Our response to the COVID-19 Situation that is unfolding — Learn More >
1800 786 931
Taylor&Scott Lawyers
  • Home
  • Compensation Law
  • Motor Vehicle
  • Our Services
    • Commercial And
      Business Law
    • Employment Law
    • Family Law
    • Migration Law
    • Property Law
    • Wills & Estates Law
  • People
    • Ray McClenahan
    • Ivan Simic
    • Simon Meigan
    • Evelyn Gardis
    • Mark Youssef
    • Tim McCauley
    • Gervase Liddy
    • David Hartstein
    • Kimberley Becker
    • Michelle Meigan
    • Jonathan Teng
    • Andrew Woo
    • Jessica Cook
    • Donna Begnell
Our response to the COVID-19 Situation that is unfolding — Learn More >
LocationsPeopleContact Us
Taylor&Scott Lawyers
Individual LawBusiness LawAbout Us
1800 786 931
  • Personal Injury
    • Injured at Work
      • Workers Compensation Claims
      • Work Injury Negligence Claims
      • Injured In / Around a Coal Mine
      • Industrial Deafness
      • Non-Employer Negligence Claims (Against Third Parties)
      • Asbestos Claims
    • Motor Vehicle
      • Motor Vehicle Accidents and Claims Before Dec 2017
      • Blameless Motor Vehicle Accidents
      • Bus Accidents
      • Car Accidents (Driver or Passenger)
      • Hit and Run Accidents
      • Children Injured in Motor Vehicle Accidents
      • Bicycle / Cycle / Pushbike Accidents
      • Death Claims Resulting from Motor Accidents
      • Motorcycle Accidents (Driver or Pillion Passenger)
      • Pedestrian Accidents
      • Truck Accidents
      • Uninsured Liability Scheme Accidents (Vehicle at Fault Not Insured)
    • Medical Negligence
      • Hospital claims
      • Doctor claims
      • Treatment Providers Negligence
      • Nursing and Retirement Claims
    • Unable to work
      • Income Replacement Insurance Claims
      • Total Permanent Disability (Tpd) / Superannuation Claims
    • Injured In Public
      • Negligence Claims
      • Slip, Trip or Fall
      • Shopping Centre Accidents
      • Holiday Accidents
      • School, Sporting or Playground Incidents
      • Insurance Claims and Disputes
      • Dog Attacks
      • Aircraft Accidents
  • Family Law
    • Divorce and Separation
      • Divorce and Prenuptial Agreements
      • Divorce and Spousal Maintenance
      • Divorce and Annulments
      • Separation
      • Applying for Divorce
      • Divorce Application
    • Children and Parenting Matters
    • Child Support
    • Paternity Matters
    • Spousal Maintenance
    • Property Settlements
    • De Facto Relationships
  • Wills & Estates
    • Disputed Will or Contested Estates
    • Dealing With Deceased Estates
    • Wills and Estate Planning
    • Powers of Attorney and Enduring Guardian
  • Property Law
  • Migration Law
    • Partner Migration
      • Prospective Marriage Visas
      • Partner Visas
    • Employer Sponsored Migration
    • Temporary Graduate (Subclass 485) Visas
    • Skilled
      Migration (SkillSelect)
    • Medical / Health Waivers
    • Parent Migration
    • Visa Issues
  • Employment Law
    • Employee Legal Services
      • Redundancy
      • Unfair Dismissal / General Protections
      • Termination of Employment, Unfair Dismissal, Adverse Action, Redundancy
      • Independent Contractor or Really an Employee?
      • Senior and Executive Staff
      • Employment Contracts, Post Employment Restrictions, Policies and Procedures
      • Underpaid or Unpaid Workers
      • Workplace Discrimination and Adverse Action
      • Employment Contracts, Negotiating Employment Contracts, Bonus & Performance Payments
    • Employer and Small Business Legal Services
      • Equal Employment Opportunity
      • FWO Investigations
      • Redundancy
  • Commercial Law
  • Employment Law
    • Employer and Small Business Legal Services
      • Equal Employment Opportunity
      • FWO Investigations
      • Redundancy
      • Employment Contracts, Post Employment Restrictions, Policies and Procedures
      • Termination of Employment, Unfair Dismissal, Adverse Action, Redundancy
    • Employee Legal Services
      • Redundancy
      • Unfair Dismissal / General Protections
      • Independent Contractor or Really an Employee?
      • Senior and Executive Staff
      • Workplace Discrimination and Adverse Action
      • Underpaid or Unpaid Workers
  • Property Law
  • Migration Law
    • Partner Migration
    • Temporary Graduate (Subclass 485) Visas
    • Skilled
      Migration (SkillSelect)
    • Medical / Health Waivers
    • Parent Migration
    • Visa Issues
  • People
    • Ray McClenahan
    • Ivan Simic
    • Simon Meigan
    • Evelyn Gardis
    • Mark Youssef
    • Tim McCauley
    • Gervase Liddy
    • David Hartstein
    • Kimberley Becker
    • Michelle Meigan
    • Jonathan Teng
    • Andrew Woo
    • Jessica Cook
    • Susan Marreiros
    • Donna Begnell
  • Locations
  • Contact Us
  • Success Stories
  • Answers
  • News
  • Individual Law
    • Personal Injury
    • Family
    • Wills & Estates
    • Property Law
    • Migration Law
    • Employment Law
  • Business Law
    • Commercial Law
    • Employment Law
    • Property Law
    • Migration Law
  • About Us
    • People
    • Locations
    • Contact Us
    • Success Stories
    • Answers
    • News
LocationsPeopleContact Us
ENQUIRE NOW


