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.
- 01
Initial consultation
We hear what has happened, explain how property and parenting are decided, and set out your realistic options.
- 02
Immediate steps
Anything urgent, such as securing accounts, safety, interim care of the children, Centrelink and child support.
- 03
Advice on your position
We explain where you stand, the likely range of outcomes and the recommended next step.
- 04
Disclosure and negotiation
Financial information exchanged and a proposal put, usually through correspondence or mediation.
- 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.
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?
Should I move out of the house?
Can we be separated while living together?
What are the time limits?
Should I stop paying the mortgage or joint bills?
Do I need to update my will?
Related services.
Property settlements
A fair division of assets, superannuation and debts, documented so it is final.
Learn moreConsent orders
Your agreement formalised through the court so it is final and enforceable.
Learn moreChildren's arrangements
Parenting plans and orders focused on stability for the children.
Learn moreGet 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.