Family Law Separation Planning

Make your best start in the separation process by getting ahead of important decisions early on, in the right frame of mind and armed with expert advice.

Separating from an intimate partner is a decision that has far-reaching consequences. Get expert legal advice to understand your rights and obligations and how best to set yourself up so your separation goes as smoothly as possible.

Navigating a relationship breakdown is difficult and making sure you take all the right steps at the right time can seem impossible.

Our Mission is to secure the best future for every client and their family. We are experts in helping you before, during or after separation to:

  • Understand your rights and the path forward
  • Protect and fight for your entitlements
  • Get the best outcome possible
  • Plan for your fresh start

Your Separation is Unique

While many people couple and uncouple, your personal experience may be similar to other people who have separated but will be unique to your circumstances. Therefore, rather than being distracted by advice from well-meaning family and friends based on their personal experience, it is essential to the that you get comprehensive legal advice from a Specialist Family Lawyer as soon as possible.

Separation Checklist

Separation is a stressful and uncertain time.

At Delaney Roberts Family Lawyers, we believe that being proactive and seeking legal advice prior to separating can be the key to ensuring that your separation runs as smoothly as possible.

After years of assisting clients through separation we have compiled a checklist of essential actions to consider when navigating the process.

Making a Smart Start

After years of working with people experiencing separation, we know how important it is to start the separation process in a strong, informed and clear-minded place – we call this making a Smart Start.

To make sure you make a Smart Start, we have developed our Smart Start Appointment – the clearest, fastest and smartest start to your separation journey.

A Smart Start Appointment is:

  • A one-on-one appointment with a Specialist Family Lawyer who is an expert in dealing with legal separation and has helped many people just like you,
  • Where you will get on-the-spot specialist Family Law advice tailored to your circumstances,
  • Completely confidential,
  • 90-minute duration,
  • Once-off Fixed Fee of only $350, and
  • No obligation.

Our Smart Start Appointment is a unique solution developed after more than a decade of helping people find clarity and direction in relation to the breakdown of an important relationship. We understand that this significant life transition, and its possible consequences, are stressful and the need to make important decisions during this time can be overwhelming.

Feel the empowerment
of knowing where you
stand at an early stage.

Fixed Fee Smart Start Appointment

Your Smart Start Family Lawyer will answer all your questions, explain the law and legal processes, provide on-the-spot tailored advice and help you develop a plan for moving forward.

$350 incl. GST 90-Minute Consultation
Issues arising after separation are incredibly time sensitive. It is crucial that you get early legal advice and act quickly when you need to. Letting things drag on can be to your detriment. You might be prevented from making a claim on the relationship property, limit your chances of getting time with your child or find that you can’t access the home or funds in joint bank accounts.

Overview of Australian Family Law

There are six (6) main areas that are dealt with by Australian laws in relation to relationship breakdown. These are:

  1. Separation and Divorce,
  2. Parenting,
  3. Property Division,
  4. Spousal Maintenance,
  5. Child Support, and
  6. Wills and Estate Planning.

Your Family Lawyer will help you to understand which of these areas is relevant to your circumstances.

Family Law Smart Start Guide

Make your start in Family Law a Smart Start.

Smart Start Appointment eGuide

The smartest way to start your separation journey.

100+ 5 Star Google Reviews

Dom Edmond

I would highly recommend their services to anyone needing to navigate the family law process.

A big thank you to Monique Allan and all of the team at Delaney Roberts for all of their efforts to provide us with expert help and advice in a very difficult time. Monique is extremely dedicated and put in significant effort to lead us through the legal framework in order to achieve the best possible results.

Maddie Allan

When I had my appointment at Delaney Roberts, I wasn’t sure what to expect from it, but Jade knew what I needed.

Which was reassurance that I was doing the right thing and heading in the right direction. She listened and understood me and my worries and provided such great advice. I’m so thankful to have found her and now have her as my lawyer. She makes me feel confident we will be able to process and handle anything that arises in the future!

Suzy Tassini

Your professionalism, patience and understanding during my many enquiries was truly appreciated.

Thank you Eleni for your integrity, support and expertise while dealing with my matter. Many thanks also for your excellent work on my behalf. I always felt I was in good hands. I would not hesitate to recommend you to my family and friends.


From my perspective you are light years ahead of the competition. It is so good to see a professional with such great customer service, who can communicate in a calm clear manner, especially when I am and usually a bit emotional.

“You were actually referred to me by one of your previous clients. Just goes to show how strong word of mouth is, especially in this town. There are now more people running around Newcastle saying what a terrific job you do. Keep up the good work, I look forward to continuing to work with you on my matter.”


My sincere gratitude for getting this arranged with commensurate alacrity, it is thoroughly appreciated!.


