Separation

About the service

It is never an easy decision to separate and the process can be made more difficult when it occurs on bad terms. In order to help you through this time, our team at Vic Rajah Family and Estate Lawyers can guide you through separation in a compassionate and transparent manner.

The concept of separating, for family law purposes, means the ending of a marriage or a de facto relationship.

The decision to separate is pivotal and prior to separating, many individuals choose to get some preliminary legal advice about their rights and entitlements when this occurs. The team at Vic Rajah Family and Estate Lawyers can provide this advice. It is not necessary to obtain the consent of the other party when making the decision to separate. It is, however, important to communicate the decision to separate to the other party and to act on that intention, for example moving out of the same home, dividing finances and home duties and advising third parties of the changed living arrangements.

It is possible for parties to separate yet still live under the one roof. This particular course may be necessary whilst arrangements are being made for the care and welfare of the children of the de facto relationship or marriage and to work out property division. Separation must take place if a party is seeking child support or spousal maintenance from the other.

Separated parties should alter their Wills to ensure that their Estates are administered in a manner which reflects their wishes and should also change superannuation Death Benefit nominees as these are often made in favour of a spouse or partner.