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Seperation

Do you want more information about getting a seperation?

Navigating Seperations with Compassion & Expertise

At Barwick Boitano Lawyers, we understand that separation can be an emotionally challenging and legally complex process. Our experienced family law team is dedicated to providing compassionate guidance and expert legal representation to help you navigate this difficult transition with confidence and clarity.
 
We recognize that every separation is unique, and our approach is tailored to your specific circumstances. Our lawyers will work closely with you to understand your goals, concerns, and the unique dynamics of your situation, providing personalized advice and support every step of the way.
 
Whether you are separating from a marriage or a de facto relationship, our team is well-versed in NSW family law and can assist you with all aspects of the separation process, including:

 

  • Parenting arrangements and child custody matters
  • Property settlement and division of assets and liabilities
  • Spousal maintenance and financial support
  • Divorce proceedings (after the mandatory 12-month separation period)
 
We understand the importance of minimizing conflict and promoting cooperation between separating parties, as this often leads to more amicable and cost-effective resolutions. Our lawyers will explore all avenues for reaching mutually agreeable settlements, including negotiation and mediation.
 
However, if court intervention becomes necessary, you can rely on our skilled litigators to advocate tirelessly on your behalf and protect your rights and interests throughout the legal proceedings.
 
At Barwick Boitano Lawyers, we are committed to providing personalized attention and unwavering support during this challenging time. Our goal is to help you navigate the separation process with clarity, compassion, and a focus on your future.
 
Don’t go through this journey alone. Contact Barwick Boitano Lawyers today to schedule a consultation and take the first step towards a new chapter in your life.

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.

Navigating child custody matters? Our experienced team can guide you through the legal process, ensuring the best interests of your children are protected and their well-being is prioritized.

Considering separation? Our compassionate lawyers can assist you in understanding your rights and obligations, providing practical advice and support during this challenging transition.

Seeking a divorce? Our knowledgeable team can guide you through the legal process, ensuring your rights are protected and your divorce is handled efficiently and respectfully.

Facing property settlement issues after a relationship breakdown? Our skilled lawyers can help you navigate the complexities, ensuring a fair and equitable division of assets and liabilities.

Are you in a de facto relationship? Our experienced team can advise you on your rights and obligations, ensuring your interests are protected, whether you’re separating or seeking legal recognition of your relationship.