Expertise
Separation
Kells specialises in all areas of family law including divorce, separation, child custody, child support, property and financial agreements and settlements.
Conveniently located throughout Sydney and across the Illawarra region, our team offers the highest level of service, whilst remaining affordable and easy to talk to.
Nothing is more important to our team than upholding your rights and best interests throughout your legal process.
Our separation lawyers understand the profound importance of any legal issue concerning your case. We will help you set the right goals from the beginning of your case and then construct a strategy to reach these goals.
We understand that separations are never easy. They’re often physically, mentally and emotionally draining. That’s why our separation lawyers have a personalised and compassionate approach when it comes to helping you through the separation process. We can help you plan the best course for your case. We will discuss your goals and contingencies and will come up with the right path for you.
Frequently Asked Questions
The term separation in family law matters means the decision to end a relationship. A separation does not need to be a mutual decision and can be determined by one party.
Sometimes people will determine the date of separation as the date that one or both parties to the relationship move out of the home that they were living in prior to separation. However, this is not always the case. In some circumstances, parties will separate and continue to live separately under the same roof for various reasons including access to financial resources and/or inability to rehouse and/or parenting arrangements.
Where it is unclear what date two people have separated (for instance where there is no evidence of separation by way of SMS message, email, or relocation by a party from a residence) the court may be required to determine the date of separation. Some of the factors that would be considered by the Court include the following:
Generally the date of separation of a couple is relevant to property matters and Applications for Divorce.
In property settlement matters, the date of separation may determine whether a party is able to initiate property settlement proceedings, as for de facto couples, they must be commenced within 2 years from separation. Furthermore, the way the court examines the contributions made by each party differs depending on the date of separation.
To apply for a divorce, the court needs to confirm that the parties have been separated for at least 12 months before filing their Application.
Call our separation lawyers today to discuss your case.
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