The Definition of Separation

Separation takes place when a married or de facto couple begin to lead separate lives - domestically, socially, sexually and financially. This usually takes place when one or the other party moves out of the family home, but can also take place in the same house. There is no such thing as a formal legal separation. It is principally a matter of one or both parties deciding to be apart.

In a Family Law separation, there is no such thing as ‘fault'. The only relevant issue is whether the relationship is over or not.

Upon separation, many matters need to be considered, including the following:

• Arrangements for the care of children
• Protecting joint assets
• Responsibilities for joint liabilities
• A fair division of the assets and liabilities
• Interim financial support
• The making of a new Will