When has Separation Occurred?
“Separation” occurs when you or your former spouse consider that the relationship is over, without prospects of reconciliation. The law can even consider that separation has occurred whilst you and your former spouse still live “under the same roof”, provided that certain criteria are fulfilled.
There is no minimum period of time you must wait for “separation” to have occurred. You can commence arranging financial or parenting matters straight away, or make a Court application for a property settlement.
Some of the things you need to consider are:
- where your children live and who will take care of them
- how you and your former partner will support yourselves and your children
- what, how and when you will tell the children, other family members and friends
- who will pay outstanding bills or debts
- who will stay in the house
- how will the rent or mortgage be paid
- what will happen to any joint bank, building society or credit union accounts
- what will happen to the house, car, furniture and other property.
If you are considering separation or have separated, you should seek legal advice. We at TBA Law can help you understand your legal rights and responsibilities, and explain how the law applies to your case. We can also explain and help you reach an agreement with your former partner without going to court.