In Australia, a marriage separation occurs when you and your partner stop living together in a domestic or marriage-like relationship. Your partner doesn’t necessarily need to agree to the separation, but they do need to know the relationship is over.
Separation occurs in the context of both marriages and de facto relationships. While there are no legal processes to become separated, a marriage separation is an essential first stage of getting a divorce. Below, the team at Melbourne Law Studio outlines the role of separation in getting a divorce.
The date of separation is important if you want to apply for a divorce. You must be separated for at least 12 months before filing for divorce. Once a divorce order has been made, you have 12 months from the date of the official divorce to apply for a property settlement.
The date of separation is typically counted from the day the separation was communicated to the other person or agreed upon in the case of an amicable and unified split. Disagreements can arise about the date of separation.
If you and your partner have had conversations about separating, or you have told your partner you want to separate, make sure that you document it in writing. Text message or email is sufficient, as the notification of intent to separate needn’t be done formally.
It is possible for parties to continue living together and still separate. Separation under one roof is when you continue to live together in the same home but one or both of you considers your relationship to have ended. For example, you no longer share a bed for any reason and no longer socialise as a couple.
Separation is often the last resort for couples who cannot come to a reconciliation. Many ultimately decide to go down the path of divorce. However, it can be challenging to work through the emotional and financial ramifications of divorce.
If you’re unsure about permanently ending your marriage, a separation can give you both the opportunity to consider your relationship. Both parties can still protect their rights financially with a separation agreement, which can be drafted with help from a separation lawyer. For example, some couples may not want to get divorced due to religious, financial or other practical or personal reasons. In other cases, a divorce may be preferred, such as if one of the parties is unhappy, the relationship is unsafe, or one party wants to remarry.
Marriage breakups can be stressful and painful, therefore it’s a good idea to seek advice from a family lawyer as this area of law can be complex for those unfamiliar with it. For help drafting a separation agreement or for any other assistance with separation and divorce, a separation lawyer at Melbourne Law Studio can help.
Book your free 15-minute consultation today with our team of Melbourne divorce lawyers. Call us on 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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