While divorce refers to the specific legal process of ending a marriage, the separation process starts with a decision by one person or both people in the relationship. Separation starts when you bring the relationship to an end by ceasing to live together as a couple. While this decision is personal, it does have legal implications if you plan on eventually getting a divorce.
A separation lawyer at Melbourne Law Studio can help guide you through this process and what is required in your unique circumstances. Below, we look at some important points to consider.
A separation means you and our partner no longer live together as a couple. This does not mean you have to live in separate homes. All that is needed is for it to be clearly stated that the relationship is over. It is best to document this in writing (for example, through a text message or email) if you plan to get a divorce.
This is because you need to have been separated for at least 12 months before you apply for a divorce. The date of separation is counted from the day the separation was mutually agreed upon or communicated from one person to the other. Documenting the date of your separation helps mitigate disputes over the date of separation.
To confirm a marriage separation under one roof, the court will consider evidence that you were separated. This includes:
A separation lawyer can help you prepare supporting affidavits if you want to apply for a divorce and have been living with your ex-partner under the same roof.
For help drafting a separation agreement or for any other assistance with separation and divorce, get in touch with our Melbourne family lawyers. Book your free 15-minute consultation today with the team at Melbourne Law Studio by calling 03 9021 1421 or contact us online.
Absolutely fantastic service. Highly recommend. The team at Melbourne Law Studio was very helpful and professional keeping me updated at all stages of the process providing the best of guidance and clarity in my personal matters. Demi was outstanding in the services provided from start to finish, very helpful and insightful with prompt responses to all my queries, making the whole process far less stressful. Thank you Ines, Demi and the team for helping me move on with my life. I would highly recommend Demi and the MLS team as a whole.
Melbourne Law Studio was a beacon of hope during a very challenging time in my life. The staff was empathetic, knowledgeable, and professional. They guided me through every step of my family law matter, providing clear explanations and support. I felt reassured knowing I had a strong team advocating for my rights. I am grateful for their hard work and commitment to achieving a fair outcome.
Going through a separation was one of the toughest experiences, but Melbourne Law Studio made it feel manageable. Even though it could get emotionally overwhelming, I could see a light at the end of the tunnel. Ines was patient, listened to all my concerns, and treated me with respect and kindness. She has a really easy demeanour about her and I felt like her and the team had my back every step of the way. I can’t thank MSL enough for their support.
After my separation, a friend suggested I reach out to Ines at MLS. From the start, she was not only professional but also genuinely supportive and open about the process, costs, and the likely outcomes. Her approach was in line with my goal of reaching a fair and amicable resolution. I’m really grateful for her kindness and attention to detail. Thank you
From the first call I felt like I was in the right hands with Melbourne Law Studio. They were friendly and made me feel heard. Ines and her team went above and beyond to make sure I understood all my options and helped develop a strategy to get the best result in what was a really messy parenting dispute. Their personal approach and genuine care made me feel like I was always welcome to call them and see what was happening or what was next, the waiting sometimes for the other side was hard so I’m truly grateful for that.
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