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Separation occurs when one person communicates to the other that the relationship is at an end and there is no prospect of reconciliation and they act on that communication. Couples can still be separated even though they maintain the same residence under the one roof.

Separation itself involves no legal process, but there are several significant consequences that flow from the date of separation. Seeking advice prior to, or immediately following, separation is recommended to ensure you protect yourself in navigating your way through property settlement, parenting arrangements and divorce (where applicable).

Divorce is the legal end of a marriage. While some people may be separated for years without actually getting a divorce, it is important to understand that your marital status can affect your legal rights and responsibilities.

Australia has “no-fault” divorce laws. The only grounds for divorce are that you have been separated for 12 months and the marriage has irretrievably broken down with no likelihood of reconciliation.

You can solely apply for a divorce, or jointly with your former spouse. To take the stress out of it and ensure it is done properly, we can advise you on the best approach, draft the documents and represent you in court, if required.


Vicki Jackson Consultant
Peter Zufic Senior Lawyer
Luke Collins Senior Lawyer

Extensive Experience

Our professional team has extensive experience in a wide range of legal areas. Our approach is one of planning and involvement. We will continue to be there to support you with accurate and timely advice.