FAQ

A legal separation is the point where a relationship between spouses or de facto partners ends. Whilst the date of separation may not be an issue in some cases, it is relevant to how property is divided. If there is a dispute about the date of separation, it may be necessary for the Court to make a decision about this.

Yes. Seeing a lawyer before officially separating can give you more options. If you do decide to separate, you will be armed with professional advice about your rights and entitlements. Our family lawyers can assist you through the separation process.

No separation form exists, and there is no separation register. In cases where you are applying for Centrelink benefits, a statutory declaration will need to be signed to confirm you and your partner have separated.

Yes, the law recognises that a couple can be separated and still live in the same house. This is quite common, until one person is able to relocate elsewhere.

You should take your personal possessions such as your clothing, but it will depend on your financial situation regarding taking other items, such as furniture.

If possible, speak to our family lawyers before you move out, as we can advise you on what is appropropriate in your situation.

You can either apply for a divorce yourself or we can assist you with the divorce application. All applications for divorce are made to the Federal Circuit and Family Court of Australia.

Before you apply for a divorce, you must be separated for at least 12 months. However, you can make arrangements for children and a property settlement before then.

Yes, provided you or your spouse:

• Are an Australian citizen or
• Intend to live in Australia indefinitely as a citizen or resident or
• Intend to live in Australia and have done so for the last 12 months

No. Divorce is a separate process from:

• Parenting and children’s arrangements
• Child support
• Property settlement
• Spousal maintenance

If you and your partner have a relationship as a couple and are living together on a genuine domestic basis, then you are in a de facto relationship.

No, de facto couples are treated the same way as married couples.

Yes, either party can apply for a property settlement within 2 years of separating.

If parents cannot agree on where the children will live and with whom, they can ask the Court to decide. The Court considers a range of factors when deciding on the child’s best interests.

The Family Law Act focuses on the rights of children, not of parents. As a parent, you can reasonably expect to:

• Have ongoing involvement in your children’s lives
• See your children regularly, and
• Be involved in ongoing decisions made about your child

No, seeing a lawyer doesn’t mean that you will end up in court. At Resolve Conflict, we help most of our clients reach an agreement about their family law issues without going to Court. Our family lawyers can work with you to choose the best approach to resolving your situation.

We charge according to the amount of time we need to spend on your situation.

Our process interview is a fixed fee of $450 + GST and may take up to an 1.5 hours. Here, we provide you with the opportunity for a meet and greet and to discuss your personal situation. Then, our family lawyers will discuss the different pathways you can take to resolve issues, as well as an estimate as to how much your matter is likely to cost to resolve.

The first process interview is not free of charge. We do not do Legal Aid.

To arrange a process interview, please contact us.