Pre Seperation Advice 

Family Law

If a person is thinking of separating from their husband, wife, or de facto partner, one may be worried about the legal position. Pre-separation advice is a service our dedicated Family Law team offers to let people know where they stand legally before deciding to separate. 

No two lives are the same. So, it is essential to get professional legal advice tailored to their possible separation. It includes finding out about one’s legal rights and obligations and getting advice about what to do and what not to do in their situation. The consultation and our advice are entirely confidential to individuals. It might be intimidating to start the separation after a long relationship, especially if kids are involved. 

Stress is often caused by not knowing what a person doesn’t know. Even if people are not 100% convinced that they can or will go through with the separation, it is crucial to recognize the value of discretely seeking confidential legal advice on Family Law while considering separation. It creates a far better position to negotiate the terms of property settlement and/or parenting arrangements if one is knowledgeable about rights (see Property Settlement). 

Making this choice is challenging because there might be solid reasons for people to stay in their homes and perhaps maintaining the children’s schedule or closeness to home, employment, and friends. However, the conflict they are experiencing may be too much for them to handle. Or perhaps they are abusive, in which case one should leave. Pre-separation guidance should cover legal alternatives as well as the effects of any decisions one makes at that time. 

Everyone finds separation unpleasant, but kids are particularly at risk. Take some time to consider how children will be affected by the separation. What steps can be taken to prepare them is one of the crucial questions that should be answered beforehand. How do I or should we inform them? What alterations would our separation bring for them? Getting guidance prior to splitting up might help organize the process and lessen the impact on any children involved. 

Counselling can assist couples in regaining intimacy, improving communication, resolving trust issues, and putting conflict-resolution techniques into practice. A counsellor can assist in determining whether divorce or separation is the best solution for troubles or whether they may be resolved amicably. A counsellor can help ensure that the separation is done amicably and compassionately by offering emotional and practical strategies to ease the transition into separate lives if counselling cannot resolve the concerns.  

If like in the case of many individuals, there are financial ties in a relationship, the person should think about how to untangle them. What must I do to break my financial dependence on my partner?  

Determine whether the relationship has broken down in the first place or if the issues can be fixed. Remember that once the separation process has started, it cannot be simply “reversed.” It is strongly advised that the person seek marriage, family, or individual counselling if they are undecided about separation. If things are not settled, there is the option of divorce. The Family Court handles divorces, and our lawyers are well-equipped to handle simple and complex cases. 

Contact us if you need some help.

If you would like to learn more about what was discussed in this article, or if you want some legal assistance. Please feel free to call us direct on 1300 706 490 or contact us below to send a message.

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