Are you looking for divorce and separation advice? It’s important to understand the legal process and rights if a person is separating from their partner. When considering separation, the first step is to agree on matters such as:
- Living arrangements. This may include who will stay at the family home or if you consider staying separated but living in the same roof.
- Finances and assets. This may include decisions about how to separate assets, identify liabilities and financial resources, and pay remaining debts or mortgage.
- Parenting arrangements. A divorce or separation can have serious impacts on children. It is necessary to prioritise children during the separation process. This may include making considerations like who and where the child will live and how child turnovers will work.
Indeed, it is a stressful and emotional time for separating couples. However, with the right advice and support, separating couples can confidently make informed decisions. Read this article to know more about separation advice from family lawyers.
What Does the Law Say?
Divorce: Divorce is the formal legal ending of a marriage. Australian law does not consider whose fault it is that the marriage broke down when assessing a divorce application. Rather, the only legal requirement for getting a divorce is the ‘irretrievable breakdown’ of the marriage. Section 48 of the Family Law Act 1975 states a separation of at least 12 months is required for a divorce.
Separation: Separation can be a complex and challenging process, and couples in Australia may face a range of issues during this time. In fact, Section 49 of the Family Law Act states that couples are still separated even if one spouse started the separation.
Property Settlement: It’s also important to discuss property settlement in this article about separation advice. Property is divided on the basis of a four-step process. The process involves:
- Identifying and valuing assets and liabilities
- Assessing contributions made by each party
- Considering future needs; and
- Determining a fair and equitable division of property.
Parenting Arrangements: When parents separate, they need to make arrangements for the care of their children involved. The best interests of the child are the most important consideration when making parenting arrangements. We have an article about Section 60CC of the Family Law Act which outlines the child’s best interests in more detail.
Parents are encouraged to reach agreements on parenting arrangements through negotiation or mediation. If separated parties fail to reach an agreement, they may opt for court proceedings. Children’s Contact Services provides a safe child-focused environment in which children can be handed from one parent to the other without the parents meeting.
FAQs About Separation Advice
Q: What is the difference between separation and divorce?
A: These two terms may seem similar at first. However, there are some differences in the context of family law matters. Separation is the process of ending a relationship and living apart from your partner. On the other hand, divorce is the legal process of ending a marriage. You can be separated without being divorced.
Q: Do I need a lawyer to separate?
It is highly recommended that you seek legal advice to understand your rights and obligations. This is the case especially if you have unresolvable disputes with your ex-partner or ex-wife. Lawyers are professionals who can provide necessary divorce and separation advice.
Q: How long do I need to be separated before I can apply for a divorce?
A: You need to be separated for 12 months before you can apply for a divorce. Section 50 of the Family Law Act also discusses the “resumption of cohabitation”. Cohabitation usually occurs in de facto relationships.
Q: Mediation may be applicable for which family law issues?
A: Mediation or family dispute resolution can be used to resolve a wide range of family law issues, including:
- Child custody and visitation
- Child support
- Family violence or child abuse
- Spousal maintenance
- Property settlement
- Prenuptial and postnuptial agreements
Steps to Take When Separating
If you are considering separation, there are several separation advice tips you should take to protect yourself and your interests. These include:
Agreeing on a Date of Separation
This is the date when you and your partner decided to end the relationship. It is important to agree on this date, as it can affect your legal rights and obligations. This date is important because it is used to calculate any time limits you have to bring a property settlement claim and make a divorce application. This date will also be used for any claims made to Centrelink, Medicare and the Child Support Agency.
Change Passwords and PINs
It is important to change your passwords and PINs to protect your personal and financial documents and information. Separating couples should sort out finances, including bank account statements, credit cards, and loans. This is an important piece of separation advice especially you have large sums of money and savings in our accounts, and if you have not had an amicable separation.
Stay in the House
If possible, it is best to stay in the family home until you have agreed on living arrangements. If you decide to leave the family home, take what you need or want to keep. You should take all your personal documents, including your:
- Passport
- Birth and marriage certificate
- The relationship’s financial documents
- Your children’s birth certificates; and
- Passports.
If there is domestic violence involved in the separation, please contact your local authorities and a family lawyer.
Arrangements for Children
It is important to agree on arrangements for your children, including where they will live and how much time they will spend with each parent.
Consider Mediation
Mediation can be a useful way to resolve disputes and reach agreements without going to court. Family lawyers generally provide this separation advice, because:
- It is less costly
- It is less formal as compared to court proceedings
- There is enhanced communication between separating parties
- It helps discover the underlying issues between separating parties
Apply for a Divorce
If you are married, you may need to apply for a divorce after you have been separated for 12 months. You may apply for a joint or sole application for a divorce.
Seek Legal Advice
It is important to seek legal advice from an experienced family lawyer to understand your rights and obligations.
Expert Divorce and Separation Advice
Family lawyers can provide the best legal advice on family law because they have a deep understanding of it. Complex issues can arise during a separation and they are always two steps ahead when resolving them. Here are some benefits of working with JB Solicitors on family law matters:
- Experience: JB Solicitors has a team of experienced and compassionate family lawyers. We can provide you with comprehensive and up-to-date advice on all aspects of divorce and separation.
- Expertise: JB Solicitors has a deep understanding of the law and the complex issues that can arise during a separation.
- Compassion: JB Solicitors understands that divorce and separation can be a very difficult and emotional time for everyone involved. We will work with you to minimise the stress and conflict through our family mediation services.
- Results: JB Solicitors achieves the best possible outcome for our clients. We will work tirelessly to protect your rights and interests.
Contact us if you need more divorce and separation advice from the best family lawyers.
