Casey Family Lawyers

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Separation Lawyers

Offices in Narre Warren, Warragul & Online

Servicing Victoria, South East Melbourne Suburbs & Gippsland areas.

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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.

 

Separation & Property Settlements

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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.

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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.

Kelly Beck Casey Family Lawyer

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FAQ

Common Questions About Separation

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

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.

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

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.

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.

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.

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

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

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

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