Separation & Divorce

A decision to formally separate or get divorced is a life-changing decision. Some people seek legal assistance to end a relationship and move on as quickly as possible, where others are subject to their partner making a decision to separate and typically require more time to process the grief and trauma associated with such a decision being unilaterally imposed upon them.

As a matter of practicality, we do seek to provide timely advice and assist you to make decisions to move toward acceptance of a separation and resolve any matters in dispute. As a matter of humanity, we understand that separations affect many things and may require time and sensitivity for you to process what a separation might mean for you beyond family law advice.

How can we help?

Although there are different technical provisions under the Family Law Act 1975 for de facto couples, the substantive requirements and rights for de facto couples are typically the same as for married couples.

If your de facto relationship has been for less than 12 months or you have been separated for more than 24 months, you may have difficulty in making a claim for a property settlement. If you are considering your options, we invite you to gain confidence through an initial consultation.

We offer fixed fee arrangements for you to obtain a divorce once you have been separated for more than 12 months. You may obtain a divorce jointly (with your ex-partner) or as a sole application (where you will need to have the documents served on your ex-partner). If you have children under the age of 18, you may be required to attend a court hearing.

We understand that some people are very proactive in wanting to understand the implications of a decision to separate. If you seek advice on a separation when your relationship has not ended, we can also assist you with resources to attempt to restore your relationship.

While no one can determine the outcome of such efforts, we generally recommend that you first attempt reconciliation, in order to minimise any regrets.

Many of our client’s have taken steps to attempt counselling and mediation, and seek legal advice from us because such options are no longer feasible.

Frequently asked questions

By the nature of family law practice, most people will only engage with a solicitor when the other person is being unreasonable, malicious, or taking advantage of good faith interactions. It is very difficult to navigate such situations, especially if your ex-partner has a clinical diagnosis.

We are experienced in dealing with people who appear charming in public, but are controlling and abusive when no one else is present. Whether these traits present in the other side’s client or in our clients, we seek to focus separated couples on what is needed to formalise an agreement and assist both parties to move on with their lives.

If your ex-partner is in fact a narcissist, there are limited ways to make the situation work. We assist our client’s to set boundaries, develop better communication strategies, and make decisions to take control of their own lives and move forward despite such difficulties.

The time of separation can be different for different couples. As a matter of legality, a separation has occurred when both parties consider their relationship to have ended or been suspended. A separation may occur when you are still living under the same roof, or simply occur on a temporary basis while both parties have time to consider their future relationship.

Practically, a separation is understood to have occurred when one person moves out of the family home. Sometimes this can be after a significant argument, learning about an affair, or one person simply deciding that they no longer wish to continue the relationship. We typically advise our clients to consider what they are doing and any preparatory actions to be taken before acting and moving toward a separation.

While most people are not typically required to attend a court hearing, you can only obtain a divorce by filing a divorce application with the family courts. While the process can be daunting, you can have confidence knowing that we have a 100% success rate in applying for and obtaining divorces. It is worth noting that a divorce is separate to a property settlement, parenting arrangements, child support, and spousal maintenance applications.

As our client, you will never be lost in the system.