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Leading Senior Australian Family Law Firm Awarded Best Lawyers

Sydney Litigation &
Dispute Resolution
Lawyers

Awarded Senior Lawyers. Complex Disputes
Going To Court, Mediation & Arbitration

How Our Sydney Litigation Case Review Works

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Submit your case files by our secure legal portal

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Litigation director reviews within 12-24 hours

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Free quick call to discuss your matter (no obligation) without any document upload.

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Strategy and cost estimate if you wish to procced. Without obligation.

Why Clients Start With a Senior Lawyer Case Review

Experts & Cost Effective Dispute Management

Major Commercial Experience Coupled with Deep Litigation Success

We have significant business and legal experience.
Which means knowing when to push hard
and when to favourably resolve!

Jaswinder (Jas) Sekhon - Litigation Director

GOLDMAN LAWYERS' DISPUTES & LITIGATION AWARDS

Our Diverse Commercial Capability & Experience Is The Difference

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Recognised for Complex Litigation & Commercial Disputes

We Take Your Litigation & Dispute Resolution Personally

When the stakes are high, our Senior lawyers bring that big‑firm expertise with the small team extra attention to generate an intelligent strategy that consistently outfoxes the opposition.

We deliver world-class litigation and dispute resolution services with personalized attention and a cost-effective fee strategy, clear budgets, and speed.

Explore our experience and capability areas below to see how our approach turns complex disputes into controlled, winnable problems. Our initial reviews and strategy sessions are confidential, free of charge and without obligation.

We are proud of our unblemished record in litigation and disputes since our founding in 2016.

We are awarded senior lawyers with a reputation for hard hitting litigation that leads to successful dispute resolution for commercial and property matters in Sydney.

HOW GOLDMAN LAW REMAINS UNIQUE?

Our Past Success Only Drives our Future Innovation

Specialised knowledge in one topic is ineffective to provide holistic advice. Our litigation, commercial and cross border expertise uniquely enhances our family law approach.

We love representing all clients but there is a limit to how many clients we can properly serve. This approach protects our reputation and allows laser focus on your needs.
Since 2015, we have offered, clear upfront pricing and realistic estimates. Even if our clients sometimes get into financial hurdles, we offer flexible arrangements when possible.
After hours meetings, video calls and portal communication. Most lawyers keep you in the dark only to protect themselves. Our motto is to keep you informed and in the loop at all times.

How Our Sydney Litigation Case Review Works

Why Choose Our Firm to Brief?

Kerry Cortese

Goldmans were excellent in looking at estate challenges and reviews. I had to trace assets going back to a previous generation so it was complex to me. Jas at Goldmans and co are excellent lawyers in dealing with seniors. Thank you

Eva Caprile

Jas was an excellent lawyer keeping me well informed along a protracted legal matter. He kept the pressure on and was able to achieve the desired outcome.

Paul Northrop

I have used G&C on numerous occasions for business matters. I have always found them to be incredibly responsive with sound advice. I know that with the G&C team working on my legal matters, it takes the pressure off me and allows me to concentrate on running my business!

Pauline Von Czapiewski

Wonderful team of professionals to deal with from office support to solicitors. Always has a quick response time, and good advice. Incredibly impressed and will be sure to use again in the future...

 

Jane Mac

I have found Goldman’s to be a highly skilled and caring group of lawyers who have guided me many times during periods of uncertainty and stress. I couldn’t do without their considered and professional advice for our businesses.

 

Talia Falo

Goldman & Co handled my case extremely well, gave fantastic advice and overall eased up the tension of the entire situation immensely. I felt they genuinely cared for my well-being and what I am going through so great thanks to them. Would highly recommend...
 

Meet Your Sydney Litigation & Dispute Resolution Team

Servicing The Greater Sydney Region

Jaswinder (Jas) Sekhon

Senior Lawyer & Principal 
Australia | London | Dubai

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Jaswinder (Jas) Sekhon

Senior Lawyer & Principal 
Australia | London | Dubai

For over 30 years, Jaswinder (Jas) Sekhon has been a leader in international law, delivering outstanding results for private clients and corporations through unwavering dedication, discretion, and excellence. His career escalated when at 27, he was seconded from Sydney to London, gaining invaluable experience in cross-border tax planning for high-net-worth individuals and corporations.