Home » Our Services » Family Law » Family Law – Separation


Family Law – Separation

Request A Call
Enquire Now



Separating from a spouse or partner is a time of upheaval and change, and it can be difficult to define an exact date of separation in some cases. Although there is no legal obligation to register separation, it could be the right time for Taylor & Scott Lawyers assistance for updating your will, power of attorney, enduring guardianships and binding nominations regarding superannuation.

  • What is legal separation?
  • How long must you be separated before you apply for a divorce?
  • What should you consider before separating?

What is legal separation?

Family Law defines Separation as the bringing to an end of a marriage or de facto relationship. The date of separation may need to be proved if it is contested by the other party, so it’s a good idea to retain evidence of your separation, such as email messages, text messages, voicemail messages and conversations.

Property settlement outcomes during cases for married and de facto partners can hinge on separation timelines. If there are children involved, the matter can become complex, and spousal maintenance is also an issue worth consideration. It’s important to get your dates and facts straight, as strict timeframes and guidelines apply in separation matters.

How long must you be separated before you apply for a divorce?

Applicants are expected to provide true and correct information, including evidence of at least 12 months separation prior to filing an application for a divorce. In regards to de facto relationships, the duration of your relationship will help determine settlement outcomes. There is a two-year time limit from the time of separation for bringing legal proceedings, with the date of separation again playing a significant role.

What should you consider before separating?

There will be a multitude of things to consider before separating, so it can be easier to tidy most loose ends with the assistance of Taylor & Scott Family Law professionals. For starters, we can help you to draft a separation agreement, or ‘Binding Financial Agreement’ under the Family Law Act. Once both parties have legal clarity and certainty regarding assets and debts it will be possible to move forward.

Separation and divorce proceedings don’t determine outcomes related to property, maintenance or parenting arrangements for children. Taylor & Scott Lawyers are here to shine a light on your path forward and are known as expert mediators who strike a fair deal. We can help you structure a financial or maintenance plan, assist with formal documentation, negotiate with opposing legal teams and even represent you in court if required.

If there are children involved in the separation, the Court will need to be satisfied that suitable arrangements are set in place for housing, health, education, contact and financial support. The relationships remain a balancing act, just as they did during the marriage or de facto partnership, although Taylor & Scott assistance will help you get the balance right for the benefit of everyone.

What should you arrange after separating?

Separation is often the end result of an emotional time, where denial, anger, sadness and depression add to the difficulty. Moving forward with acceptance and adjustment to a new life is possible, and it’s also worth appreciating that not everyone moves on at the same pace. Taylor & Scott Lawyers will guide you through the steps to take so that you aren’t financially burdened during difficult times. Things we consider when supporting your arrangements include:

  • Who will take care of the children
  • Who will stay in the house
  • How you will financially support yourselves
  • What will happen to the house, car and assets
  • Who will pay outstanding bills and debts
  • Who will pay the mortgage

Taylor & Scott have been applying values of fairness to Family Law situations since the practice was established in 1905. Our team of legal experts are leaders in their respective fields, including Family Law professionals who are on hand to assist you in achieving fair separation outcomes.

  • What is legal separation?

    Family Law defines Separation as the bringing to an end of a marriage or de facto relationship. The date of separation may need to be proved if it is contested by the other party, so it’s a good idea to retain evidence of your separation, such as email messages, text messages, voicemail messages and conversations.

    Property settlement outcomes during cases for married and de facto partners can hinge on separation timelines. If there are children involved, the matter can become complex, and spousal maintenance is also an issue worth consideration. It’s important to get your dates and facts straight, as strict timeframes and guidelines apply in separation matters.

  • How long must you be separated before you apply for a divorce?

