The concept of separation for family law purposes means the ending of a marriage or a de facto relationship.

The decision to separate is pivotal and prior to separating, many individuals choose to get some preliminary legal advice about their rights and entitlements when separation is effected. The team at Calley Rajah Family Lawyers are able to provide this advice.

It is not necessary to obtain the consent of the other party when making the decision to separate. It is however important to communicate the decision to separate to the other party and to act on that intention (ie. moving out of the same home, separating finances and home duties and advising third parties).

It is possible for parties to separate yet still live under the one roof.
Separation is an essential element in allowing arrangements to be made for the care and welfare of the children of the de facto relationship or marriage and to effect a property settlement. Separation must also be effected if a party is seeking child support or spousal maintenance from the other.

In order to apply for a divorce it is necessary for married couples to be separated for a period of at least 12 months.