Call Us:
8197 0105
MAIN MENU

What’s makes Streeterlaw Sydney lawyers unique?

The most important thing you should know about your team of lawyers and legal staff is that we care.

Back to FAQs

How do I formalise separation?

Separation is primarily a question of the facts and secondarily a question of law. When you conduct yourself in a way that demonstrates to the other party as well as to the rest of the world that you are no longer in a spousal relationship (eg. husband and wife) with the other party – then you are separated.

Separation is a ‘legal’ conclusion which is determined by considering the facts and evidence. This may mean that you move out of the matrimonial home.  It is, however, possible to separate “under the same roof” pending final division of the assets and property of the marriage.  

Download your Free Divorce & Separation Advice ebook Parting Ways: Divorce and Separation: A Guide To Your Rights & Responsibilities

Found this article useful? Feel free to share it!

Frequently Asked Questions

General

How much will legal fees cost me?

Family Law FAQs

Top tips for successful maintenance claims
What is Collaborative Law?
Why do I need Orders or a Financial Agreement for property settlement?
We are still on good terms, why do I need a lawyer?
What can and can’t a Financial Agreement deal with?
When can I make a Financial Agreement?
How can I protect my assets against a claim from my partner?
What rights do same-sex couples have when the relationship ends?
Can we make our own child support arrangements?
Can I challenge a Child Support Assessment?
How much child support will I receive/have to pay?
My ex-partner threatens to take my child and return overseas, what can I do?
Can I take the children and move interstate or overseas?
How will a Court decide custody disputes?
How do I get custody of the children?
Do I need to attend court?
Is divorce different from property settlement?
Can I apply for a divorce online?
Do I need a lawyer for a divorce?
When can I apply for a divorce?
Will there be a jury if my divorce or child custody case goes to trial?
Why should I have a written agreement about child custody?
Why is Family Law litigation so expensive?
Why do I have to give all my financial documents to my ex-partner?
When can child custody be filed for or decided?
What types of Prenuptial Agreements are there?
What should I take when separating?
What is the effect of separation and divorce on my will?
What is the difference between the Federal Magistrates Court and the Family Court of Australia?
What is the definition of marital property?
What is family violence or domestic violence?
What is an irretrievable marriage breakdown?
What is an ex parte order? Can I get a temporary custody order?
What impact does divorce have on my unresolved children or property claims?
Shared parental responsibility: what is it and is it possible to get “sole parental responsibility”?
Prenuptial Agreement. Do I need one? Why? How?
Once child custody issues are agreed upon or ordered, can they be modified?
My ex-spouse threatens to take the children to live interstate or overseas. What can I do?
Is child custody impacted by dating?
In Family Law, how does the death of one of the parties affect an unresolved property division following separation?
In divorce what steps do Australian courts take when dividing property?
In divorce what factors are considered by a judge when dividing property?
In a divorce or separation, can I obtain injunctive or urgent orders to protect property or a business?
In a divorce how do I work out the value of property? What date do we work with?
If we cannot agree on a child custody arrangement, how will a judge decide?
If I win my case in the Family Law Court will my ex-spouse be ordered to pay me my legal costs?
If I am divorced, can I still apply to have property adjusted by the Court?
If child support is not paid, can a parent refuse to allow visitation?
I earn more money so do I get more for contributions?
I am separated do I have to get a divorce?
How long will it take for the Court to make orders?
How do I prepare myself to go to court?
How do I formalise separation?
Grandparents rights – can they see their grandchildren?
Free ebook Separation and Divorce Advice
Does the mother get preference in disputes of child custody?
Do grandparents have rights to see their grandchildren under the Family Law system in Australia?
Child custody: Will my child have to speak in court?
Child custody: Who will get custody of our children?
Can the Court refuse a parent unsupervised time with their child?
Can superannuation be divided in an Australian divorce?
Can my ex-partner get my superannuation?
Can I keep the assets I brought into the marriage?
Can couples live apart but still be considered de facto partners?
Can children decide who they will live with after divorce?
Can a parent’s rights to child custody be given to other relatives or other people?
Can a parent change a child’s name without the other parent’s permission?
After divorce who do the children live with? Can I get joint custody?
Can I date while going through a divorce?
How long does a divorce take?
How much does a divorce cost?

Commercial Dispute Resolution FAQs

What is Voluntary Company Liquidation?
What is Voluntary Administration?
What is insolvent trading?
What is a Statutory Demand?
What is a Letter of Demand 222AOE Notice?
What are Commercial Litigation Lawyers?
Insider trading definition
What is fraud?

Debt Recovery FAQs

Statutory Demand – Common Mistakes To Avoid
Bankrupt – what can and can’t you do?
What is the difference between bankruptcy and insolvency?
When is legal action with debt recovery worth the expense?
When should I take legal action with overdue accounts?

Disputed Guardianship and Wills FAQs

Who should I appoint as executor of my will?
What is probate?
Are legal will kits OK?
Does a legal will need to be witnessed?
Can a legal will be handwritten?
What happens if you die without a will?
How do you finalise your ‘digital’ death?

Family Law Articles

Commercial Litigation Articles

Streeterlaw

top
Ask a Question 1 Ask a Question1
Newsletter Sign-up Newsletter Sign-up
Contact Us Contact Us
 
top
Ask a Question Ask a Question
Newsletter Sign-up Newsletter Sign-up
Contact Us Contact Us
 

Need help with resolving or preventing a dispute?

Request a call with one of our experienced solicitors now!

* Required