Many people are not clear about the meaning of separation for the purposes of family law. What does it mean to be separated for the purposes of family law? It is important to know and understand that there are different types of separation. Firstly, there is separation under one roof. This occurs where spouses or de facto partners are separated and are no longer in a relationship together but still remain living under the same roof. There is also separation where the spouses or the de facto partners are no longer living together in the same residence.
The date of separation is very important in a client’s family law matter, particularly in property settlements. Have you kept a written record of the date of separation? Have you communicated clearly to your estranged spouse/de facto partner that you are separated? These are all things that you should know and be aware of if your relationship breaks down and you then need to finalise your property settlement and to also finalise your divorce if you are married.
For detailed legal advice about separation, your property settlement or any other family law issue, please call our team to speak to a family lawyer with expertise. We offer a no-obligation first conference, which you may find to be a useful starting point.