9AM – 5:30PM

Monday to Friday

L7, 10-14 Smith St

Parramatta NSW 2150

(02) 9635 7966

Call Us

We are leaders in commercial, private client, and government law

中文     26th January 2022

9AM – 5:30PM

Monday to Friday

L7, 10-14 Smith St

Parramatta NSW 2150

(02) 9635 7966

Call Us

Separation and Divorce

Separation and divorce is often an emotional and tense time. There are many practical issues to consider including separating finances and making arrangements for children. Our divorce lawyers can guide you through your divorce and separation and advise you of what issues you might need to consider in your matter.

What is separation?

In order to prove separation, the Court is usually concerned with three elements:

1. Intention
2. Communication
3. Action

The date of separation is a very important element in determining a variety of family law cases as the date of separation can impact upon whether proceedings can be commenced for property and maintenance and can also impact on what entitlements you may have in a property settlement or a spousal maintenance matter.

Parties are also able to be separated while living under the same roof.

You should seek divorce advice from a divorce lawyer such as ourselves.

Can I be separated but living in the same house as my partner?


Can I apply for a divorce?

Prior to applying for a divorce, it is necessary that you and your spouse have been separated for a period of at least twelve (12) months.

Once an application for a divorce is filed with the Court, a hearing date will be allocated approximately 6 to 8 weeks thereafter.

Once a divorce hearing is allocated, you attend the divorce hearing for the Court to hear your application.

Once the Court hears your application and determines that the divorce should be granted, the divorce Order will become effective one (1) month and one (1) day after the divorce hearing.

How can we help you?

Reaching a settlement in relation to divorce issues can be complex and stressful.

Matthews Folbigg divorce lawyers specialise in divorce settlements for married couples. We are able to provide you with succinct divorce advice.

We have a team of solicitors including accredited specialists in family law who may provide succinct legal advice to you in a cost efficient manner.


We serve all of the legal needs of individuals, government and businesses, regardless of their complexity, throughout all of Sydney and beyond.

We are industry leaders, and we never lose sight of the outcome that you want. We guide you through the legal process to achieve that outcome.

Our growth and our success, comes from the growth and success of our clients.

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