This formative experience laid the foundation for Goldman Law, a firm that reflects Jas’s vision of delivering

bespoke legal services tailored to the unique needs of clients, prioritizing individuality over wealth or connections.

Jas has an impressive litigation record, excelling in medico-legal matters, patents, and class actions, and is widely respected for achieving exceptional outcomes in high-stakes cases.

His expertise extends across global tax planning, finance, commercialization, cross-border transactions, trusts, estate planning, commercial litigation, and family law. Beyond practice, Jas has co-authored the seminal tax book, Barrett’s Principles of Income Tax and edited or co-authored numerous other international publications on taxation and wealth management.

Jas holds two undergraduate law degrees from the University of New South Wales and a Master of Laws from Sydney University. He is admitted as a solicitor in Australia, England & Wales, the Eastern Caribbean Supreme Court, and New Zealand. Additionally, he has served as a Legal Consultant in the UAE, further solidifying his global influence.

Jas’s career highlights include leading structured finance banking experience with the commercialization of blockbuster films (The Matrix and The Lord of the Rings) and Merck’s world leading drug, Gardasil, as well as co-founding the EU airline start-up Cobalt Air.

Kerry Turner

Senior Manager | Client Liaison & Operations

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Kerry Turner

Senior Manager
Client Liaison & Operations

With over 15 years of experience in client relations and operations, Kerry Turner is the cornerstone of our firm’s coordination and client management. Beyond her vital local role, she serves as a key liaison for our London and Dubai offices,

ensuring seamless communication and consistent service delivery across jurisdictions.

As the first point of contact for clients, Kerry exemplifies professionalism, practical insight, and genuine care.

ensuring seamless communication 

and consistent service delivery across jurisdictions.

As the first point of contact for clients, Kerry exemplifies professionalism, practical insight, and genuine care. She handles inquiries with compassion and directs client needs to our senior lawyers, prioritizing tailored, effective solutions. Her steadfast commitment to understanding and addressing client needs has set the “gold standard” for client service within our firm, transforming how our legal team operates to better serve our diverse clientele.

Kerry’s empathetic nature shines particularly in her interactions with elderly or distressed clients requiring special care. Drawing on her extensive background in human resources, international experience, and the hospitality industry, she brings a unique, human-centric perspective that elevates the standard of our client management. Despite not holding a legal qualification, her ability to connect with clients on a deeply personal level fosters trust and ensures every client feels valued and respected.

In addition to managing client relationships, Kerry fosters seamless collaboration across our legal team, promoting efficiency and unity in daily operations. Her personalized approach ensures that every client’s legal experience is not only stress-free but also positive and productive.

Through her integrity, dedication, and pursuit of excellence, Kerry has become an indispensable leader at the firm. Her compassionate and tireless approach truly embodies the “Goldman Lawyers standard,” inspiring both colleagues and clients alike.

Zeinab Elzein

General Counsel | Senior Lawyer

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Ekta Jhanjhri

Snr Paralegal*
Foreign Lawyer*

Ekta is a legally trained professional and experienced Paralegal, originally qualified as a lawyer in India with a strong foundation in legal research, client liaison, and administrative support. With a cross-jurisdictional foundation and a deep understanding of common law systems,

procedural adaptability to every matter handled by the firm.

With 4 years of experience both Indian and Australian legal Ekta adds global perspective and procedural adaptability to every matter handled by the firm.

With 4 years of experience both Indian and Australian legal environments, Ekta is known for her meticulous attention to detail, proactive work ethic, and unwavering commitment to supporting lawyers in the delivery of high-quality legal services. This dual capability enhances the firm’s ability to serve multicultural and international clients, particularly in matters requiring comparative legal understanding or involving foreign jurisdictions.

Having worked in both boutique and mid-sized law firms, Ekta is adept at preparing legal documentation, drafting legal correspondence, managing court filings, and liaising with clients, barristers, external stakeholders and court registries across jurisdictions. Her work involves complex corporate transactions, contractual and commercial disputes, negligence claims, and high-stakes litigation.

Her expertise spans case preparation, discovery management, and legal precedent analysis, often playing a key role in briefing counsel and coordinating hearing logistics. This analytical strength enables the legal team to develop persuasive submissions and strategic advice grounded in current legal authority.

She is also proficient with legal practice software such as Smokeball, LEAP as well as legal research platforms including Jade, LexisNexis and AustLII.

