Family law

Separation advice in Victoria.

The first few weeks after separating set the tone for everything that follows. CMK Legal in Richmond can assist with the practical questions early on, covering the house, the bank accounts, the children and the paperwork, so the decisions you make now help rather than hurt your position, and keep matters heading towards agreement rather than court.

Advice from a lawyer

You speak with the lawyer handling your matter, not a call centre.

Realistic timeframes

Initial advice within days, sooner where the children or safety are involved.

Costs explained up front

Fixed fee first consultation, with your options explained clearly.

Family Law Act & Victorian courts

Family Law Act 1975, Victorian courts and local practice.

What separation advice covers.

Separation in Australia is a factual question, not a legal process. You do not file anything to separate. What matters is the date you stopped living together as a couple, because that date starts the clock on de facto property claims, on the twelve months you must be separated before applying for divorce, and on how the asset pool is assessed.

The practical questions come first. Who stays in the house. Who pays the mortgage and the school fees in the meantime. Whether joint accounts and redraw facilities should be secured. What happens to the children during the week. Whether Centrelink, child support or a family violence issue needs attention immediately.

Getting these settled sensibly and early does two things. It reduces conflict while emotions are highest, and it avoids the handful of steps, such as emptying an offset account, changing the locks, or unilaterally moving children interstate, that turn a matter capable of being negotiated into a litigated one.

You can be separated while still living under one roof. If that is your situation, keep a simple record of the change in the relationship, such as separate rooms, finances, and how you present socially, because you may need to prove it later for a divorce application.

How we help in the first weeks.

Understand the position before anything moves

Assets, liabilities, superannuation, entities and who controls what. Understanding the pool early helps stop months of arguing about the wrong things.

Protect what needs protecting

Securing joint accounts and redraw facilities, and preserving records, done properly rather than in a way that looks like asset control.

Settle interim arrangements for the children

A workable week to week routine now, without locking you into a long term pattern you did not intend to set.

Open the conversation constructively

A measured first approach, or a referral to mediation, usually achieves more than an aggressive one, and costs a fraction of what a defended proceeding does.

Talk to us if.

  • You have just separated and do not know what to do first
  • You are unsure whether to stay in the house or move out
  • Joint accounts, credit cards or a redraw facility worry you
  • Your partner has asked you to sign something
  • You need an interim arrangement for the children this week
  • You are separated but still living under the same roof
  • You are worried about safety for you or the children
  • You want to understand where you stand before negotiating

Bring a rough list of assets, debts and superannuation to the first meeting. Even approximate figures help us give you a realistic picture on the day.

How the first stage runs.

  1. 01

    Initial consultation

    We hear what has happened, explain how property and parenting are decided, and set out your realistic options.

  2. 02

    Immediate steps

    Anything urgent, such as securing accounts, safety, interim care of the children, Centrelink and child support.

  3. 03

    Advice on your position

    We explain where you stand, the likely range of outcomes and the recommended next step.

  4. 04

    Disclosure and negotiation

    Financial information exchanged and a proposal put, usually through correspondence or mediation.

  5. 05

    Formalise the outcome

    Consent orders, a parenting plan or a binding financial agreement so the agreement is final.

Transparent fees.

The initial consultation is a fixed fee, quoted before we begin. If the matter continues, we explain the fees for each stage, such as negotiation, mediation or consent orders, so you know the cost of the next step before you take it. We will also tell you when further legal cost is not justified by what is in dispute.

Request a fixed-fee quote

FAQs

Separation advice FAQs.

Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.

Do I need to do anything formal to be separated?
No. Separation happens when one of you communicates and acts on a decision to end the relationship. There is no form to file. What matters is the date, because it starts time limits for de facto claims and the twelve month period before a divorce application.
Should I move out of the house?
Moving out does not give up your interest in the property, but it can affect interim arrangements for children and your day to day costs. Get advice before you decide, particularly if the children are living there.
Can we be separated while living together?
Yes. Separation under one roof is recognised, but if you later apply for divorce you will need evidence, such as separate sleeping arrangements, finances, household duties and how you presented to family and friends, usually supported by an affidavit from someone who knows you both.
What are the time limits?
Married couples must start property proceedings within twelve months of the divorce becoming final. De facto partners have two years from the date of separation. Applying outside those periods needs the court's permission, which is not guaranteed.
Should I stop paying the mortgage or joint bills?
No. Stopping payments usually damages both of you and can be treated as a waste of the asset pool. If you cannot afford the payments, tell us early so an interim arrangement can be negotiated or spousal maintenance considered.
Do I need to update my will?
Yes, and quickly. Separation does not revoke a will in Victoria, and it does not change a binding superannuation nomination or a jointly held property, so a former partner can stay a beneficiary until you act. A later divorce is different again, because it revokes gifts to a former spouse and their appointment as executor unless the will says otherwise. It is also worth considering whether to sever a joint tenancy so your share passes under your will. Updating your will, nominations and attorneys after separating is one of the first things we recommend.

Get clear advice in the first week.

Tell us what has happened and what you need to work out. Start online in a few minutes, or book a consultation and speak to a family lawyer the same business day.