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Separation occurs when at least one person in the relationship makes the decision to separate, acts on that decision and tells the other person. There are no legal requirements for separation. You may have to prove these living arrangements to agencies such as Centrelink. When deciding if you are separated under the one roof, they will consider whether:. There are no legal processes to separate.
For more information on property settlements when a relationship ends see dividing your property. Life after separation —putting the pieces back together video services available for people separating. It gives a 'real-life' scenario focusing on 2 families. What are my rights if I want to separate from my partner? You and family law —a short guide booklet Information on family law for people who are thinking about separation or who have separated.
Queensland courts domestic violence videos A series of videos explaining the court process for domestic and family violence. Divorce and separation financial checklist Practical steps about how to separate finances and your money back on track after a separation or divorce. Watch a short video.
Asset stocktake calculator Helps with the property settlement process by giving a summary of assets and debts either as a quick financial overview or with more detail. In most cases, you and your ex-partner can decide who will leave the home. This order is only made in special circumstances. Get legal advice. If there is a domestic violence protection order against you and it says you must not be at your home, then you have to leave. You should obey the order and get legal advice. For more information see Domestic and family violence.
You may be able to return at a later time. For more information see protecting your property. When leaving your home you can legally take anything you own individually or that you own with another person. You should take personal documents, such as:. If moving away from the area makes it harder for the other parent to see their children, you should try and get their agreement first — get legal advice. For more information see Moving or traveling with children. Community legal centres give legal advice on a range of topics.
Contact them to find out if they can help. Family Relationship Advice Line gives information about the family law system in Australia. Queensland Law Society can refer you to a specialist private lawyer for advice or representation. DV Connect gives counselling, information, referral and help including refuge and shelter placement and crisis intervention to people affected by domestic violence.
They also manage the Pets in crisis project arranging foster care for pets while people affected by domestic violence are in temporary accommodation. Mensline - DV Connect provides information, counselling and referral on relationships, health, family and domestic violence.
Family Relationship Centres give information, referrals, dispute resolution and advice on parenting after separation. Family law courts deal with family law cases. Court forms and information on family court processes are available online. Women's Safety After Separation WSAS is an online resource for women facing separation, particularly where there is violence and abuse.
Information includes online safety, emergency contacts, the legal system, recovery and survival. Main Content Anchor Separation. You can be separated and still be living in the same home. If you or your children are at risk of immediate harm, contact the police. It's a matter for the police whether they take action. In an emergency, call Related publications and resources Life after separation —putting the pieces back together video services available for people separating. Watch a short video Asset stocktake calculator Helps with the property settlement process by giving a summary of assets and debts either as a quick financial overview or with more detail.
If you or your children are in danger call A domestic violence crisis service can also help you. Get legal help. Related information Dividing your property Domestic and family violence Protecting your property Moving or travelling with children in Australia Moving or travelling with children overseas Publications and resources Life after separation—putting the pieces back together Video What are my rights if I want to separate from my partner?
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Rights During Legal Separation