Ekta maintains strict confidentiality and consistently upholds the ethical standards expected in legal practice.

Mathew Nott

General Counsel | Senior Lawyer

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Mathew Nott

General Counsel
Senior Lawyer

Mathew joined Goldman Lawyers in 2020 as an experienced solicitor, bringing with him years of high-level legal expertise and exceptional communication skills that benefit both clients and colleagues alike. Since his admission to the Supreme Court of New South Wales in 2017,

Mathew has dedicated his career to providing outstanding legal representation across a broad range of practice areas.

His primary focus lies in criminal and commercial law, as well as estates and trusts, where he works tirelessly to deliver the best

His primary focus lies in criminal and commercial law, as well as estates and trusts, where he works tirelessly to deliver the best possible outcomes for his clients. Mathew’s expertise also extends to property law, medical disputes, family law, and other critical areas, demonstrating his adaptability and depth of knowledge. His ability to think critically and communicate effectively ensures his clients are always informed and empowered throughout the legal process, no matter the complexity of their case.

Before pursuing law, Mathew enjoyed a diverse professional career as a journalist and editor, honing his communication and analytical skills. He also spent over a decade as a senior public health executive in New South Wales and Queensland, experiences that have enriched his perspective and enhanced his ability to connect with clients on a human level.

Mathew holds a Diploma of Law (LPAB), a Bachelor of Arts in Communication (Journalism), and a Certificate of Business Skills from the College of Law Sydney. His varied background and academic achievements underscore his commitment to excellence.

As General Counsel at Goldman Lawyers, Mathew’s unique combination of skills, life experience, and legal expertise positions him as a standard-bearer for client advocacy and legal excellence. His pragmatic and well-rounded approach makes him an invaluable asset to the firm and its clients.

Litigation Insights from Senior Lawyers

Legal Tips & Secrets Revealed! What Lawyers Don’t Tell Their Clients.

Key Strengths Demonstrated Through Casework

WHEN YOU NEED MORE DETAILS

From Real Family Law FFAQ's (Further Frequently Asked Questions)

Legal strategy discussions with a senior lawyer are important for several reasons.

Firstly, having a general philosophy and mission for a law firm helps differentiate the firm from others and demonstrates that the firm has carefully considered what they want to achieve and how they plan to effectively advocate for their clients. This strategic approach can give the law firm a competitive edge and help attract clients who align with their values and goals.

Secondly, discussing legal strategy with a senior lawyer allows for the exchange of knowledge and expertise. Senior lawyers have extensive experience and can provide valuable insights and guidance on how to approach legal issues. They can offer a broader perspective and help identify potential challenges and opportunities that may not be immediately apparent to junior lawyers or clients.

Moreover, senior lawyers can communicate in a way that is more business-oriented rather than using complex legal jargon. This is essential for ensuring that legal strategies are effectively understood and implemented by clients and stakeholders who may not have a legal background. A senior lawyer can translate complex legal concepts into clear and meaningful terms that align with the client’s business objectives.

Furthermore, engaging in legal strategy discussions with a senior lawyer allows for creative problem-solving and the exploration of alternative solutions. By considering different perspectives and brainstorming strategies together, clients and lawyers can develop innovative approaches and find the most effective legal solution for their particular situation.

Lastly, legal strategy discussions with a senior lawyer can help ensure compliance with regulations and minimize potential legal risks. Senior lawyers have a deep understanding of the law and can provide guidance on how to navigate complex legal frameworks. They can help identify potential legal pitfalls and develop proactive strategies to mitigate risks and avoid costly legal disputes.

In conclusion, having legal strategy discussions with a senior lawyer is crucial for law firms and clients alike. It allows for the development of a clear and effective approach to legal matters, facilitates knowledge sharing and creative problem-solving, improves communication, and helps ensure compliance and minimize legal risks.

How Do Goldman Lawyers Typical Professional Fees in a Family Law Matter Compare?

The rates are our top senior lawyers range from $550 to $750 per hour excluding GST.

Our senior lawyers must have had at least 10 years of family law experience in running matters. There is very little that we have not dealt with, from small but complex matters, legal aid panels, protective custody and disputes between states and the federal government, the kidnapping of children, complex financial matters, money laundering, cash businesses, domestic violence, multijurisdictional cases and the list goes on.

Our senior lawyers will personally handle your matter and we are simply too busy to stretch out your matter and to be effective at these higher charge rates, we must be quick, decisive, and work to an agreed strategy.

