Separation Lawyers

Offices in Narre Warren, Warragul & Online

Servicing Victoria, South East Melbourne Suburbs & Gippsland areas.

Casey Family Lawyers are experienced, professional and compassionate separation lawyers in Melbourne with our main offices in Narre Warren and Warragul. We also offer online consultations, providing advice and representation in all aspects of divorce, separation and other family law matters.

What does separation mean?

In family law in Australia, separation refers to the situation when a married or de facto couple decide to live separately after their relationship ends with an unlikelihood of them getting back together.

Divorce vs Separation

It’s important to note that separation is a distinct legal concept from divorce. A couple can be separated without being divorced, and they may continue to be legally married or in a de facto relationship whilst living apart.

For divorce, the law requires that the couple be separated for at least 12 months before they can apply for a divorce. During this separation period, the couple must live independently and apart. They may still live under the same roof, but not as a couple and in separate bedrooms. There must be no chance or intentions of reconciling the relationship.

During the separation period, couples may address issues such as property division, parenting arrangements (child custody), and financial support on an informal basis or through legal channels like mediation, consent orders, or binding financial agreements.

Family Law Services

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Separation & Property Settlements

De facto couples have two years from the date of separation to apply to the court for a property settlement. After two years, they may require permission from the court to proceed. Married couples have 12 months from the date of a divorce order to apply to the court for property settlement.

If the time limits are not met, applying for property settlement through the court can be challenging. However, it’s essential to understand that while these time limits apply to court proceedings, parties can still negotiate and agree on property settlement outside of court at any time after separation.

It is advisable to seek legal advice and act promptly in resolving property settlements to avoid complications and uncertainties that may arise with the passage of time.

Engaging an experience separation lawyer from Casey Family Lawyers or using alternative dispute resolution methods like mediation can help facilitate a timely and fair property settlement.

Get started today and discover the compassionate, professional support you deserve!

Separation lawyers with realistic solutions

Casey Family Lawyers provides advice, negotiation and litigation representation in all aspects of separation, divorce and family law matters.

Having practised in the family law jurisdiction for more than ten years, our Principal Lawyer and Owner Kelly Beck understands how complex, challenging and emotional experiencing a separation, divorce and family law matter can be.

Trust Casey Family Lawyers to protect your rights, navigate complex legal matters, and work tirelessly with compassion to achieve realistic solutions and the best possible outcome for you and your family.

Casey Family Lawyers Testimonials

What our clients say

    
 
 
         
   Sea Dogs 
 
 
 
 Trustindex verifies that the original source of the review is Google. Highly recommend kelly and the team at Casey family law
  
 
        
   Kritika Karmacharya 
 
 
 
 Trustindex verifies that the original source of the review is Google. I highly recommend Casey Family Lawyers.
  
 
        
   Judith Marie ward 
 
 
 
 Trustindex verifies that the original source of the review is Google. Kelly was amazing throughout the entire process. She was gentle, caring, and clearly not just after money. She was an absolute blessing during an otherwise difficult time.
  
 
        
   Tania Briggs 
 
 
 
 Trustindex verifies that the original source of the review is Google. I cannot speak more highly of Casey Family Lawyers and the service I was provided by their Principal lawyer, Kelly. I initially found the prospect of having to navigate divorce and financial separation overwhelming and daunting but Kelly’s expertise and professionalism really alleviated my anxiety around this. She took the time to really listen, offered possible solutions and approaches and completely respected the direction in which I wished to pursue matters. I really appreciated how quickly Kelly answered all of my (many!) questions, kept me up-to-date on proceedings and always responded to me and my concerns with empathy and understanding. I am so very grateful to have had Kelly’s support and would recommend Casey Family Lawyers to anyone seeking an honest, dedicated and compassionate lawyer.
  
 
        
   Kay Curtis 
 
 
 
 Trustindex verifies that the original source of the review is Google. Cannot recommend Casey Family Lawyers highly enough. Achieving a combination of expertise, communication, affordability and understanding the human element is an amazing gift.  Thank you so much for your help during such a difficult time!
  
 
        
   Mel Pap 
 
 
 
 Trustindex verifies that the original source of the review is Google. I’m so grateful to have had Kelly from Casey Family Lawyers supporting me through one of the most challenging times in my life. From our very first conversation, Kelly showed genuine empathy, understanding, and patience. She took the time to really listen to my concerns and helped me feel heard and supported throughout the entire separation process.
Kelly was not only kind and compassionate but also incredibly professional and knowledgeable. She provided clear, practical advice that helped me make informed decisions during a very emotional time. I always felt like I had someone in my corner who truly cared about both the legal outcome and my wellbeing.
I can’t thank Kelly and the team at Casey Family Lawyers enough. Their support made a world of difference, and I would highly recommend Kelly to anyone needing legal help with a separation or family matter. Having someone like her by your side brings so much peace of mind.
  
 
        
   Susan Thomson 
 
 
 
 Trustindex verifies that the original source of the review is Google. Excellent client experience, sound legal advice and timely support received from Casey Family Lawyers. Highly recommend - especially Kelly Beck, Principal Lawyer - whose approach is professional, personable and compassionate.
  
 
        
   Paul Marr 
 
 
 
 Trustindex verifies that the original source of the review is Google. Casey Family lawyers were very professional and a pleasure to deal with.
I would highly recommend Kelly and her team.
  
 
        
   Steven Pratt 
 
 
 
 Trustindex verifies that the original source of the review is Google. Kelly is an amazing lawyer. Her professionalism and knowledge are exceptional. It is an absolute pleasure to deal with Casey family lawyers, I'm very thankful to have found a lawyer who is very understanding, genuine, and passionate. Thankyou
  
 
        
   Daniel Smith 
 
 
 
 Trustindex verifies that the original source of the review is Google. Kelly was extremely helpful during all stages of the legal process and I was confident that what needed to be done, was done. Any questions and/or concerns were addressed promptly and follow ups made where necessary.

Kelly made what was an emotional and stressful period as seamless as it could be.

FAQ

Common Questions About Separation

How long do we need to be separated before we can apply for divorce?

In Australia family law requires a minimum separation period of 12 months before filing for divorce.

Can we be separated while still living in the same house?

Yes, it is possible to be considered separated while living under the same roof, as long as you can demonstrate that you are living separate lives.

Do we need a formal agreement or paperwork to be legally separated?

No, there is no formal agreement or paperwork required for separation. Simply living separately and apart is sufficient.

Can we get back together after separating and then separate again?

Yes, it is possible to reconcile and then separate again. The 12-month separation period does not have to be continuous but must total at least 12 months, unless you have resumed cohabitation for a period of more than 3 months.

How do we divide our property after separation?

Property division can be done through negotiations, mediation, or court proceedings. It’s best to seek legal advice to ensure a fair and equitable division.

What happens to joint bank accounts and debts after separation?

This depends on the situation and how finances are managed, sometimes it is best to open a separate bank account, however you should seek specific advice relevant to your circumstances.

Can I apply for spousal maintenance after separation?

Yes, you may be able to apply for spousal maintenance if you are financially dependent on your former spouse and meet the necessary requirements.

Do we need to go to court for property settlement after separation?

Not necessarily. Couples can negotiate a property settlement through mediation or with the assistance of family lawyers without going to court.

Can I change my will after separating from my spouse?

Yes, it is essential to update your will and other legal documents to reflect your changed circumstances after separation.