Separation can be a distressing and upsetting time. There are a range of personal, financial and legal issues to consider at the time of separation. Whether you are thinking about separation or are going through the process of separation, you should obtain legal advice at the earliest possible opportunity. Generally, people are under the impression that an application for divorce is all that needs to be done. This is not the case at all. A Divorce Application will merely officially demonstrate that you are no longer married. However, there are a range of other issues that you may need to consider:
- How you will support yourself after the separation;
- Where you will live – who will stay in the house or property (if any); and/or
- What will happen to your children (if there are children of the relationship).
Our Family Lawyers have extensive experience in separation matters and can provide you the advice you require in a timely manner and provide competent, technical and experienced legal support during this difficult time.
How you will support yourself after the separation?
Consider this as a hypothetical example. You are thinking of separating and currently you live with your partner. You do not work and have not worked for a number of years. The first question that comes to your mind is: how am I going to support myself? There are a number of factors that will need to be taken into account. You may be entitled to spousal maintenance or an immediate release of cash or equity from a matrimonial property, by way of interim property settlement, pending finalisation of your property settlement. There are options may be available to you, depending on your circumstances. You should seek legal advice immediately and without delay.
Where will you live?
Again, the following is provided by way of hypothetical example only. The house you currently live in is a product of your relationship. You bought the house by joint financial contributions. Did you know that you can immediately apply separately to the court for a property settlement? Did you know that, depending on your circumstances, you may be able to immediately seek orders for the sale of the matrimonial property or for a release of some of the available cash to you (and your partner), so that you can make immediate financial arrangements? Did you know that if your partner is dissipating assets or disposing of assets negligently, then depending on the circumstances, you may be able to seek orders restraining this from occurring? During a property settlement, the court will look at many factors, including all the financial and non-financial contributions of each party. If you have bought a house together, the court may order that the house be sold and remaining proceeds to be divided between the parties. If this happens, the question remains as to where you will live after the separation. There is the possibility that both parties come to an agreement and decide that one party may be able to keep the house or continue to reside in the house, until sold. There are a range of options that may be available and it is important that you speak to a Family Lawyer and decide the best possible course for you.
What will happen to the children of the relationship?
A separation can be made more complicated when there are children of the relationship. Again, the following is provided by way of hypothetical example only. The parents are going through a distressing time and now have to decide on parental arrangements. An application seeking orders for parenting arrangements must be filed and this will detail the living arrangements for the child or children of the relationship. Under the legislation, there is a presumption for equal parental responsibility which means, prima facie, that both parents will have equal responsibility and equal time with the child or children. However, the court will also take into account practicality and whether equal time with each parent is in the best interests of the child, given the circumstances. For instance, if the parents live two (2) hours away from each other, it may not be in the best interests of the child to be moving between the parents. A Family Lawyer can provide you with the advice you need to determine the best result for you and your children.
The Family Lawyers at Navado Lawyers & Solicitors have advised on separation matters for many years and deliver intelligent, expert advice and these times of difficulty and separation. If you wish to make an appointment to see us at our head office in Sydney CBD, contact us by telephone on (02) 9233 4048 or send an email to firstname.lastname@example.org. Alternatively, we may see you in one of our branch offices located in the Sydney metropolitan area. For a complete list of our branch offices, please peruse our "Locations" tab.
This webpage (and any material or wording appearing on this webpage) is provided for general information purposes only and does not constitute any Legal Advice. It does not take into account your objectives, your instructions or all of the relevant facts and/or circumstances. Navado accepts no responsibility to any person who relies on the information provided on this website. We further refer you to our Disclaimer.
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