Separation in New South Wales (NSW)

In NSW, separation is the first step in the legal process of ending a marriage or de facto relationship. The key aspects of separation in NSW include:

1. Separation under one roof: Couples can be considered separated even if they continue to live in the same residence, as long as they have ended their marriage-like relationship.
2. No-fault divorce: Australia has a no-fault divorce system, meaning that neither party needs to prove fault or misconduct for the separation to be recognized.
3. Separation period: For a divorce to be granted, the couple must have been separated for at least 12 months before applying.
4. Parenting arrangements: During separation, couples must make arrangements for the care and living arrangements of any children involved, either through a parenting plan or court orders.
5. Property settlement: Separating couples may need to divide their assets and liabilities, either through a binding financial agreement or court orders.
6. Spousal maintenance: In certain circumstances, one spouse may be entitled to receive financial support from the other during or after the separation.

It’s crucial to seek legal advice and representation from experienced family lawyers to navigate the separation process effectively and protect your rights and interests. Proper documentation and adherence to legal requirements are essential to avoid potential complications or disputes.