We know what is not important and we know what to cut out. We know where the cases are heading and do not like to drag them on.

Even though our initial rates may seem higher, the eventual outcome will cost less, and we are successful in achieving a better outcome.

We use technology and automation extensively to reduce the time taken for mundane tasks.

What Are Typical Family Law Fees In The Industry
According to the Federal Circuit and Family Court of Sydney, parties involved in family law proceedings usually pay their own legal costs. However, there are exceptions to this. The court may order one party to pay the legal costs of another. The amounts payable for a costs order are set out in the scale of costs in Schedule 3 to the Family Law Rules 2021.

The court may also depart from the scale and order that another party pay all of a party’s costs reasonably and properly incurred, which is known as indemnity costs.

The fees for a senior lawyer handling a family law matter can vary depending on factors such as the complexity of the case, the expertise and experience of the lawyer, and the location of the law firm.

In Division 2 of the Family Law Rules 2021, the scale of costs for family law and child support matters is provided.

  • For example, for initiating or opposing an application up to the completion of the first court date, the cost can range from $2,512.56 to $3,141.50, depending on the presence of interim orders.
  • The fees for attending a hearing can range from $342.19 to $2,512.56 per day, depending on the type of hearing.
  • Additionally, there are fees for drafting, conferences, and chamber work, ranging from $277.16 to $721.68 per hour, depending on the level of expertise. Disbursements, such as photocopying and agent fees, are also included in the costs.

These fees are provided as a guide and may vary depending on the specific circumstances of the case and also include Legal Aid Fees.

Per Court Day
Based on another source , the fees for senior lawyers in family law matters can range from $3,000 to $6,000 per day in court. Junior lawyers may charge less due to their developing expertise. These fees are generally for a final hearing and can vary depending on the complexity of the case.

Hourly Rates
Another source mentions that lawyers generally charge an hourly rate for their services. The lowest hourly rate for an admitted lawyer with less than 2 years of experience may be around $300, while the hourly rate for a principal of a law firm with years of experience can be around $600. The fees for talking to a lawyer or seeking legal advice can vary depending on the lawyer’s rate and whether a fixed fee or time-costing method is used.

What Do Barristers Typically Charge?
In a different source, the fees charged by barristers in family law matters are discussed. Barristers are grouped into categories based on their experience and level of expertise. For example, a reader (newly admitted barrister) may charge around $2,500 per day, while a senior junior barrister (with more than five years of experience) may start at around $4,500 per day. Queen’s Counsel and Senior Counsel (more experienced barristers) may charge from $9,000 to $13,000 per day. The choice of barrister will depend on the individual’s case and budget.

In conclusion, the typical professional fees for a senior lawyer handling a family law matter in Sydney can vary depending on various factors, including the complexity of the case, the expertise and experience of the lawyer, and the specific services required.

The fees can range from around $2,500 per day for a newly admitted barrister to $13,000 per day for a senior barrister.

Hourly rates for lawyers can range from $300 to $600, and fixed fees may apply for certain services. It is best to consult with a lawyer to obtain an accurate estimate of fees based on the individual’s specific circumstances

Why Do Lawyers Tend To Underquote The Initial Fees? What Can I Do To Protect Myself?

Law firms use various strategies to attract clients, including the initial underquoting of fees. Note: Goldman Lawyers do not use these tactics.

When it comes to marketing, law firms focus on making themselves easy to find online through search engine optimization (SEO) and running SEO campaigns to improve visibility in search results

  • One common reason for lawyers to initially underquote client fees is the traditional practice of not advertising prices. Many lawyers were trained by those who practiced at a time when advertisements were prohibited.
  • Another reason is that lawyers are often hesitant to bind themselves to a flat fee before knowing anything about the client.
  • Each client’s case differs in complexity and requirements, and lawyers may need more information before quoting an accurate fee. For example, a divorce case could range from simple and straightforward to complex and involving multiple assets.
  • Furthermore, the unpredictable nature of litigation and transactional matters can make it challenging to estimate the amount of work required.
  • Disagreements between parties and unforeseen circumstances may arise during the course of a case, potentially prolonging the work. Lawyers may be reluctant to set a fixed fee upfront when they cannot guarantee the duration or complexity of the legal matter.
  • Moreover, lawyers may be concerned that advertising prices could lead to a race to the bottom, with lawyers undercutting each other’s rates.
  • While this may benefit consumers, it may not be financially viable for lawyers. Lawyers require compensation that reflects their experience, expertise, and the value they provide to their clients.
  • In light of these factors, it may not be advantageous for lawyers to advertise their prices upfront (as we do!!!).

