If you’re going through a difficult time because your family is going through separation, this article on family separation advice might help.
Family separation can lead to a lifetime of trauma. Children may experience feelings of rejection, abandonment, and grief. They may also struggle with mental health issues, such as anxiety, depression, and post-traumatic stress disorder (PTSD).
For parents, family separation can be equally devastating. Parents may struggle to maintain contact with their children and rebuild their lives. What should you do in times like this? The Australian government provides several resources and services available to provide support and guidance.
Here’s some family separation advice that might help you in your situation:
Family Separation Advice: Practical Support
- Undergo Family Dispute Resolution.
Family Dispute Resolution (FDR) is a process designed to help separating families come to their own agreements, particularly in matters such as parenting arrangements and property division.
In New South Wales (NSW), FDR is a compulsory step under Australian family law for separated parents before applying to a family law court for parenting orders, with exemptions in certain cases.
The process involves using an accredited Family Dispute Resolution practitioner to facilitate discussions and reach agreements with professional help, and it is a practical and low-cost way for separating families to sort out future parenting arrangements. If the mediation is not successful, the practitioner can issue a certificate, called a ‘Section 60I certificate,’ to allow an application to be made to a family law court.
- Seek Counselling and Mediation.
Services like counselling and family mediation are available to help individuals make arrangements for children and money without going to a family law court.
Problems with family relationships can be emotionally taxing and unpleasant. Seeking advice from a family law counsellor could be beneficial in helping you handle your circumstances. This step might assist you in coping with the psychological effects of divorce. It can also facilitate improved communication regarding matters that require resolution with your ex-partner.
- Seek Legal Assistance and Go to Court.
If FDR and mediation do not work, you might need to seek legal assistance from a family lawyer and go to court to deal with your family law matter. Here’s what the court can do for you:
- Grant a divorce order
- Formalise a parenting or financial arrangement (consent orders)
Moreover, if the matter is urgent, you don’t have to attend FDR. The best thing to do in this situation is to seek legal advice from expert family lawyers to settle your family issue.
You may also want to read the Australian Government’s Model Parenting Orders Handbook to help separating parents prepare a clear and practical parenting arrangement that focus on the children’s best interest.
Family Separation Advice: Money and Property Advice
After a breakup, figuring out how to split your assets and finances can be difficult. Property division is usually fair following a divorce, but how it is divided will depend on your particular situation.
Separated couples may settle their property disputes out of court. Court proceedings are expensive, time-consuming, and may not produce a resolution you are happy with. If they choose to do so, they can seek legal advice if they plan to divide their assets on their own.
If they come to an agreement, they can:
- Make an informal agreement.
- Make a financial agreement.
- Get a consent order from the court.
What is a consent order?
A court-approved written agreement is known as a consent order. A consent order has the same legal force and effect as an order rendered by the court following a hearing. It is a low-cost option and it may be free if either of you is on an Income Support Benefit.
What is a financial agreement?
A formal agreement outlining the distribution of your possessions is called a financial agreement. It can be made at the beginning, middle, or end of your partnership. While a court’s approval is not required, financial transactions must adhere to strict guidelines. If you wish to enter into a financial agreement, you must have legal counsel.
Family Separation Advice: Parenting Advice
- Put your children first. When you’re separating, it’s important to put your children’s needs first. This means avoiding conflict in front of them and speaking positively about your ex-partner.
- Maintain a relationship with both parents. Children need to have a close relationship with both their parents. This may be difficult, but it’s important to try to work together with your ex-partner to make this happen.
- Be honest with your children. Be honest with your children about what’s happening. Explain to them that you’re separating and that you both still love them very much.
Family Separation Advice: Emotional Support
- Talk to someone you trust. This could be a friend, other family members you can trust, therapist, or other support person. Talking about what you’re going through can help you to process your emotions and feel less alone.
- Join a support group. There are many support groups available for people who are going through separation. These groups can provide you with information, support, and understanding from others who are in the same situation.
- Seek professional help. If you’re struggling to cope with the emotional impact of separation, consider seeking professional help from a therapist or counsellor. They can help you to develop coping mechanisms and manage your emotions.
What Is the Family Relationship Advice Line?
The Family Relationship Advice Line (1800 050 321) offers guidance on developing workable parenting arrangements and family separation advice about the impact of conflict on children.
Additionally, they also offer telephone-based Family Dispute Resolution for resolving disputes over parenting arrangements. This national telephone service also provides referrals to Family Relationship Centres and other dispute resolution services, as well as a range of other services to help with family relationship or separation issues.
By utilising these resources and taking proactive steps, individuals going through a separation in New South Wales can access the support and guidance needed to navigate this challenging time. However, consulting with a lawyer for family separation advice is the better option because they are experts in this field and can explain to you personalised options.
Consult a Family Law Expert
If you are going through a separation or divorce in NSW, Australia, hire a family law expert so they can give you family separation advice and help you navigate the legal process. Our family law experts at JB Solicitors can help you with a variety of matters, including:
- Division of property and assets
- Child custody and access
- Spousal maintenance
- Domestic violence or family violence
- Adoption
Contact us today and schedule a consultation.
