If you are or have been in a significant relationship or marriage, separation is a challenging time. This process can be easier to navigate with the support of a family lawyer and specialist legal advice. Our family lawyers are here to assist you in either considering separation or a separation matter, to answer your questions, provide you w aware of your options and make informed decisions.

Pre-Separation or Early Separation Advice Can Be Advantageous

Seeking pre-separation advice from a family lawyer allows you to understand what steps you may need to take and how the process works. This can help you feel prepared and less overwhelmed.

Even if your separation is amicable, getting early advice is crucial to ensure the process goes smoothly and your interests are protected.

If You Are Married, You May Need to Wait to Apply for a Divorce

In Australia, if you have been married for two or more years, a divorce application can only be made after one year and one day has passed since the date of separation.

In the meantime, you can take the following steps:

• Making parenting arrangements for the children;
• Beginning the process of financial separation and property settlements; and
• Organising spousal maintenance or child support payments.

Court is not the only option

Not all separations require going to court. If both parties are committed to resolving issues amicably, there are alternative options such as a collaborative approach or mediation. These methods can often resolve disputes related to parenting arrangements or property division without the stress and expense of court proceedings.

Finalising Property and Parenting Arrangements

Finalising legal arrangements related to property division and parenting arrangements is essential to moving forward after separation.

Under the Family Law Act 1975 (Cth), you can formalise this arrangement in two ways:

• A Parenting Plan: A jointly agreed arrangement that is not legally enforceable but can serve as evidence if needed later in court proceedings.
• A Consent Order: A legally binding agreement formalised by the court, where breaches can lead to serious consequences.

Taking care of these agreements early can help provide clarity and stability moving forward.

Has There Been Domestic Violence and do you require a Protection Order?

If your ex has been physically or emotionally abusive and you are concerned about yours or your children’s safety during the separation, you should report this to the police as a priority and may need to apply for a Protection Order.

A Protection Order can legally limit contact between you and your former partner, offering a layer of security and mental relief.