In summary, lawyers initially underquote client fees for various reasons, including the traditional practice of not advertising prices, the need to gather more information about the client’s case, the unpredictable nature of legal matters, and concerns about a race to the bottom in pricing.

Protect yourself by having a free strategy and fee discussion with Goldman Law!

2023 Rates Of Marriage, Divorce & Separation In Australia
Statistics show that in 2021, there were 89,164 marriages registered in Australia, which is lower than pre-pandemic numbers but higher than the historic low of 78,989 in 2020. The impact of the COVID-19 pandemic, including public health orders and restrictions, affected couples’ marriage plans, especially during the Delta wave from June 2021 onwards. Comparing 2021 to previous years:
  •  Marriages in New South Wales and Victoria were down 31.0% and 34.6% respectively compared to 2019.
  • The crude marriage rate in 2021 was 3.5 per 1,000 people, higher than 3.1 in 2020 but lower than 4.5 in 2019.
Regarding same-sex marriages, there were 2,842 same-sex marriages registered in 2021, accounting for 3.2% of all marriages. While there has been a decrease in same-sex marriages each year since their introduction in 2017, the largest decrease occurred between 2019 and 2020 during the COVID-19 pandemic. Registered relationships, an alternative to marriage available in most states and territories, remained stable during the pandemic, with 19,190 relationships registered in 2021. In terms of divorces, there were 56,244 divorces granted in Australia in 2021, a 13.6% increase compared to 2020. The higher number of divorces can be attributed in part to administrative changes that increased finalizations and reduced timeframes, leading to more divorces being processed. The crude divorce rate in 2021 was 2.2 divorces per 1,000 people, reaching a level last recorded in 2011 and 2012. The characteristics of divorces remained relatively stable over time. In 2021, the median duration of marriage before divorce was 12.2 years, and 47.8% of divorces involved couples with children under 18 years. The median age at divorce was 45.9 years for males and 43.0 years for females. Graph Divorce rates varied among different age groups, with the highest rates for males aged 40 to 44 years and 45 to 49 years, and for females aged 40 to 44 years. Divorce numbers increased in all states and territories in 2021, except for the Australian Capital Territory, where caution should be exercised due to divorces granted to residents of other states and territories. Same-sex divorces accounted for 473 cases in 2021, including 306 divorces for female same-sex couples and 167 divorces for male same-sex couples. Before 2021, data on same-sex divorces were not separately identifiable.
Divorce & Lawyers' Fees in Sydney - What Does a Divorce Cost In 2023?

How much does an average divorce cost in Sydney?

between $50,000 and $100,000?

“What is the average cost of a divorce or separation in Sydney? According to Money Magazine, the average cost is between $50,000 and $100,000 and can take up to 3 years if going through to Court.” This is clearly wrong!

Government Fees and process server
$1100 typical
Professional lawyer Fees
$400- $1500?
Total
$1,500 to $2,600

From $400 to $1,500 from our research for a simple divorce. What do you get for that? Lawyers charge at least $300 to $400 an hour so you don’t get much attention; or that is a misleading number.

How much do divorce lawyers make in 2023? Not much for the divorce, but once you get in and start, they may take advantage of the separation process, divorce is something that simple. The rest of it is not. Read more.

Why the big range?

Use Guided Self Help and do it yourself with guidance from us for around $500.

See below for what is excluded and what the Divorce Traps are.

