Separation DateWe know that after a separation most people want to finalise matters amicably and quickly. Separation is usually an emotional time for couples, not just the ones who are separating but also any children in their relationship. Our family lawyers represent your interests with both sensitivity toward what you’re going through as well as firmness where necessary on legal issues related specifically towards family law issues like parenting arrangements and property division.
If you are thinking about separation, it can help to get the right advice early on. 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. As well as providing legal advice about your rights and obligations, our lawyers at Mornington Family Lawyers can also refer you to separation counselling or mediation services for further emotional support during separation. Our family lawyers can quickly arrange a conference (either by telephone, zoom or face to face) to begin discussing the steps that you need to take to resolve the issues arising as a result of separation as well as confirming the date of your separation.
You deserve to know your legal rights and responsibilities. We will guide you through the process every step of way, ensuring that not only are all potential outcomes discussed but also advice where it is relevant for your unique circumstances. You can rely on our expert family lawyers at Mornington Family Lawyers for a wide range of legal services. We offer sound advice and practical solutions tailored to your needs, whether you’re dealing with simple or more complex cases. We have experience in all family law matters and have helped many clients resolve their matters.
To get help resolving your matter, call us on 8391 8411 or complete our contact form for an obligation free discussion.
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. Our lawyers 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.
Our lawyers can help you negotiate property and parenting issues with your former partner at any stage of your separation. You do not have to wait for your divorce to be finalised before you seek to resolve your property and parenting issues with your former spouse, either through negotiation and mediation or through the Court. If there is a dispute about parenting, then before you or your former partner can commence court proceedings, there is a requirement that you make a genuine effort to resolve the dispute through Family Dispute Resolution first. It is important to remember, however, that certain time limits do apply for instituting family law proceedings for property and parenting matters in the Family Court and Federal Circuit Court (save for exceptional circumstances where the time limits may be extended).Once your divorce is finalised, there is a 12-month time limit in which you can commence proceedings for a property settlement or parenting arrangements in the Family Court or Federal Circuit Court. Separated de facto couples have two years from the date of their separation to commence such proceedings. In either case, our lawyers can assist you to sort out your property and parenting issues outside of court or to commence court proceedings if necessary.