Separation is a significant life event and its definition has changed over time. Traditionally, it often meant one partner leaving the shared home. However, many couples today experience separation while still living under the same roof. This situation can arise from factors such as financial constraints, shared caregiving responsibilities, and the desire to reduce disruption, especially for children.
Sometimes, couples remain living together. This can be for a myriad of reasons, from financial to the sake of the children or pending a mutual agreement on the division of property/assets.
It is important to understand that if you intend to be separated under one roof, you must make certain changes to your daily life so that you can prove, if necessary, that your relationship has indeed ended.
Some of these to note are:
You are required to prove your separation status and for the above circumstances, you may be asked to have someone corroborate your personal living situation.
The date of your separation is important for the following time limitation:
* You are always able to ask the Court for “leave” (which in lay speak means seeking permission) to make an Application outside of this time. The Court, however, does not always grant permission so it is sensible to comply with the time limitation where it is possible.
Applying for a divorce is a separate process from determining the division of assets, parenting arrangements, child support and spousal maintenance. Our experienced family law team can provide guidance and support throughout these complex legal matters.
Time limits do exist for property settlements following divorce and separation. You have 12 months from the date of divorce to commence court proceedings to determine the division of assets. De facto couples have 2 years from the date of separation to formalise a property settlement.
Our team of dedicated lawyers can assist you in navigating these timelines and ensuring your rights are protected.
At Foye Legal, we strive to empower our clients to make the right decisions for their unique circumstances. We understand that every separation or divorce is different.
When you’re down, you need the right people on your side to help you stand back up. If you’re facing a separation or divorce, Foye Legal are ready and willing to fight for your rights and make sure you get everything you deserve.
Take control early. Our free toolkit helps you avoid complications, manage costs, and secure better outcomes. Backed by expertise and integrity, it guides you through legal challenges with confidence — because you deserve clarity, fairness and a stronger future.
Your first consultation is vital in safeguarding your interests and laying the foundation for the best possible outcome. At Foye Legal, we value the trust you place in us and are committed to providing clarity, strategy and unwavering support from day one.
Separation occurs when one person in a marriage or de facto relationship communicates their intent to end the relationship. This communication can be verbal or implied through actions.
No. While physical separation is common, it’s not always necessary. Couples can be considered separated even if they continue to live under the same roof if they have ceased to live as a couple, meaning they no longer have a shared domestic life.
Separation has significant legal implications, including:
If you are considering separation, seeking legal advice from a qualified family lawyer is essential. They can provide guidance on your rights and obligations, help you understand the legal implications of separation, and assist you in navigating the process.
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