How To Deal With Separation From Spouse – Family Law Blog Divorce Process in Australia – A Step-by-Step Guide to a Fresh Start

The question most often asked in our initial discussions is: “What should I do now?” Of course, you can call us to discuss this if you want, but this breakdown guide is designed to show you how the process works, how to protect yourself along the way, and what each step will involve.

How To Deal With Separation From Spouse

How To Deal With Separation From Spouse

Separation is the word we use when we stop living together as a couple. There are a few things in this statement that we’ll get to later, but that’s about it.

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So technically you don’t have to be married to break up, but we use this phrase to describe the steps to establish a serious or long-term relationship, whether married or de facto (without too many extra words!) ending in a comprehensive but reasonable way. for all involved.

Important Note – If you or your child is a victim of domestic violence or if you are concerned about their safety, you should seek expert advice to ensure you and your child are safe. Although this article contains general information, it is not written for victims of domestic violence. If you fall into this category we can definitely help you, but it’s best to call us and arrange an emergency phone appointment.

The process of separation begins with the decision by one or both people to end your relationship and stop living together as a couple. Once the decision is made, the conversation will usually follow where you communicate your decision to leave. People convey this in many ways; sometimes through counseling, sometimes through email or letter, and sometimes the couple can sit down and discuss this difficult decision face to face.

Being “separated” does not require either person to accept the separation. As you can imagine, it is quite common that one partner wants to break up and the other does not.

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In some cases, you may have been “separated” and still live under the same roof. This can be complicated for all the reasons you suspect, so we’ll talk more about that below.

The process of separation can begin at any time and does not require a lawyer or a court to make it happen. However, once you have made the decision to break up, it is often a good idea to get some advice at first to make sure that all aspects of your relationship are set up correctly and that you have a new start.

Breaking up is a stressful process. When going through a breakup, it can be hard to know what to tell who, what’s “normal,” and where to get help for the problems you’ll encounter along the way.

How To Deal With Separation From Spouse

Throughout the separation process, everyone will react differently to different events. There will inevitably be some pressure points. For some, it’s worrying about what your financial future will look like, for others it’s thinking about how you’ll treat the dog you bought with them. So it can be useful to think in advance about how you will organize support in the main areas of life and who you will get (and not!)

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While we won’t pretend it’s easy, make sure you consider these things along the way:

One of the key points of contention (or argument) after a break-up will often involve the division of assets or “estates”.

More importantly, you don’t need a divorce to secure a property settlement; A property settlement can be made at any time during the separation process, whether or not you are married or in a de facto relationship.

Ownership takes a very broad meaning when it comes to the separation process; So if you can think of it and it has value, then there’s a good chance it’s a treasure. This, whether placed under a common name or a person’s name, will include:

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Of course, if we take care of your property, we also have to consider your debts, which means:

BUT that said, there are many good reasons why you should get a court order to formalize your agreement.

With the help of your lawyer, you can document your property settlement with your ex-spouse and get an order issued by the Court; This is called a consent order and is made under the Family Law Act 1975 (Cth). As part of the process, the Court will take this decision into account. whether the agreement, in his opinion, was “fair”. Once the agreement is approved by the Court, you have a binding agreement. This is how most people formalize property deals in Australia.

How To Deal With Separation From Spouse

For example, you can reach an agreement that does not completely fit the framework of what the Court will consider fair, or you can reach an agreement that has some unusual aspects that make it difficult to formalize the agreement through a consent decree. If so, the parties can enter into a Financial Agreement under the Family Law Act 1975 (Cth). Think of it as a contract; This is legally binding on both parties but not reviewed by the court and the consequences of failing to honor the agreement is different from the consent decree.

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Although there are other informal options, our recommendation is almost always to formalize your settlement agreement with a financial settlement or court consent order. This ends your financial relationship with your veteran and means you can truly move forward with your new beginning with peace of mind.

Although difficult, the best long-term decisions are often made when parents focus on the best interests of the child in question. We encourage this action, given the significant impact it will have on you.

The fact that you are separated does not mean that one parent can make important decisions and the other cannot.

After separation, the parents of each of our children usually take joint responsibility for the main decisions in our children’s lives (school, health and religion).

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However, sharing responsibilities does not automatically mean that you will spend equal time with your child.

Although lawyers no longer use the word “custody” (but most people do…), many parents believe that the starting point for parenting arrangements is a 50/50 time split.

But there are no hard and fast rules about what arrangements are normal, and parents are free to explore some different solutions for parenting time that can meet the needs of their family in the future.

How To Deal With Separation From Spouse

Once parenting arrangements have been agreed upon, you have several options to formalize the agreement.

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As with the previous property, one option is to get your lawyer to write a parenting agreement (known as a “parenting plan”) that will detail the arrangements you agree with the other parent, which you will then both sign. A parenting plan is probably the most common way for separated families to formalize parenting arrangements. A parenting plan is not legally enforceable, but can be used as evidence of an agreement in court proceedings if necessary.

If you want to have a little more influence on your parenting arrangements (and seek court remedies in the event of a breach), you can ask for your agreed parenting arrangements to be changed to a consent order. Your attorney can help you with this.

Although we have focused here on how to break up with your partner amicably, unfortunately the separation process is not always consensual.

If you cannot agree on some or all aspects of your separation, there are several ways to proceed.

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Before most cases come to court, the parties are often advised to try mediation. This is where an independent facilitator (mediator) helps you and your ex-spouse discuss the issues that are delaying your settlement and encourage you to work towards a resolution. Mediation often, but not always, leads to the resolution of outstanding issues.

If mediation and other negotiations (such as through a lawyer) do not lead to a certain agreement, you can go to Court. Courts are expensive and can take time. Beyond that, you can’t always predict the outcome. But sometimes making the results work for you is the only option. However, you can be sure that in family law, most couples can negotiate property settlement and parenting arrangements directly between them with the help of a mediator or through negotiations with the help of a lawyer.

OK, so you have formalized your ownership agreement and parenting arrangements and are ready to put the past to rest and move on – great!

How To Deal With Separation From Spouse

Of course, you need to make sure you live up to your end of the deal. Things can change very quickly if people are not compliant

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John Pablo

📅 Born: May 15, 1985 📍 Location: New York City 🖋️ Writer | Financial Enthusiast Welcome to my corner of the web! I'm John Pablo—a finance enthusiast and writer passionate about making money matters simple and accessible.

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