The thought of separating from your partner, whether married or de facto, can often be overwhelming. Whilst there are the emotions to overcome, there are also a number of family law aspects of separation that need to be considered.
If you are considering separating from your partner, it is often beneficial to seek legal advice prior to the separation. This can assist you with knowing what is required before the separation occurs.
Otherwise, it is important for both married couples and de facto couples to seek legal advice as soon as possible after separation.
Where parties have children, legal advice can assist you in working through the various scenarios that might be best for your family, depending on the age, development and individual circumstances of your child or children.
There is no one solution which fits all for each family and there are a number of ways that children can have a relationship with both parents. By seeking legal advice as quickly as possible, this should assist in putting arrangements in place for your children as smoothly as possible.
After separation, there are several matters with a financial impact to consider:
The above questions are just a snapshot of the considerations required at the time of separation. An experienced family lawyer should be able to assist you in putting a plan in place to provide some certainty as to your personal financial landscape as you move into this new stage.
In circumstances where there is a breakdown of a marriage, there is a number of legal matters that need to be addressed:
Initiating divorce proceedings alone does not address the remainder of the issues.
Save for de facto couples not needing to go through an application for divorce, the legal considerations of a property settlement, child support and maintenance are the same.
De facto partners, subject to certain qualifying provisions, can now initiate proceedings for property settlement under the provisions of the Family Law Act 1975 (or Family Court Act 2004 in Western Australia) and in many circumstances are treated much the same as married couples.
It is important to note, in Western Australia, de facto couples can still not split their superannuation (current as at November 2019).
Upon separation from your spouse consideration must be given as to whether you need to change your existing Will or have one prepared in circumstances where you do not already have a Will.
There are numerous reasons why it may be critical for you to change your Will upon separation, or have one made:
At Meillon & Bright we can assist you with both legal matters arising from separation and the division of assets, as well as drafting your new Will.
Contacting an experienced family lawyer is a crucial step in securing your future.
Whether you're only just considering separation or in the early stages of separating from your partner, or whether you're needing assistance with:
our team of experienced lawyers are here to help guide you through the family law system.