Thank you very much for your advice and and support during the last 2 years. I am pleased to have settled the matter. It’s appreciated and I will highly recommend you.


A true champion of your profession.

“Thank you very much for all you have done for me. I had the best nights sleep I’ve had in 4 years last night. Once again thank you for your patience and attitude and commitment for a positive outcome.”


Clare, you are amazing you have just given our family the best Christmas present ever.

Johanna Lilford

Anna made me feel like I was in control.

“Anna talked me through to procedures required, organized all the paperwork involved and made me feel like I was in control. She knew exactly what had to be done and kept in touch through the entire process. I found her to be very understanding and professional during this rather difficult time in my life.”

Peter M

I recommend Jade Coshaw and Delaney Roberts to anyone I know that requires Family Law representation.

“Following the breakdown of my marriage I was recommended to Delaney Roberts so made an initial appointment. From the outset Jade has acted with the most sound judgment and unfaltering responsibility towards my case and this combined with her extensive knowledge of Family Law meant she was able to fully explain the different options available to me, providing both the pros and cons of each option, in an attempt to bring the matter to conclusion resulting in a solution that provides the best possible outcome for all those involved, most importantly my children.

Jade has kept me constantly informed throughout the proceedings, even contacting me out of her normal working hours on occasion, ensuring I was never in any doubt as to the progress of my matter.

In summary of Jade’s actions, she has been compassionate, understanding, patient and honest with me. She has been my advisor and confidant. Fighting my legal battles for me, shouldering all the stress and shielded me from harm. She has taken my peculiar circumstances and directed them in such a way, that the outcome can only be described as superior. All attributes that will ensure I will recommend Jade Coshaw’s name and the legal firm of Delaney Roberts to anybody I know that find themselves in a similar situation where they require family law representation. I see Jade as a true advocate and carer of those who are in need and believe her kindness will be rewarded.”

Kate Palmer

Clare was informative, responsive and attentive to my needs and always actioned what she said she would.

“After an average experience with a previous lawyer, I was humbled by Clare’s assistance in my Family Law matter. I would recommend Delaney Roberts.”

Geraldine Williams

I’m so appreciative of the support, guidance and legal advice Monique Allan has provided for my family law matter.

“Thank you Monique and Jill. Monique has worked with me through some stressful situations and I highly recommend her not only for her knowledge and expertise, but also for her calm and fair approach during a difficult time.”

Aaron Rogers

I have no hesitation in recommending Delaney Roberts and their excellent services. I dealt with Clare McAteer and found that she made complex issues easy to understand.

Brooke Harrison

I can’t recommend Clare and the Delaney Roberts team more! Thank you Clare, you are amazing!

“Clare was incredibly helpful and supportive during my consultation. Clare was able to see me at a moment notice to assist me with my difficult separation. Clare was professional, courteous and kind and definitely made me feel much more at ease regarding the process.”

David Berghofer

Couldn’t recommend Jade any higher so professional and has so much knowledge, she’s quick and to the point and so easy to deal with goes beyond to help you and work around your needs will definitely continue using Jade.

Piers L

Jade is a fantastic lawyer and very knowledgeable about family law.

Sophia & Justine

I am very grateful to have Clare support me during this time.

“I have recently had Clare McAteer assist me and my family with a matter, and I couldn’t speak higher of her amazing work and professionalism. She has been very understanding and caring of my matter, whilst working tirelessly with such a pressing timeline.”

Naomi McMilan

Clare’s knowledge is unrivalled, her bubbly personality reassured me from the start.

“It’s with a heavy heart I wrote this review because it means my journey with Clare and Bianca is over. I met the girls during a very difficult time in my life and they were the light helping me navigate through. Bianca was always available to answer any question no matter how random or silly it was. This dynamic duo are the people you want in your corner, they go above and beyond and surpassed my wildest expectations. I hope I never have to use their service again but if I do they’ll be the first people I call on. I love you girls so much, you’re become part of my tribe and you laugh at my jokes what more could someone ask for.”

We have more Accredited Specialists in Family Law than 99% of all law firms in NSW.

Frequently Asked Questions

What should I do if I am thinking of separating?

Make a note of the date of separation even if you and your partner remained living under the same roof following separation.

Both you and your partner will be required to make full and frank financial disclosure as part of any property settlement proceedings. Start a folder and collect you and your former partner’s recent Superannuation statements, bank account statements, tax returns, share certificates and other documents you think are relevant.

Make an appointment to see one of our Family Law Lawyers.

You may wish to contact Government Services such as the Family Relationship Advice Line.


Who gets to stay in the home after separation?

Technically, the person who is legally entitled to the home. This is the homeowner 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, “separated under the one (1) roof”. This arrangement is usually difficult and stressful, so one (1) person will generally live in the house alone, by agreement or by obtaining a Court Order for the other person to leave.