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Separation lawyers Melbourne
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Can Help
Separation can bring emotional pressure and a long list of practical questions at the same time. You may be deciding whether to separate, dealing with an unexpected decision by your partner, or trying to work out what happens next for your children, home, finances and day-to-day life.
A separation lawyer helps you identify the decisions that need attention now and the issues that can be addressed later. Aston Legal Group provides this advice for people in Melbourne, explaining the legal issues in plain language and helping you make informed decisions in a workable order
Advice Before, During and After Separation
You do not have to wait until every practical detail has been settled before speaking with a lawyer. Early advice can help you understand the consequences of different choices and identify issues that may need prompt attention.
A separation lawyer can help you consider:
- immediate living and communication arrangements;
- care arrangements and decisions for children;
- the family home, mortgage, rent and household expenses;
- bank accounts, debts and access to financial information;
- steps to protect important personal and financial records;
- options for discussing or formalising parenting and property arrangements; and
- the later divorce process, if you are married.
Your First Practical Decisions
Some decisions cannot be made in isolation. Leaving the home, changing financial arrangements or agreeing to a temporary care routine may have practical and legal consequences. That does not mean you should take no action; it means advice should be tailored to what is safe, urgent and realistic for you.
Useful early steps can include recording important dates, keeping copies of documents you can lawfully access, listing joint assets and liabilities, and writing down the questions you need answered. If there are immediate safety concerns, call 000 and use appropriate family-violence support services.
Separation Under One Roof
The Federal Circuit and Family Court of Australia recognises that people can be separated while continuing to live in the same home. This may happen because of finances, children, housing availability or other practical reasons.
For married couples who later apply for divorce, living under one roof during part or all of the required separation period can mean extra evidence is needed. Advice about record-keeping and the facts relevant to your situation can help avoid confusion at the application stage.
Separation, Divorce, Parenting and Property
Separation is the end of a marriage or de facto relationship in practical terms. Divorce is the separate legal process that ends a marriage. A divorce does not determine how property is divided or what parenting arrangements should apply.
Depending on your circumstances, you may also need advice about:
Understanding these pathways early can help you prioritise decisions without treating everything as one dispute.
How a Separation Lawyer Can Help
Legal advice should give you a clearer view of your options, risks and next steps. Depending on the matter, that may involve advice before a conversation with your former partner, negotiation through lawyers, dispute resolution, preparing an agreement for formalisation, or court proceedings where another path is unavailable or inappropriate.
Aston’s role is to provide practical advice based on your circumstances. No lawyer can promise an outcome, but clear preparation can help you approach each decision with better information.
Preparing for an Initial Discussion
Bring what you have; you do not need a perfect file before asking for advice. Useful information may include:
- your relationship and separation dates, including any period living under one roof;
- the current living and care arrangements;
- any urgent safety, court or communication concerns;
- a broad list of property, superannuation, accounts and debts;
- any existing agreements, applications, orders or correspondence; and
- the outcomes or immediate decisions you want to discuss.
Do not access records unlawfully or put yourself at risk to obtain documents. Your lawyer can explain what information is needed and how it should be obtained.
important things you should know
Information about Separation
Should I speak to a lawyer before separating from my spouse?
It is always a good idea to speak with a lawyer before separation so that you can understand what to expect during the process and make informed decisions about your children and assets.
Where property is concerned, our lawyers can give you an insight into your options for achieving a final property settlement with your former partner and how such a settlement might be finalised. We can also offer you more practical advice such as how to ensure that you have access to funds after separation, what to do with any joint bank accounts and how to divide personal belongings.
Where children are concerned, our lawyers can help you to consider the options for which parent your children will live with and how much time they will spend with the other parent. We can assist you to negotiate parenting arrangements with your former partner and advise you on the best possible way to finalise the agreement.
As well as providing legal advice about your rights and obligations, our lawyers can also refer you to separation counselling or mediation services for further emotional support during separation.
Do I need to register my separation?
A separation is not formally registered until a divorce is granted by the Federal Circuit Court of Australia. You do not necessarily need to get divorced after separation unless you have re-partnered and wish to remarry.
It is important to keep in mind however, that staying married to your former partner can affect your legal rights and obligations in relation to financial matters, Wills and estates. Our lawyers at can advise you on whether you should seek a divorce from your former partner, assist you throughout the application process and represent you at your divorce hearing if required.
Do I need to leave the family home when I separate?
Typically when partners separate, one party will leave the former matrimonial home voluntarily. It is not uncommon, however, for both parties to temporarily remain living together while they make decisions about their financial relationship and parenting arrangements. This is known as being ‘separated but living under one roof’.
It is important to understand that both parties are legally entitled to remain in the former matrimonial home post-separation even though this may not be viable.
If your former partner is refusing to move out of the home, then unless there are safety concerns, you cannot simply force them out. It may become necessary in these circumstances to obtain a court order for exclusive occupancy that would exclude your former partner from the property. We can advise you on how to seek an order for exclusive occupancy or alternative options for excluding your former partner from the home where family violence has occurred.
When can I sort out property and parenting issues?
There is no easy legal definition of separation. Separation looks different for every couple, and can even look different to each person in the relationship. It is not uncommon for a couple in family law proceedings to disagree about when they separated. Separation occurs when at least one person in the relationship believes the relationship is over, and the other person is aware of that, even if they do not agree. Some couples may separate and reconcile many times before finally separating. You can be separated and still living in the same home (known as separated under one roof), depending on your circumstances. A lawyer can help establish if you are separated, and when it occurred.
Do I have to leave the home when I have separated?
Unless you have been served with a court order telling you to leave the home, you generally will not need to leave the home, even after separation. Some couples remain separated under one roof for months or years before someone leaves the home. What is best for you will depend on your circumstances, and you should seek legal advice before leaving home. If you have been served with an order that tells you to leave the home – whether it is an Intervention Order, Family Law Act Order or other order – then you should abide by that order and seek urgent legal advice. This is true even if your name is on the title or lease and your partner’s is not.
Do I have to get a lawyer after I have separated?
You do not have to get a lawyer after you have separated, however, we strongly advise you seek legal advice as soon as you become aware that the relationship has ended. Your partner may have been seeking legal advice for several months prior to the separation and may be ready to lodge an application in the court very shortly. The longer your lawyer has to prepare, the better your case will be. There are many things that you may need advice on after separation, including divorce, intervention orders, access to children, property separation, and wills. For example, many people do not know that even after separation, your ex-partner may make a claim on your estate if you pass away. They may also begin Family Court proceedings in several years’ time to seek a share of your property in the future. It is always better to seek advice now so that we can advise you of any risks, and help protect you against them if necessary.
plan of action
Discuss Your Separation
If you are considering separation or already dealing with its consequences, a focused conversation can help you identify the next decisions. Aston Legal Group offers a free consultation across its family-law services.
Seek prompt advice if there are safety concerns, proposed changes involving children, significant financial decisions, court documents or a legal time limit.
Discuss your legal issue with us
Call us now to have a brief discussion about your matter and find out what assistance we can provide.
Come into our office to allow us to obtain more detail about your case and provide you with your legal options.
Once you have a clear and informed view, let us get started to achieving a resolution to your matter.