Getting together is easy but separation is not. Separation usually occurs after a relationship comes to an end. Separation and divorce are different things. If there was a marriage a 12-month period of separation needs to occur prior to the court granting a divorce. It can still be deemed separated despite living in the same property if the conditions of separation occur and there are no prospects of reconciliation.
You do not need to wait for 12-months or be granted a divorce to arrange your children and property arrangements following separation.
Post separation considerations are usually the same whether it was a de facto or marriage. There are many questions that you may ask following separation which include but are not limited to:
- Who leaves the property?
- Who takes the children?
- Can I or he/she live in the property now and change the locks?
- Can he/he take the children?
- Who pays the rent or mortgage?
- Can I or he/she draw money from the joint bank account?
- How do I survive financially?
- How much am I and how much is he/she entitled to?
- What happens with the living arrangements?
The list goes on.
It is recommended to obtain advice prior to making any decisions that may affect your future life, living arrangements and/or property settlement. This can occur after separation and can be done without “fighting” or appearing in court. Settlement can occur via Consent Orders.
We can assist you by advising you on:
What separation means, where you stand, can you take the child, court considerations for property settlement, options before court, options during and after court, the process and costs associated with court.
We can also engage with the other party and invite them to participate in a Mediation or by making a proposal. There is a duty to attempt to achieve settlement first without proceeding to court which must be just and equitable and in the bests interests of the children.
Whilst the emotions are running high it is important to be calm and practical following separation as the steps you take may be used against you if found to be unreasonable. It is also important to consider that may have a negative effect on your children. For example, living arrangements regarding children must be in the bests interest of the child and taking steps you take out of emotion may contradict those interests which may ultimately effect child custody and the children(s) future.
Contact one of our lawyers now for straight forward and initial free advice to help ease your concerns and give you the answers you need to start organising your post-separation arrangements.