Amicable separation (or amicable divorce for married couples) is a decision that you and your de facto partner will go separate ways. This also involves making important decisions such as living arrangements, money and property division, and parenting arrangements, if there are children involved. Separation may cause your children emotional and mental health issues, poorer adjustment, and academic performance.
In Australia, couples who want to resort to amicable separation can utilise ‘Amica.’ This is an online dispute resolution tool that will assist couples to discuss the important matters that affects their amicable separation (more on this later).
How Does Amicable Separation Affect Your Children?
The amicable separation of parents may negatively affect their children in so many ways. Here are five aftereffects of amicable separation:
- Poor mental and emotional health.
There are several studies about the correlation between parents’ amicable separation and their children’s mental health post-separation and maybe be emotionally challenging for them. These studies show that long-term effects of parental separation on children include depression, suicide attempts, anxiety, distress, substance abuse, and the list goes on.
- Decreased academic performance.
Parental separation can challenge your child’s capacity to achieve academic and vocational goals. Children affected by the separation might experience a hard time focusing on their academic lives, leading to lower test scores and academic performance.
- Higher social withdrawal.
When parents separate, children may experience social withdrawal. This means that children who are from separated families show less self-control in social relations or they are less compliant with social norms and rules. Moreover, they may appear to be actively or passively alienated from other children or adults.
- Lower level of self-concept.
After separation, children experience low self-esteem. Children, seeing their parents go their separate ways, may create attachment-related problems when they become teenagers and, eventually, adults.
Moreover, according to Bowlby’s attachment theory, “parental separation reduces the adolescent’s self-reliance in who and where his/her loved figure is; the perception of his acceptance before the important figure as well as the availability, approachability and subtle reaction of attachment figure, thus impacting the adolescent’s self-esteem.”
- Likelihood of homelessness.
Generally, parental separation does not lead to homelessness. However, for disadvantaged households, this significant event can turn things upside down. According to a study, the financial effect of separation may trigger homelessness. Due to the unexpected changes in the circumstances, a negative income shock may lead to children’s homelessness after separation.
Amica: Online Dispute Resolution Tool
What is Amica? Amica is an online dispute resolution tool that was launched in 2020. This helps couples who are intending to separate amicably by resolving their conflicts outside court and with minimal costs.
This is a program initiative of the National Legal Aid and the Legal Services Commission of South Australia that utilises smart technology to make the separation process hassle-free and affordable.
Amica can help in the following ways:
- Work out and record parenting arrangments
- Create parenting plans
- Property division – Amica’s AI technology will suggest a divison of property based on circumstances analysis, agreements, and mirrors the manner by which the court deals with family disputes
- Access family law information
Before you use Amica, here’s a checklist that will help you know if using this tool is right for you:
- You feel comfortable and safe when sharing information with your former partner on this platform.
- The Family Court time limits do not apply to you.
- Your relationship is recognised under Australian family law (married, de facto relationships, and registered relationships).
- Your financial situation is relatively straightforward.
Situations When You Can’t Use Amica
You can’t use this platform if you are involved in any of the following situations:
- If your former partner has removed or threatened to remove your children from their home.
- If there are any existing court orders in place about your parenting arrangements.
- If you or your former partner want to relocate with your children.
- If you are trying to make parenting arrangements for children born outside of the relationship (for example stepchildren).
- If the children have been subject to care and protection orders, or child protection services are involved with your family (for example child welfare agencies have removed the children from your care).
- If the paternity of the children is in question or there are surrogacy issues.
- If you or your former partner are currently going through bankruptcy or were bankrupt during the relationship.
- If you or your former partner have gained money through crime or fraud, or have fraud allegations against you.
- If you and your former partner’s property or financial settlement situation is complicated, for example:
- Any money or property that was owned or shared during the relationship is held in a company or trust.
- One of you is a director of a company that forms part of the money or property that was owned or shared during the relationship
- You have property that is also owned by someone else outside of the relationship.
- You or your former partner have property or money overseas.
To know more, head on to Amica’s website and try answering the questions through this link. You can also try out a demo of Amica’s money and property division feature on their website.
Note: We would recommend you speak with family lawyers for legal advice and enquiries.
Seeking Legal Advice from JB Solicitors
Going through an amicable separation can be challenging for all parties. This is because circumstances such as family abuse and violence, money and property issues, and child custody can make the whole situation more complicated.
To resolve these issues and achieve a smooth separation process, seek legal advice from an experienced family lawyer at JB Solicitors. Our lawyers can help you with:
- The dispute resolution process
- Amicable settlement with your ex partner
- Child custody and parenting arrangements
- Drafting parenting plans
- Mediation. This will involve a independent third party to help the parties involved make amicable settlements about their relationship or marriage.
- Represent you in divorce proceedings if parties are unable to reach a fair agreement
Contact our family lawyers today for a successful amicable separation.
