Separation is never easy and if you are separating from your partner, you may be feeling overwhelmed by the legal process.
Whether you are seeking a divorce or have decided to separate but not get divorced, every decision will have an impact on your finances and family life.
At our firm, we understand how difficult it can be to separate from a spouse or partner. This is why our experienced lawyers will work with you every step of the way to ensure that we meet your legal needs during this time.
Family law is complicated, but we know the legal ramifications of separating from your partner. We offer comprehensive information and advice about Australian family law that will help you make informed decisions regarding separation.
There are many different factors that go into making these decisions, including parenting arrangements, property settlements, child support payments, and more.
At our firm, we have helped hundreds of people navigate through these tough decisions, and reach a separation solution that works well for them.
We offer affordable advice and representation so that all of our clients can get the best outcome possible in their circumstances.
What is separation?
Separation happens when one or both of the partners decides to no longer be in a relationship together. Even after you separate, however, you can still live in the same house.
How do I separate from my partner?
If you want to split up with your partner, you simply tell them and then do so. There is no need for their consent, and there is no need to get permission from anyone.
A legal procedure is not required and there is no certificate that says you are separated.
However, you should keep in mind the date you separated, as it is important for future legal timelines.
There are some things you need to do next:
- Upon separation, you should notify the Department of Human Services (DHS) Centrelink as well as Child Support and Medicare
- You should not keep your separation a secret. Let your friends and family know
- You need to make living arrangements for your children
- Your former partner might know your online passwords, so change them if you can
- Organise your finances and property. Prepare a plan for paying your debts and bills. Identify how you are going to handle any joint accounts, superannuation, or insurance. Create a plan for dividing your assets
- You should change your will
- Make contact with your superannuation fund and identify now who should receive your superannuation and insurance upon your death
All the above will serve as evidence if you need to prove when you were separated in the future.
Call us for a free call with our expert legal team!
Does someone have to leave the home?
Courts can order one family member to leave the house when there has been family violence.
Aside from that, however, you get to decide whether to leave or remain in your home. Of course, the same is true for your partner.
So, even after separation, you can agree to continue living in the same house. But then there is a possibility you will need to provide proof that you are actually separated. The court may want to hear about:
- where you and your partner sleep
- how each of you handles cooking and cleaning responsibilities
- whether your family, friends, or coworkers believe you’re separated
- the way each of you manages your finances
- your communication with one another other
If I leave the home, do I lose my rights?
The answer is no.
Your rights to the family home and your belongings will not be affected if you leave the house. You may also have the option of returning at a later date.
But keeping yourself and your children safe must be your top priority.
If I leave, what should I take?
If it is safe to do so, you should take all your official documents and important financial records with you at all times. Included in this are:
- Birth certificates and other credentials
- Visas & passports
- A bank statement, a checkbook, and an ATM card
- Financial documents such as superannuation and tax returns
In addition, you can take the things that are important to you and that you fear leaving behind, such as photos.
If your children are joining you, you will need to pack practical things for them as well. Toys and clothing are included in this category.
If you apply for a family violence intervention order, the court may order the other person to return your possessions, or let you pick them up. In some cases, a police officer may accompany you to gather your things.
Are my children allowed to accompany me?
Yes, but according to the law, children have a right to maintain relationships with both of their parents.
The parties would do well to come to agreements about where the children will live and when they will visit the other parent. It is important to consider how moving will affect the children.
You should still seek legal advice, even if you and the other party agree on what to do.
If I'm renting, what should I do?
If you and your ex-spouse rent a property together, you both have to pay the rent and fix any damages. Changing your lease is very important if one of you decides to move out. You can request this from your landlord or agent.
Separation Lawyer in Melbourne
Are you considering separation from your partner?
Then, you have come to the right place. We can help you understand what separation means for your family and finances. Our attorneys have extensive experience in Australian family law, so we know how to guide you through the process of separation with confidence.
We offer comprehensive information about the law that will help you protect yourself legally in a divorce or separation without divorce. Our team is here to answer any questions you may have about your situation and provide guidance on what steps to take next.
Let us take care of all your legal needs during this difficult time. Our goal is to provide you with all the knowledge necessary for a successful separation while minimizing any potential negative consequences on your resources or your children’s lives.
Contact our firm today for a consultation. We are here to help.