Separation affects everyone differently, and may affect you and your former partner at different stages in your matter.

During this time you may feel anger, sadness and disappointment – all of which are normal. At this time it may be appropriate to sort out your emotions before making major decisions that will determine your future.

As Family Lawyers we work with you on how to move forward concerning your children, assets and other immediate considerations. We can consider your immediate options, and look at your options for the future and long term.

It is important to get legal advice as early as practicable to understand how to protect your interests, and make fully informed decisions. At the early stages of separation, some things we ask our client’s to consider are:

  • What arrangements can be made in relation to looking after your children?
  • Where will the parties live, will someone vacate the house?
  • Who will pay the bills for now?
  • What will happen to the house, car, furniture and other personal items?

We can assist you making these decisions, by making you aware of your rights and what you should consider relevant in your decision making process.

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Getting a divorce can be simple and completed with or without legal representation. As of July 2016, the Federal Circuit court provides online methods to apply for a divorce and lists the associated costs. However, it is important to obtain legal advice to understand your rights and how the law applies to your matter. There are time limits that apply before you get a divorce; and deadlines that are applicable to your matter once you obtain a divorce.

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Defacto Relationships

A de facto relationship is defined in Section 4AA of the Family Law Act 1975, and includes parties (opposite or same sex) who have not been married but had a genuine domestic relationship. All children whether the parents are married or defacto, are treated the same under the Family Law Act. Property and Spousal Maintenance claims the defacto couples under the Family Law Act are treated similarly to those of married couples.

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