Clarity about separation can be important for a number of reasons including for the valuation of property and to obtain a dissolution of marriage.
To get a dissolution of your marriage you need to have lived apart for two years.
Neither a formal Separation Agreement or Order is necessary, but both can be useful tools in managing a complicated separation, particularly about the date from when you have agreed to live apart.
Having arrangements in writing can held later avoid misunderstandings about what you and your spouse/partner have agreed.
A Separation Agreement does not have to but can also provide for interim financial and care of children arrangements.
A Separation Order is a legal declaration that sets out the date of separation and can be useful where one party does not agree or refuses to acknowledge to the separation.
To obtain a Separation Order an application and evidence needs to be filed in the Family Court.
Contact us for assistance with pre-separation and separation agreements.