Separation

Take control of your life today with support from one of the top Family Lawyers Newcastle has to offer.

Who Gets to Stay in the Family Home After Separation?

Technically, the person who is legally entitled to the home is the home owner or the tenant on the Residential Tenancy Agreement. If both parties are jointly entitled to the home, then both parties are legally entitled to stay in the property after separation.

Both parties may then choose to live in the property together and be “separated under the one roof”. However, this arrangement can be difficult and stressful, so one person will generally live in the home alone, by agreement or by obtaining a Court order for exclusive occupation of the home.

Who Pays for What Expenses After Separation?

Legally each person has to continue to pay the debts in their name (including one-half of joint debts) until there is agreement or Court Order changing this. It is, however, not uncommon for one party to refuse pay their half of joint debts to put pressure on the other party to pay them, or risk default.

If you are unable to meet your reasonable needs, you should seek advice in relation to making an Application for Spousal Maintenance.

If there is any dispute about Child Support, an application should be made to the Child Support Agency for an assessment of Child Support required to be paid by one parent to the other.

How Long Do I Need to Wait to Apply For:

Divorce – 12 months and one day after separation.
Parenting Orders – immediately after separation, though keep in mind that unless you are exempt, there is an obligation on parents to attempt to participate in Mediation prior to bringing an application to the Court.
Property Division – immediately after separation.
Spousal Maintenance – immediately after separation.
Child Support and Centrelink – immediately after separation.

How We Help

We listen carefully to you and what you want to achieve and act quickly to protect your position.

We can help you lock in parenting arrangements at an early stage, secure your finances and help you access all financial entitlements early on. We use clever strategies to give you an edge to achieve what you want in your own way.

How We Charge

We offer flexible fee structures and payment arrangements for our clients including:

A once-off fixed fee initial consultation to get you started in Family Law,
Hourly rates or negotiated fixed fees for each stage of your matter.

Our Family Lawyers will discuss our fees and charges with you and will provide an estimate of the fees and charges likely to arise in your matter.

More Information

Family Law

Separation

Child Support

Divorce

Family Business

Mediation

Separation Planning

Spousal
Maintenance

Parenting Arrangements

Property
Division

Recovery of
Children

Relocation of
Children

Family Law

Separation

Child Support

Divorce

Family Business

Mediation

Separation Planning

Spousal
Maintenance

Parenting Arrangements

Property
Division

Recovery of
Children

Relocation of
Children

Family Law

Separation

Child Support

Divorce

Family Business

Mediation

Separation Planning

Spousal
Maintenance

Parenting Arrangements

Property Division

Recovery of
Children

Relocation of
Children

Fixed Fee Divorce

Whether it is a sole or joint application our expert Divorce Lawyers will provide you with advice in relation to your divorce application and help you navigate any difficult issues which may arise throughout the whole process.

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Fixed Fee Consent Orders for Parenting Arrangements

We can prepare the legally-binding documents required to finalise your parenting arrangements following separation.

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Fixed Fee Consent Orders for Property Division

We can prepare the legally-binding documents required to finalise your property division following separation.

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Fixed Fee Consent Orders for Property Division & Parenting Arrangements

We can prepare the legally-binding documents required to finalise your property division and parenting arrangements following separation.

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Fixed Fee Binding Financial Agreement Certificate

We can provide a Certificate of Independent Legal Advice for a Binding Financial Agreement which is agreed after separation (N.B. This does not include Pre-Nups).

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Anna Roberts

Director, Solicitor & Family Dispute Resolution Practitioner

Linsey Wilson

Principal Solicitor,
Accredited Specialist (Family Law)

Linda Hackney

Special Counsel

Fiona Johnson

Senior Associate Solicitor,
Accredited Specialist (Family Law)

Monique Allan

Associate Solicitor

Jade Coshaw

Associate Solicitor

Clare McAteer

Associate Solicitor

Daniel Alderson

Solicitor

Family Law Smart Start Guide

Marriage or relationship breakdown is one of the most stressful life events that you will encounter.

Getting through it and successfully moving on will depend on many things, including the ability and experience of your Family Lawyer.

Experience the empowerment of knowing where you stand at an early stage by downloading our guide and making a Smart Start Appointment with one of our dedicated Family Lawyers.

Advanced Estate Planning Guide

Over the last 10 years or so there has evolved an increasing responsibility for Solicitors and other advisors to ensure that clients are aware of the legal solutions available to protect their Estates (current and future assets) and give effect to their Estate Planning intentions.

Notwithstanding, many Solicitors and other advisors continue to adopt a basic approach to Estate Planning only and do not offer any service to address Advanced Estate Planning considerations and solutions.

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Separation

Who Gets to Stay in the Family Home After Separation?

Who Pays for What Expenses After Separation?

How Long Do I Need to Wait to Apply For:

How We Help

How We Charge

More Information

Family Law

Separation

Child Support

Divorce

Family Business

Mediation

Separation Planning

SpousalMaintenance

Parenting Arrangements

Property Division

Recovery ofChildren

Relocation ofChildren

Family Law

Separation

Child Support

Divorce

Family Business

Mediation

Separation Planning

SpousalMaintenance

Parenting Arrangements

Property Division

Recovery ofChildren

Relocation ofChildren

Family Law

Separation

Child Support

Divorce

Family Business

Mediation

Separation Planning

SpousalMaintenance

Parenting Arrangements

Property Division

Recovery ofChildren

Relocation ofChildren

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