    Applicants are expected to provide true and correct information, including evidence of at least 12 months separation prior to filing an application for a divorce. In regards to de facto relationships, the duration of your relationship will help determine settlement outcomes. There is a two-year time limit from the time of separation for bringing legal proceedings, with the date of separation again playing a significant role.

  • What should you consider before separating?

    There will be a multitude of things to consider before separating, so it can be easier to tidy most loose ends with the assistance of Taylor & Scott Family Law professionals. For starters, we can help you to draft a separation agreement, or ‘Binding Financial Agreement’ under the Family Law Act. Once both parties have legal clarity and certainty regarding assets and debts it will be possible to move forward.

    Separation and divorce proceedings don’t determine outcomes related to property, maintenance or parenting arrangements for children. Taylor & Scott Lawyers are here to shine a light on your path forward and are known as expert mediators who strike a fair deal. We can help you structure a financial or maintenance plan, assist with formal documentation, negotiate with opposing legal teams and even represent you in court if required.

    If there are children involved in the separation, the Court will need to be satisfied that suitable arrangements are set in place for housing, health, education, contact and financial support. The relationships remain a balancing act, just as they did during the marriage or de facto partnership, although Taylor & Scott assistance will help you get the balance right for the benefit of everyone.

  • What should you arrange after separating?

    Separation is often the end result of an emotional time, where denial, anger, sadness and depression add to the difficulty. Moving forward with acceptance and adjustment to a new life is possible, and it’s also worth appreciating that not everyone moves on at the same pace. Taylor & Scott Lawyers will guide you through the steps to take so that you aren’t financially burdened during difficult times. Things we consider when supporting your arrangements include:

    • Who will take care of the children
    • Who will stay in the house
    • How you will financially support yourselves
    • What will happen to the house, car and assets
    • Who will pay outstanding bills and debts
    • Who will pay the mortgage

    Taylor & Scott have been applying values of fairness to Family Law situations since the practice was established in 1905. Our team of legal experts are leaders in their respective fields, including Family Law professionals who are on hand to assist you in achieving fair separation outcomes.








At Taylor & Scott, We Care For You

Take advantage of having us on your side.


Over 118 years of expert legal advice

You'll receive over a century of hard-fought litigation, highly skilled and successful negotiation experience across our firm.

No Win No Fee
Guarantee*

When it comes to Personal Injury, Compensation and Motor Vehicle Accident claims, if we don’t win, you don’t pay*.

Skilled, professional & specialised lawyers

We'll pair you with the best lawyer for your case, no matter the cause.

Honesty, integrity & transparency

You get strategic advice 
& strong representation, 
with an honest & 
transparent approach.

Get Started Today




FIND OUT HOW TO MAXIMISE YOUR CLAIM TODAY

With over 118 years of hard-won wisdom, you are in safe hands.

Enquire Online           1800 600 664

Contact Us

12/276 Pitt St, Sydney NSW 2000
Phone: 1800 600 664
Fax: (02) 9265 2555
Email: info@tayscott.com.au
Other offices located in Parramatta, Campbelltown, Newcastle & Wollongong (by appointment)

Compensation

Read more

Services

Commercial And Business Law
Employment
Family Law
Property
Wills & Estates
Migration

Success Stories

Dust Disease
Health Waiver
Medical Negligence
Migration
Motor Accidents
Family Law
Slip & Fall
Will Disputes
Work Injuries

JOIN THE CONVERSATION

No Win No Fee Policy — Our Guarantee to you*
Disclaimer/Terms of Use
Privacy Policy
Copyright © 2021 Taylor & Scott
*Personal Injury, Compensation and Motor Vehicle Accident matters, you get our no win / no fee guarantee and a free 40 min initial consultation. Conditions apply.
Liability limited by a scheme approved under Professional Standards Legislation.

No Win No Fee Policy — Our Guarantee to you* Disclaimer/Terms of Use Privacy Policy Copyright © 2021 Taylor & Scott
*Personal Injury, Compensation and Motor Vehicle Accident matters, you get our no win / no fee guarantee and a free 40 min initial consultation. Conditions apply.
Liability limited by a scheme approved under Professional Standards Legislation.
  • Home
  • Compensation Law
  • Motor Vehicle
  • Our Services
    • Commercial And
      Business Law
    • Employment Law
    • Family Law
    • Migration Law
    • Property Law
    • Wills & Estates Law
  • People
    • Ray McClenahan
    • Ivan Simic
    • Simon Meigan
    • Evelyn Gardis
    • Mark Youssef
    • Tim McCauley
    • Gervase Liddy
    • David Hartstein
    • Kimberley Becker
    • Michelle Meigan
    • Jonathan Teng
    • Andrew Woo
    • Jessica Cook
    • Donna Begnell