Divorce: the legal end of a marriage, instigated by one or both partners, for a variety of reasons. There is no right or wrong reason to get a divorce.
Separation: the end of a relationship that has no chance of reconciliation

A separation means you have broken up the relationship and don’t consider yourself to be in it any longer, nor do you have any intention of reconciliation – this is the first part of a divorce, and you don’t need to tell anyone formally that this has occurred for it to count. Usually the exit from the family home and so on is proof enough, though sometimes this doesn’t happen. At least not for a while.

Being separated does not mean you must live apart – life is complicated and a separation doesn’t always mean moving out. You can also still have an ongoing financial relationship, but not be formally separated. It does mean that when the time comes, the judge will want some evidence that the formal relationship has dissolved.

     The ‘kiss and make up’ provision
You can reconcile the relationship for up to three months, if you wanted to ‘try again’, before the date of your original separation is invalidated and you have to start again. You are only allowed to kiss and make up in one 12-month period, and for no more than three months (without consequences to your formal separation period).

     Considerations of separations

• Custody of children
• Pets
• Family violence
• Vehicles
• Legalities
• Settlements

Getting proper legal advice prior to a separation can be really useful, so call us today for a free chat about your situation. Foreseeing problems can make this process much smoother, and having advice before you do the action can make it easier and better for everyone involved, reducing conflicts and preparing for unexpected eventualities, including financial. Things can get complicated very quickly when life is so intertwined and everything is shared.

Your separation and divorce is different to everyone else’s. Get personalised advice. 

     Dividing property, allocating custody, and arranging living immediately
You can do all the things you would normally do when you break up – split everything up, fight over who gets the cat, and argue about what you feed the kids. Take your time, get mediation if you need or want to, and come to settlements amicably where you can. You may also need a family provision claim to be made.

The more you settle out of court, the better your outcomes are – no court, no expensive legal battles, no fights over the kids. Legal advice is still heavily advised. If you are without a lawyer, Vanessa Ash can help with expert legal advice.

Write your own story. Call Vanessa Ash and Associates today.