THINKING ABOUT OR GOING THROUGH SEPARATION?
Family Law Options
Separation and Counselling
Making Separation Amicable
Rights and Responsibilities Around Children
Divorce & Property Settlement
De Facto Separation & Property Settlement
Alternatives to Court
Thinking About Separating?
You can't stop the future. You can't change the past. You can become the change you seek in your life and your family's lives. If you are thinking about separating or if you are talking with your partner about the end of your relationship we can help you understand your family law options and prepare to make the best of things.
Does Separation Have to be a Court Battle?
Separation can often be a difficult time, however, it doesn't always have to be. You can take positive steps to help facilitate your separation and give both yourself and your partner a fresh start. By making the best of things, things will often turn out better.
Our experienced family lawyers can provide you with legal advice and options that can reduce the conflict and help you prepare to deal with the legal issues of separation without having to go to court.
Did you know most family separations are completed outside of the courts? There are many options to resolve your separation including:
Engage our experienced family lawyers to undertake negotiation and settlement out of court.
Undertake Family Dispute Resolution through Relationships Australia.
Attend mediation where we can help you resolve your separation.
Free Initial Consultation With a Family Lawyer
We provide you with a free initial family law consultation with a family lawyer. During the consultation, we can discuss your options for your separation and provide you with general advice and guidance.
Separation can be a difficult time where there is going to be change, feelings of uncertainty and loss, grief for the end of your relationship and a range of emotions. Our family lawyers understand this and provide compassion, understanding and patience.
There are going to be choices that need to be made. We can help make those choices easier by empowering you with information about the law and your options, keeping the costs down, and helping to facilitate the legal elements of separation and divorce.
We can help you avoid court proceedings and resolve your separation through negotiation, mediation and conflict resolution. If family law court proceedings do become necessary, our family lawyers are experienced and can help you through the entire family court process.
Preparing to Separate
Your Wellbeing Matters
Sometimes when we are contemplating separation and divorce or going through the process of separation, it can be easy to lose sight of what is really important. This is usually because of our fear of loss of relationship, fear of loss to our financial resources and feeling insecure. These are normal emotions to feel during separation, divorce and negotiations.
Getting upset about separation is unlikely to get you a better outcome. In most cases, you will only make the same journey more difficult, costly and it could damage your health and well-being and possibly the health and well-being of your family and other relationships.
If you are feeling overwhelmed, lost, angry or hurt we recommend going to counselling. Your wellbeing and health is important and getting a mental tune up during your separation can make a big difference.
Below is our mental health and wellbeing checklist. Can you check at least 3 boxes? If not, you probably need to make your wellbeing a higher priority.
If you are feeling depressed, access help by calling lifeline on 13 11 14 or visit www.lifeline.org.au
Do You Really Want to Separate?
Relationships are complex and so are our feelings. For some couples, this means that they are not really sure about whether they want to separate or not. If you have questions about whether you actually want to separate, then you could consider some options which are outlined below.
Often financial stress can be a catalyst for separation and divorce. Some couples can consider if their financial wellbeing is effecting their relationship and feelings for each other.
For some relationship building hints, see the following link about building healthy relationships.
Money and Resources
When a relationship breaks down one of the most stressful issues is often around money and resources. Here are some practical points that you need to consider when separating:
When you separate one party can move out or you can remain living together separated under the same roof. If you are not getting along, it would be wise for one party to move out.
If someone is going to move out then money will be an important factor. When you were in a relationship, you are likely to have had more money. After separation, you are likely to have less money than before. If one party does not have enough money to pay the mortgage, it would be more practical if that party finds alternative accommodation inline with their resources.
At some point, you are going to have to consider the likelihood that someone will need to buy out the other for the former family home or that the family home will need to be sold.
When separating, you will need to tell your children, family members and friends. Sometimes, children may struggle to understand why you are separating. It is important not to blame your partner or involve the children in adult matters around the separation.
Arguing about separation, even if the other party is responsible will not change the circumstances and it will not help to resolve the inevitable separation that needs to happen. Involving children, in these issues will not help the children to adjust to the change in circumstances. In some cases, involving the children in arguments and fights can cause trauma to the children.
After separation, you will need to consider the living arrangements for the children.