Separation

When a relationship ends and the parties separate, it can be both an emotionally and financially difficult time. It is also not the case that both parties need to agree to the separation. What is required is that one of the parties decides that the couple is to separate and tells the other party this. The exact date of separation can often be hard to determine although this is sometimes required. It is therefore advisable to have something in writing to confirm the date of separation. Our expert family lawyers can advise and guide you through the whole process of separation to ensure you understand what is happening and that your needs (as well as those of any children) are protected.

What do the courts regard as a separation?

There is actually no legal definition of what a separation is. Basically, the courts will regard the parties as separated when they stop living together as a couple. It is not necessary for the parties to have stopped living under the same roof but they do have to be leading separate lives. Where the parties remain in the same house it is known as “separation under the one roof”. If the parties continue living under the same roof during the requisite separation period then the courts will require extra information to confirm the separation.

There are various factors that the courts will consider in regarding whether a couple has separated including:

• The couple no longer sharing the same bedroom or having sexual relations.
• Ceasing to share assets such as money and bank accounts.
• No longer sharing meals, family trips and domestic duties as they had done in the past.
• Not socialising together as a couple.
• Notifying family and friends of the separation.

If the parties are still living under one roof during the separation they also need to prove why they continued to live in the same house and if the intention is for this to continue or change. Also, what the living arrangements are for any children under 18 years that are living in the same house. And finally, if you had notified any government department of your separation.

Married couples must wait 12 months from separating before they can apply to the court for a divorce. The date of separation may also be taken into consideration for property settlement proceedings. In de facto relationships, the parties have two years from the date of separation to apply to the courts for a property settlement.

Contact our expert family law solicitors in Revesby, NSW today

At Bateys Law Firm, we can offer you a friendly relaxed environment in which we can provide you with professional advice in relation to your separation. We can advise you on your legal rights and responsibilities and explain the whole process.  Our dedicated solicitors will advise you on all legal aspects surrounding your case in the most efficient and cost-effective manner.

If you would like guidance from South West Sydney’s most reputable family law firm, contact Bateys today and see how we can help. Call us on 02 4708 9507 or complete our online contact form.