Divorce and Separation

Separation is the moment when an official or de facto marriage ends.

Sometimes, people disagree with the date of separation. Usually this will not affect the divorce, but the date of separation may affect how property is divided.

If there is a dispute over the date of separation and a court decision is required, the court will consider a number of factors such as:

– When and how the two parties discussed the topic of the relationship ending
– When both parties tell others, including children, that the relationship is over
– When both parties separate financial accounts
– When did both parties stop having sex
– When did the parties start living in different bedrooms or houses

No single factor can determine separation.

Yes, the law recognizes that couples can be considered separated even if they are still living in the same house. It is not uncommon for both parties to continue living in the same house for a period of time after separation until one of the partners is able to move elsewhere.

When you move out, you should take your personal items, such as clothing, with you. Whether it is appropriate to remove other items depends on your individual circumstances. It's best to try to come to an agreement with the other party about taking other items, but sometimes this may not be possible.

We recommend that you consult with one of our family lawyers wherever possible before moving out so we can give you appropriate advice for your situation.

 It depends on your specific situation. It may be more appropriate for the other party to pay the entire mortgage, or for you to split the mortgage installments.

Our family lawyers will be able to give you advice tailored to your situation.

We recommend that you consult with one of our family lawyers early in the separation process, or as soon as possible before you separate so that you can receive timely legal advice.

Things can get complicated when both parties want to stay in the same house after separation. This question depends on the specific situation of each individual.

If you are faced with this situation, we recommend that you make an appointment with one of our family lawyers as soon as possible so we can discuss your options and advise you on legal strategies for navigating the situation.

If you are in immediate danger, call the police immediately.

Our family lawyers can also discuss with you how to obtain an intervention order.

The amount of child support can be agreed between the parties, or determined by the Child Support Agency. This agency can provide an assessment of the child support you need to pay or receive.

This assessment will be based on your income, the income of the other parent, the amount of time the children spend with each of your parents, and the ages of the children.

To calculate child support, click here to access the child support agency's estimator tool.

Yes. Consulting with a lawyer before you separate can give you more options. If you do separate, knowing your rights and the advice you deserve early on can make things less complicated. Our family lawyers will support you through the separation process and can refer you to other professionals to help you.

There are a number of ways you can try to come to an agreement with your partner on family law matters. Our family attorneys can help you choose the method that best suits your specific situation.

The most common methods include direct discussions with the partner, mediation, lawyer-assisted negotiations, collaborative law, arbitration, and litigation (family court proceedings). Sometimes a combination of these methods works best.

Whichever method you choose, our family lawyers can guide you through the negotiation process and provide you with support, resources, information and advice about your legal rights and entitlements.