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Coutts offers expert legal representation for individuals dealing with separation. Our dedicated team includes an Accredited Family Law Specialist who is highly experienced in handling the intricacies of Family Law cases. We understand the sensitivity and complexity of family law matters, and we are committed to protecting the rights and well-being of our clients with compassion and precision.

Luisa Gaetani

Luisa Gaetani
Partner & Accredited Family Law Specialist

Book Your Separation Consultation Now


Separation can be a complicated and difficult process. Often, the parties to a separation are left trying to reach an agreement regarding property, children, or both. The change and uncertainty associated with separation can also make this process stressful and emotional.

Separation occurs when a married couple, de facto couple, or same-sex couple ends their relationship on a final basis. It is different from divorce, in that all that is required for separation is that the decision to end the relationship is communicated to the other party.

How to separate – Is anything needed legally?

To prove separation for an Application for Divorce there must be elements of physical, emotional and financial separation. While it is possible to live under the same roof while separated, the Court requires evidence of separation.

How can Coutts help?

The Family Law Team at Coutts are highly committed and determined to achieve an outcome that is in our client’s best interests. We appreciate that family law matters can be stressful and overwhelming, but we aim to provide you with informative and comprehensive advice to assist you at every step of the process.

We assist our clients through every stage of the divorce process, from legal planning to the restructuring of their assets, allowing them to move on with their lives. We also then refer our clients to the Wills & Estates Team to restructure their Wills.

What to Expect with Coutts Lawyers

Step 1: Initial Contact

Reach out to Coutts Lawyers via our website, phone, or in person. Briefly describe your matter.

Step 2: Consultation Appointment

Schedule and attend a meeting with a Coutts lawyer to discuss the specifics of your matter and desired outcomes.

Step 3: Information & Legal Advice

Share all related documents and information. Your lawyer will review everything, clarify aspects as needed, and then advise on the best action course.

Step 4: Action Plan Development

Based on the advice, an appropriate action plan will be formulated. This may involve communication, documentation processes, or further legal steps.

Step 5: Implementation

Execute the action plan, addressing a range of legal scenarios as necessary.

Step 6: Resolution & Closure

Navigate towards a resolution, with the path determined by the nature of the matter. Your Lawyer will outline any final actions or considerations.

Book Your Separation Consultation Now

Introducing Luisa

Your Compassionate Lawyer

Meet Luisa, a Partner at Coutts Lawyers & Conveyancers, and an Accredited Family Law specialist. Luisa is the head of our esteemed Family Law team. Boasting over a decade of expertise, Luisa blends sensitivity with practicality, forging deep connections and trust with her clients. Her reputation as a foremost authority in Criminal and Family law is well-deserved.

Luisa Gaetani
Luisa Gaetani

Connect with Luisa Today

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Separation FAQ’s

In Australia, a legal separation occurs when one party in a relationship (marriage, de facto, or same sex) communicates the decision to end the relationship on a final basis, even if they continue to live under the same roof.

To apply for a divorce, there must be evidence to prove separation. This evidence will need to show that there has been physical, emotional and financial separation, even if both parties continue to live under the same roof. The court requires clear evidence of such separation to process any application for divorce.

Yes, you can seek legal assistance from firms like Coutts, who specialise in Family Law. We can provide comprehensive advice, legal planning, asset restructuring, and other support to help you navigate through the stressful and overwhelming phases of separation and divorce.

After separation, parties often try to reach an agreement regarding property. The division of property is not always a case of 50/50. There are a number of other factors that need to be considered such as the duration of the relationship, contributions from both parties and future needs. Seeking legal advice from our Family Law Team can help in negotiating and reaching a fair settlement.

It is important to consider revising your Will following separation. At Coutts, we are not only able to assist clients through every stage of the divorce process but can refer you to our Wills & Estates Team to ensure your Will is updated to reflect your change in circumstances.

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