Guided Self-Help Options & Fees- DIY Divorce- Why Start Off This Way?
Your separation journey and paths to divorce. Use Guided Self Help whenever you need a senior lawyer. You decide and we have options to help you with professional legal services. DIY Divorce You and your ex-partner reach an agreement by yourselves and apply for a Joint Divorce Application. Can suit couples who:
  • are amicable & trust each other; and
  • can communicate well.
We suggest a quick review of your application, and this may cost you an hour or less professional time ($300 to $500) with Guided Self Help. Engage us as a Meditator and assist you in your agreements for divorce, children, and finances. A separate person will mediate and another lawyer draft agreements if required. Total Cost $1500 to $5000 plus Government fees. You and your ex-partner engage one legally qualified Mediator to help you reach a fair agreement. The Mediator is impartial and not on anyone’s side. Can suit those who:
  • are amicable & trust each other
  • can communicate reasonably well
  • want to have more control over their separation; and
  • have no history of family violence.
Independent Legal Advice You and your ex-partner engage your own Lawyers to negotiate agreements on your behalf. Will suit those who:
  • are not amicable or can’t come to an agreement on their own terms
  • don’t trust each other to be honest
  • have complex finances
  • still want to keep their settlement out of Court.
Having a Lawyer doesn’t have to mean inflaming tensions — all the Lawyers in our network are committed to de-escalation and Court as a last resort. Guided Self Help will save you at least 50% in legal fees. Decisions by the Court- Use Senior Lawyers When You Need To and Not When You Don’t! You, your ex-partner, and your Lawyers head to Court for an outcome. A Judge will make decisions about financial and parenting matters. Yes, we can assist you through all the boring bits and you engage us just when you need us i.e. before important directions, mediations, and trial. Save 50% in typical fees.
Three (3) Awful Traps To Avoid In Getting A Divorce
1. Marriages less than 2 years old Parties seeking a divorce application for a marriage that has lasted less than two years from the actual marriage date are required to undergo counselling to explore the possibility of reconciliation. Pursuant to Section 44(1B) of the Family Law Act 1975 (Cth), a certificate indicating that counselling has been sought must be provided to the court. In accordance with Section 44(1C), the court has the discretion to grant leave and proceed with the divorce proceedings even if the parties have not pursued reconciliation, provided that the court is satisfied that there exist special circumstances justifying the continuation of the hearing. 2. Careful of Resuming Cohabitation and the Separation Period Section 50 of the Family Law Act 1975 (Cth) aims to provide opportunities for separated parties to reconcile and aligns with Section 43(d) of the Act, which requires the court to consider means of assisting parties to a marriage in considering reconciliation. This section permits parties to resume cohabitation for a maximum period of three months, after which the separation period is nullified, and the parties must restart the separation afresh. Under this provision, if there is only one instance of cohabitation for a duration of less than three months, the periods of separation preceding and following that resumption can be combined for the purpose of meeting the required 12-month separation period. However, in the case of Keyssner and Keyssner [1976] FamCA 41, it was determined that if there are multiple periods of resumption of cohabitation, the second and subsequent instances indicate that cohabitation has occurred on more than one occasion. As a result, the court rejected the divorce application in that case. Therefore, it is crucial to consider the impact of resuming cohabitation on the separation period, as multiple instances of resumption can affect the determination of the required period of separation. The Full Court made the following observations:
  1. Separation does not necessarily require a mutual decision by both parties. It can be communicated through spoken or unspoken words and actions, indicating an intention to sever the marital relationship.
  2. The determination of separation is a question of fact and depends on the circumstances of each case.
  3. Section 49(1) of the Family Law Act 1975 (Cth) states that separation can occur even if it was initiated by only one party. While physical separation, such as one party leaving the matrimonial home, is often indicative of separation, there are situations, as outlined in Section 49(2), where separation may exist despite parties continuing to live under the same roof.
3. Separation Is Not A Breakdown Of A Marriage By Itself The meaning of separation extends beyond physical separation and involves the breakdown of the marital relationship (consortium vitae). The elements of a marital relationship can vary for each couple, including living together, sexual intercourse, mutual society and protection, public and private recognition of the marriage. When asserting separation, it may be necessary to compare and contrast the state of the marital relationship before and after the alleged separation. In the case of Jennings and Jennings (1997) FLC 92-773, where the parties lived together until the husband’s hospitalization, the court found no separation had occurred because neither party had formed an intention to sever the relationship. In Price v Underwood [2008] FamCAFC 46, the court emphasized that separation goes beyond physical living arrangements. The husband’s intention to separate must be effectively communicated to the other party, and physical separation alone does not necessarily prove a breakdown of the marital relationship. In Campbell & Cade, where the husband claimed separation from the date he moved out, the court considered the three elements of separation: intention to separate, action upon that intention, and communication of the intention. The court found that, despite physical separation, the parties were still acting as a married couple and dismissed the application for divorce. Therefore, separation involves more than physical separation and requires an intention to sever the marital relationship, supported by corresponding actions and effective communication of that intention.

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