It's Not Easy...
Separation is always a difficult time in a person’s life. Perhaps you have been having problems in your relationship, and discussing those problems with a trusted friend or family member.
You might be at a point where you are now considering getting legal advice.
Too often people stick their head in the sand and wait until there is a crisis before they decide to take action. So if you are considering getting legal advice before you make the decision to separate, congratulations – this shows you are being proactive and trying to take control of the situation before it takes control of you.
Whether you decide to separate or not, it is always a good idea to know your rights, your options, and where you stand if you or your partner does ultimately decide to end the relationship.
5 BENEFITS OF GETTING LEGAL ADVICE EARLY
Seeing a lawyer doesn’t mean you’re about to start World War III. Getting legal advice early can help you make informed decisions about your separation.
Getting legal advice can give you clarity about the law and the legal process, and improve your chances of avoiding a stressful and expensive Family Court battle.
You may not have been through a separation before. You may not know where you stand, where to start or what to do. It is normal to feel overwhelmed by the situation.
Speaking to an experienced family lawyer is often the first step to get clarity about your rights, your options, and what to do next.
If you and your partner are amicable, then an experienced family lawyer can advise you about your options for making an agreement.
If you and your partner are not so amicable, then an experienced family lawyer can advise you about the various options available to you for resolving the matter.
A family lawyer can also help prepare you if you do need to go to court as a last resort.
Sitting down with a lawyer for an initial meeting will give you important information such as:
- What a fair division of the assets of the relationship looks like, how much you should get, and how much your partner should get.
- How parenting arrangements for children under 18 are determined, and how much time you and your partner should be spending with your children.
- The process for making an agreement with your partner legally binding.
Sitting down with a lawyer can also help answer questions you might have, such as:
- How do I divide superannuation interests?
- Who gets to live in the family home after separation?
- If my child gets sick, who makes the decisions regarding medical care?
- What do I have to do if I want to take my child overseas?
- What are my options when it comes to child support?
- How much time should my kids be spending with me and my partner?
- Do we need to sell the family home or can one of us buy the other out?
- Who pays the mortgage?
- If my partner and I cannot reach an agreement, how do we resolve our family law issues?