Separating from your partner, usually brings with it a multitude of issues that need to be resolved.
The questions that are often foremost in the minds of individuals who have just separated or are contemplating separation, include:
- Who is going to pay the mortgage or the rent?
- Where are we each going to live?
- Who will the children live with?
- Who gets to stay in the house?
- Will we need to sell the house?
- How will I have enough money to support myself and/or the children?
- Do I need to become divorced before a property settlement?
- Do I have to share or divide my superannuation?
- What happens to the money I inherited – are they entitled to that?
- How much is this going to cost?
- How long will this all take?
The above list is not exhaustive. Separation and divorce nearly always impacts on lives at every level. There is a common thread of concerns and questions amongst separated couples, however the answer or solution is often very different for different couples because the circumstances of every family is unique.
One of the most important things you need to do if you have separated or are contemplating separation is to become informed and gain knowledge of the best steps to take in your individual circumstances by obtaining family law advice from a family law specialist. Whilst family and friends can provide amazing support, what occurred in their case or their friend’s case, may not be applicable to you. Every matter is different.
You do not need to be divorced to resolve future parenting arrangements or to reach an agreement on, or negotiate property and financial matters. To become divorced you need to have been separated for more than twelve months. However decisions and agreements can be made in relation to property and assets and future parenting arrangements straight after you have separated. Indeed, the best time to resolve a property or financial settlement is often soon after separation.
Family and financial security are two of the most important things in life. When help is needed in those areas as a result of separation, it is important to get specialised family law advice. The process of separation can be daunting and scary. The best first step is to empower yourself by becoming informed. You can then make sound decisions.
At Doolan Callaghan Family Lawyers our team of Accredited Family Law Specialists demystify the law and take a practical approach in advising our clients on where they stand, their rights and obligations and the various options available to them to resolve matters and move forward in a cost effective manner.
Deborah Callaghan