Separation
Taking the First Step After Separation
Making the decision to separate, or finding yourself in that position, is one of the hardest things you’ll go through. You’re facing uncertainty about finances, living arrangements, and your children. It’s normal to feel overwhelmed.
Our job is to give you a clear, calm path forward. We provide practical advice to protect your interests and help you regain control from day one.
- A Calm, Reassuring Approach: Compassionate listening and practical, stress-free advice.
- Focus on Out-of-Court Solutions: Prioritise negotiation and mediation to save time, money, and emotional strain.
- Clear Advice on Complex Finances: Guidance on property settlements, trusts, superannuation, and businesses.
- Child-Focused Parenting Plans: Practical, stable parenting arrangements that prioritize the wellbeing of your children.
What You Need to Sort Out When You Separate
- Parenting & Child Custody: Establish clear arrangements, living arrangements, and time-sharing schedules to provide stability and minimise conflict.
- Property & Financial Settlement: Division of all assets and debts (house, superannuation, investments, cars, businesses) to achieve a fair and equitable outcome.
- The Path to Divorce: Separation and divorce are different. You must be separated for 12 months before applying for divorce, but parenting and property matters can be finalised earlier.
How It Works: Our Separation Process
- Free Confidential Consult: 30-minute, no-obligation chat to explain rights and next steps in plain English.
- Strategic Advice & Planning: Roadmap for finances, parenting, and negotiation strategy.
- Negotiation & Mediation: Engage with former partner or their lawyer to reach durable, out-of-court agreements.
- Formalising Your Agreement: Draft Consent Orders or Binding Financial Agreements to make settlements legally binding.
- Court (Only If Necessary): Experienced litigation in Federal Circuit and Family Court to protect your interests if agreement cannot be reached.
Pricing & Transparency
Clear cost estimates provided from day one. Every separation is different, but you are always kept informed. First 30-minute consultation is free and confidential.
Common Situations We Handle
- Initial advice before taking steps to separate.
- Property settlement negotiations for de facto relationships.
- Creating parenting plans focused on children’s needs.
- Urgent advice on living arrangements after separation.
- Separating finances, including bank accounts, superannuation, and businesses.
- Clarifying rights when one partner earned all income and the other was a homemaker.
Meet Our Team
Our family law team provides compassionate, practical guidance. We live and work in the Warrnambool, South Morang, and Melbourne communities and are dedicated to fair, sensible resolutions.
Service Areas & Contact
From our offices in Warrnambool and South Morang, we provide clear separation advice to clients across Melbourne and regional Victoria.
Call us on (03) 9422 5439 for South Morang or (03) 5562 9196 for Warrnambool, or Book your free 30-minute case assessment online.
FAQs: Separation in Victoria
Do I need a “legal separation” in Australia?
No formal process exists. You are considered separated once one or both partners decide the relationship is over and begin living ‘separately’, even under the same roof.
What is the first thing I should do if I am separating?
Obtain clear, confidential legal advice before moving out, agreeing to anything, or making financial decisions. Book a free chat with us.
Who gets to stay in the house after separation?
No automatic right exists. This depends on children’s needs and finances. Seek immediate legal advice before anyone moves out.
What is a “de facto separation” in Victoria?
Living together as a couple without marriage. De facto couples usually have rights to property settlement similar to married couples after at least 2 years together or if they have a child.
Do we have to go to court?
Not necessarily. The law requires Family Dispute Resolution (mediation) before applying for court for parenting matters. Most cases settle out of court.