A trial separation in NSW Australia is like a reset button for relationships. They allow couples to take a step back, assess their needs, and decide whether they are on the same page or if they should go their separate ways.
For some couples, trial separations pave way to rekindle the spark in their relationship. It can give them time to focus on themselves and their individual needs, and to come back together with a renewed appreciation for each other.
For other couples, it is a confirmation that their relationship is over. It can be a difficult and painful process, but it can also be a necessary step before moving on.
No matter what the outcome, this phase can be a valuable experience for both partners. It can help them learn more about themselves and their needs, and to make informed decisions about their future.
Are you doubting if you should still remain legally married or be in a de facto relationship with your partner? Do you want to know how to make a trial separation work smoothly? If so, read this family law article. A trial separation may be just what you need to reset and reflect on the future of your relationship or marital status.
Benefits of a Trial Separation
A trial separation can be like a time of pruning for a relationship. It can give couples the space they need to reflect on their individual needs and goals and to decide whether they want to continue together.
- Allows couples to honestly assess their concerns and issues without completely ending the marriage.
- Can be a helpful transition for couples with children into any prospective changes in the family dynamic, such as one parent moving out.
- Helps parents keep track of their children’s needs and reactions to the separation, gaining a better understanding of how separation might affect them and what each parent should do in the children’s best interests.
Legal and Financial Implications
During the separation in Australia, couples may need to consider various legal and financial implications. Understanding these implications can help couples avoid costly mistakes.
There aren’t any formal legal requirements for marriage separation in Australia, such as filling out forms or asking for court orders. However, the primary requirement for divorce is that the marriage must have irretrievably broken down, and spouses must have been separated for at least 12 months before applying for divorce, with no chance of reconciliation.
Here are some tips that may help you with the process:
- Consult a family lawyer and financial professionals. They can help establish ground rules, identify legal issues, and provide legal and financial advice. Understanding these factors can help you avoid costly mistakes.
- Negotiate the mechanics of the separation. Couples should negotiate the logistics of the separation, such as who will leave the marital residence, what belongings will be taken, and how the new home will be paid for and furnished.
- Discuss children’s arrangements during separation. Parents should prioritise their children’s best interests when making arrangements during the separation. This may include creating a temporary parenting plan and ensuring that children’s needs are met during the separation period.
Considerations for Couples with Children
Couples in NSW Australia who are considering this need to carefully consider the impact it will have on their children. This is true especially for couples who separated but are still living in the same house for childcare. They need to develop a plan that will minimise disruption in the children’s lives and ensure that they continue to feel loved and supported by both parents.
Here’s a checklist for easy reference:
Trial Separation Checklist
A trial separation can be a challenging time for couples, and having a checklist can help ensure that important aspects are considered and addressed. Here is a checklist to help couples navigate this process:
- Plan the logistics of the separation.
- Where will each of you sleep?
- How long will it last?
- How will finances be handled during this time?
- How will meals and grocery shopping be handled?
- Establish and record the date of separation.
- This date may be important for legal and financial purposes, such as calculating the duration of the separation for divorce proceedings.
- Make arrangements for children.
- Prioritise the best interests of the children and work on temporary parenting arrangements during the separation.
- Keep communication productive and focused on problem-solving.
- Time apart can reveal communication issues, and it’s important to try to keep all communication productive and focused on fixing problems.
- Gather and organise important documents.
- Collect essential documents such as birth certificates, marriage certificates, and passports, and place them in a safe location.
- Consider long-term plans.
- While in separation, couples may want to consider their long-term plans, such as living arrangements after the separation and financial stability.
- Document key information.
- Keep a record of communication between you and your partner, important dates, and any arrangements that are agreed upon during the separation.
Remember that this checklist is a general guide, and each couple’s circumstances may be different. Seeking personalised advice from legal and financial professionals can help couples navigate their specific situations.
How to Create a Parenting Plan During a Trial Separation?
A parenting plan during the separation can help:
- provide stability and consistency for children during a difficult time.
- reduce conflict between parents.
- pave the way for a smoother transition to a permanent custody arrangement if the trial separation leads to divorce.
Here’s what you need to do when creating a parenting plan:
- Understand your child’s best interests.
- Establish a detailed parenting time schedule.
- Decide on communication methods and frequency.
- Address decision-making responsibilities.
- Include provisions for special circumstances.
- Consider the financial aspects of co-parenting.

Seek Legal Advice From a Family Lawyer
If you are considering a trial separation in Australia, it is important to seek professional legal advice from a family lawyer. Our family lawyers at JB Solicitors can help you understand your rights and obligations and develop a plan for the trial separation that is in the best interests of you and your family. We can also collaborate with legal and financial professionals who can help draft your separation agreement.
Let’s discuss your options. Contact us today if you need a legal separation.