If you are searching for separation advice, you are likely facing one of the most stressful and uncertain periods of your life. Questions about your children, finances, property and future can quickly become overwhelming.
While every family is different, taking the right steps early can help you avoid costly mistakes, reduce conflict and place yourself in the best position moving forward. This guide outlines some of the first things you should consider after separation.
1. Take a Breath and Avoid Rash Decisions before receiving Separation Advice
The period immediately following separation is often highly emotional.
It can be tempting to make major decisions about your children, finances or property immediately. However, one of the most important pieces of separation advice is to avoid making significant decisions before understanding your legal rights and obligations.
Where possible, take the time to gather information, understand your options and develop a strategy before taking action.
2. Prioritise the Safety of You and Your Children
If there are concerns regarding family violence, threats, intimidation or safety, seek assistance immediately.
Your safety and the safety of your children should always come first.
Depending on your circumstances, legal protections may be available, including Domestic Violence Orders and urgent parenting applications.
If you are unsure about your options, obtaining legal advice as early as possible can help you understand the protections available to you and your children.
3. Record the Date of Separation
The date of separation can become an important issue in family law matters.
It may affect divorce applications, property settlement time limits and other aspects of your matter.
Make a written record of when the separation occurred and, where possible, keep any communications that confirm the separation. This can help avoid disputes about when the relationship ended.
4. Gather Financial Information
One of the most practical pieces of separation advice is to gather financial information as early as possible.
Consider collecting copies of documents relating to:
- Bank accounts;
- Credit cards;
- Superannuation;
- Tax returns;
- Property ownership;
- Loans and liabilities;
- Business interests; and
- Investments.
Having access to accurate financial information can save significant time, money and stress later in the process.
5. Consider Interim Arrangements for the Children
If children are involved, consider practical arrangements for their care and wellbeing.
This may include discussions about:
- Where the children will live;
- Time with each parent;
- Schooling arrangements;
- Medical issues; and
- Communication between parents.
While these arrangements may be temporary, establishing some structure early can help provide stability for both parents and children during what is often a difficult transition.
6. Avoid Hiding, Selling or Transferring Assets
A common mistake people make after separation is attempting to move, hide or dispose of assets.
Family law requires parties to provide full and frank financial disclosure.
Attempting to hide assets can have serious consequences and often creates additional legal costs, delays and conflict. It is generally far better to approach financial issues transparently and obtain advice about your legal position.
7. Seek Legal Advice Early
Many people wait until a dispute has escalated before obtaining legal advice.
In our experience, some of the most valuable separation advice is obtained at the beginning of the process rather than in the middle of a conflict.
Early legal advice can help you:
- Understand your rights and obligations;
- Avoid costly mistakes;
- Identify potential risks;
- Develop a strategy for moving forward; and
- Make informed decisions about your future.
It can also provide peace of mind during a period when uncertainty is often at its highest.
8. After getting separation advice, Develop a Strategy
Every family law matter is different.
The right approach for one person may be entirely wrong for another.
A good family lawyer will help you understand your likely legal entitlements, the risks in your matter, the options available to you and the practical steps required to achieve a resolution.
Good separation advice is not simply about understanding the law. It is about understanding how to move forward in a way that aligns with your goals and circumstances.
Final Thoughts
Separation is rarely easy. However, taking the right steps early can make a significant difference to the outcome of your matter.
The right separation advice at the right time can help you avoid unnecessary stress, reduce conflict and make informed decisions about your future.
While every situation is unique, understanding your rights, obligations and options early will place you in the strongest possible position moving forward.
Need Separation Advice?
If you are on the verge of separation but you are not sure where to start, contact us today for separation advice, before things hit the fan, to book a reduced rate initial consultation with one of our family law experts to have a confidential discussion about your individual circumstances. In your reduced rate initial consultation you will receive advice about your situation and a strategic plan that enables you to make smart decisions following separation that save you money and emotional stress.
Be one of the 5% who come to us prior to separation for separation advice. It is those people who we can help the most by giving them strategically advantageous advice to avoid a conflict in the first place.
Let us help you to move on with your life with the least possible financial, emotional and time costs.
