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 June 2022

9AM – 5:30PM

Monday to Friday

L7, 10-14 Smith St

Parramatta NSW 2150

(02) 9635 7966

Call Us

Separation and Divorce

Going through separation and divorce can be an emotional and strenuous time. A range of practical issues arise including the separation of finances and living arrangements for children. Our divorce lawyers are able to assist your through this process and advise you of what issues you might need to consider in your matter.

What is separation?

The following three elements are what the Court is concerned with when proving separation:

  1. Intention
  2. Communication
  3. Action

Further, the date of separation can be a very important element in determining a variety of family law outcomes. This is because the date of separation can impact whether proceedings can commence regarding property and maintenance. It can also influence what entitlements you may have in a property settlement or a spousal maintenance matter.

It is important to note that parties can also be separated while living under the same roof.

It is recommended that you seek divorce advice from a divorce lawyer at Matthews Folbigg.

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

Yes, as mentioned partners do not necessarily have to be living in different residences to be recognised as separated.

Can I apply for a divorce?

As long as you and your spouse have been separated for a period of at least twelve months, an application for divorce can be made.

When this application is filed with the Court, a hearing date is then allocated approximately six to eight weeks thereafter.

A divorce hearing will then be allocated which can require your attendance at Court when the Court is to hear and determine your application.

If the Court hears your application and determines that the divorce should be granted, a divorce order will become effective one month and one day after the divorce hearing.

How can we help you?

Achieving a settlement in relation to divorce issues can be complex and tiresome.

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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