Whether planned or a surprise, relationship breakdowns are seldom easy. Seeking legal advice early can help you know your rights and ensure you focus your effort on what is important as you can begin to work through this process. We provide effective, practical family law advice to help you reach workable outcomes and move forward. Whether your separation is agreeable or hostile, our team will guide you through the complex legal issues towards a clear pathway. We take the time to consider your individual circumstances to ensure you receive tailored advice.
Separating from your Spouse or De Facto Partner
Regardless of how you are feeling about your separation, here are some practical points you may wish to consider:
- Prioritising your children’s best interests in decisions that impact them – putting aside differences of opinion to find arrangements that cause the least disruption for your children and, where possible, supporting them to have a meaningful relationship with both parents, provided this is in their best interests. If your matter involves risk issues such as domestic violence, child abuse and neglect we suggest you arrange an appointment to discuss your options. For assistance with Child Protection involvement, call us.
- Prepare a list of assets and liabilities – property, shares, investments, bank accounts, superannuation, mortgages, and loans. You should include in this what assets and liabilities you had when your relationship commenced and at the time of separation. It is also important to think about what assets that might need protection for example sums of cash in bank accounts, houses or valuable property in one parties name, if you have any of these, we suggest you seek immediate legal advice.
- Locate and secure important documents like passports, marriage certificates, birth certificates, and insurance policies.
- Keep your assets insured – your home, other real estate, motor vehicles, etc.
- Update login credentials and passwords for online accounts – banking, superannuation, email, social media platforms, etc.
- Contact Centrelink Services Australia to find out whether you are entitled to government or other assistance.
- Contact your bank about joint loan and savings accounts, credit cards, and discuss any financial/banking account security or concerns
- Keep a record of timelines and events, date of separation, etc.
- Get legal advice to protect your interests and review or make a new Will.
Property Settlements
The breakdown of a relationship is a stressful and upsetting event. During such an emotional time, deciding how to value and divide the assets and liabilities acquired during your relationship can be overwhelming.
Even if you separate on reasonable terms, it’s important that any agreement concerning your property is fair and that the arrangements are formalised so they are legally binding. Independent legal advice is essential.
We can help you reach a fair property settlement that takes into account a holistic review of your assets and liabilities, your contributions to the relationship (financial and non-financial), and your future needs.
We can assist with your negotiations to ensure that your rights are protected and that you achieve a fair outcome, usually without having to go to Court.
Parenting Arrangements
Children’s matters post-separation can be settled informally or formally. The best interests of the children will be the paramount consideration in all cases.
A parenting plan is an agreement about matters relating to the care and maintenance of children. The plan is recorded in writing, dated, and signed by the parties. Parenting plans are not legally binding; however, if you feel you need more formality, you can ask the Federal Circuit and Family Court of Australia to make your parenting plan into binding orders.
If you are unable to agree on parenting arrangements for your children, you may need to ask the Court to decide. Before applying to the Court, and unless extenuating circumstances exist (for example, family violence or child abuse), the parents will need to attend Family Dispute Resolution (FDR) conducted by a qualified Family Dispute Resolution Practitioner.
The purpose of FDR is to assist the parties in reaching an agreement for their children’s care without resorting to litigation. If an agreement cannot be reached, or one of the parties does not attend FDR, a section 60I certificate is issued. This must accompany an application to the Court for parenting orders
If you are looking for a Family Dispute Resolution Practitioner, contact Relate Mediation on 07 3463 3733 or email [email protected].
If you need legal help, call Relate Legal on 07 5211 4040 or email [email protected].
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Let’s find a resolution together. Book your free consultation to discuss your unique needs today.