What is separation?
In family law, separation is defined as the bringing to an end of a marriage or de facto relationship.
More often than not, separation is a difficult and upsetting experience for everyone involved.
One of the most serious consequences of separation is the stress it places on children. They may experience a range of emotions that are difficult for them to deal with and talk about. They may also behave in ways that are unusual for them. In short, separation is a time when most people find they need a lot of support.
The good news is that there are a range of services, including family counselling and dispute resolution Family Law Resources, that can help you, your partner and children work adjust to your new situation.
What do you need to consider if you are separating or have recently separated?
If you are considering separation or have separated, you and your former partner will need to make important decisions about your children and your assets.
You may need to consider:
- where your children will live and who will take care of them
- how you and your former partner will support yourselves and your children
- who will pay outstanding bills or debts
- who will stay in the house
- how will the rent or mortgage be paid.
These are important issues and, for that reason, you may want to talk to a lawyer. A lawyer can help you understand your legal rights and responsibilities, as well as explain how the law applies to your case.
More importantly, a lawyer should be able to help you reach an agreement with your former partner without going to court.
What are the advantages of reaching an agreement with your former partner?
If you are separating, there are a number of advantages to reaching an agreement with your former partner:
- You make your own decisions, rather than having to accept those a court makes
- You reduce the cost (both financial and emotional) of legal proceedings
- Your ongoing relationship is likely to be better, which is especially helpful If you are parents
- Communication with your former partner may improve, assisting you to resolve disputes in the future.
How do Monardo Solicitors approach separation?
At Monardo Solicitors, we understand that every separation case is different, so we will take the time to talk to you and get an understanding of your particular situation. We will then help you to work toward achieving the best possible solution for you and your family. Our emphasis is always on trying to reach an agreement with a client’s former partner. In most cases, we manage to achieve this. However, if your case has to go to court, you can be certain that you are in experienced hands.
Are you considering separation or divorce? Would you like to talk to a lawyer? Call Vince Monardo on 02 8006 5244 or 0415 286 116.
Why is the date of a separation important?
Separation is a fact that must be proved if disputed by your former partner at a later time. Therefore, it is a good idea to confirm the separation in writing and send it to the other party.
Sometimes in divorce cases and property settlement cases in de facto relationships, the date on which one of the parties can prove separation took place is crucial.
The importance of the date of separation in divorce cases
In divorce cases, the date of separation is recorded on the Application for Divorce. If you cannot prove that you separated from your spouse at least 12 months prior to filing your application, the court will not grant your divorce.
The importance of the date of separation in a de facto relationship
In de facto relationships (especially where a relationship ends around the two-year mark), the question of whether a property settlement is available can depend on which side of the two-year mark the separation took place. If the relationship was less than two years in length, then the court may not have jurisdiction under the Family Law Act 1975 (Cth) to make a decision about property. Although there may be alternative remedies available, or another basis to show that a de facto relationship existed, the date of separation may be important.
What is separation under one roof?
Separation under one roof is when a husband and wife separate but continue to live in the same home. It may be for a few days, weeks, months or years following separation.
If you and your spouse lived in the same home during part or all of the required 12 months’ separation period, you need to provide extra information to the court in the form of an affidavit (a sworn statement) proving there has been a change, gradual or sudden, in the marriage, which shows you and your spouse have separated.
If you are in the process of separating or have recently separated, it is natural that you would be stressed or upset. However, if you are feeling overwhelmed, there are a number of organisations that offer support and advice.