Things to consider when you separate

There are so many questions that arise when you separate.  How do we separate our assets?  Who do the children live with?  Do we need orders?  The house is in the other person’s name, does that mean I don’t have any entitlement to the house?  When do we apply for a divorce?

Separation is a highly emotional time.  With the stress involved, it can often be difficult to see the way forward.  It’s not easy to address legal issues when you’re just trying to cope. 

The best approach is to speak with a lawyer.  Even if you believe you’ll be able to work things out with your ex-partner, it is best to know what your entitlements are, what issues you should consider and obtain some advice.  You can then negotiate with an understanding of what needs to be taken into account.  There is definitely strength in knowledge.

If you make an informal agreement and don’t have orders in place, this can cause problems later.  Often situations change, for example when new partners enter the picture, or one person decides to move and wants the children to move too.  With orders in place, you have some protection against these changes affecting your parenting arrangements or your finances.

There are time limits to consider.  Property applications are required to be filed within 2 years of separation if you were in a de facto relationship, or within 1 year of divorce if you were married.  You can’t apply for a divorce until 12 months after you separate.  People sometimes don’t worry about obtaining a divorce.  We recently had a client whose former spouse made an application for a division of property 10 years after separation.  As they had not divorced, this was possible.  Needless to say, our client was shocked. 

There are exceptions to the time limits in some circumstances.  

We offer an initial 20 minute telephone appointment at no cost, so there is no expense in gaining some information before moving forward.  We can also advise you on a variety of services available to assist you, including mediation services, parenting courses and counselling.