Sometimes, people naturally grow apart. Whatever the reason for thinking about separation, it usually requires contacting a family law professional. The decision to separate is not a simple one, and at Easton Legal, we appreciate the time can be intensely emotional and tough. So it is best to seek professional and experienced legal advice to get you through this challenging period of your life.
At Easton Legal, we concentrate on helping you through this period in a supportive manner to ensure you reach an agreeable settlement.
Thinking of separation?
Deciding to end a relationship with your partner is often a tricky decision. If you are considering leaving your partner due to being unhappy or other reasons, then here are things to consider to help you along with the situation.
The decision to separate gets made by a person within a relationship because they have decided to end the association. To qualify for a legal separation, that choice gets communicated to the other party.
Separation is different from a divorce (if the people in the relationship are married) because both people need to be living separate lives (and under the same roof can qualify as separated as well) for 12 months. Then a divorce can get applied for.
Have you discussed your thoughts with your partner?
Starting the conversation and discussion about your thoughts of separation productively is the first step and a positive one, to begin with. It may be a challenging and tricky conversation, but communication is the most crucial part. Set some time aside to start the discussions, and from here, you’ll understand what your partner is thinking and what the next step may be.
Have you looked at all options?
There are options you can seek for help if this decision and time becomes challenging or troubling, such as
- Relationship counselling where a trained professional can support you through the process whether it’s discussing a separation or other matters
- Learning practical communication skills to improve better interaction
- Coaching and support which may help to mend your relationship.
Have you thought about what changes would occur if you were to separate?
With separation often comes many changes, and these should get considered carefully. These changes may affect other relationships in your life, such as family, children and friends.
- Changes to living circumstances
- Lifestyle
- The roles you play in the relationship
- Plans
- Emotional security
- Financial security
There are many developments, factors and also consequences which come with separation, which means it’s a process which must get planned expertly.
Have you sought legal help?
If you’ve never been involved in a separation before and you’re unsure of the process or what’s required, then it is worthwhile speaking to a trained and experienced lawyer.
At Easton Legal, our expert lawyers can disscuss options and legal ramifications of your separation, its circumstances and what is involved during the separation process, and potentially a divorce moving forward.
Read More : Already Separated , Property Settlement
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Thinking of separation?
Are you thinking of separation? Sometimes, people just naturally grow apart, and that is okay! Whatever your reason is for considering separation, we highly recommend seeking legal advice from a family law professional. Obtaining legal advice prior to separation will help you better understand your position regarding financial and parenting matters, as well as the process of divorce if you are married.
The decision to separate is not a simple one, and at Easton Legal, we appreciate that separation can be both physically and emotionally taxing. From the very beginning we will treat your family law matter with sensitivity and guide you through the family law process with professionalism and empathy. We will listen to your concerns, and desired outcome for settlement and advocate firmly on your behalf, ensuring you reach an agreeable settlement.
Things to Consider
If you are considering separation, there are some things to consider.
1. Time Limitations
Financial Settlement (Property Matters)
If you were married, you have one year from the date of divorce to commence financial settlement proceedings in the Federal Circuit and Family Court of Australia (“FCFCOA”).
If you were in a De Facto relationship, you have two (2) years from your separation date to commence financial settlement proceedings in the FCFCOA.
Parenting Matters
There are no limitation periods for parenting matters.
2. Compulsory Pre-Action Procedures
In most circumstances, before you apply to the Federal Circuit and Family Court of Australia you must undertake compulsory pre-action procedures. These pre-action procedures must be undertaken by both parties to the proceeding, unless an exemption applies.
Pre-action procedures require separating couples to:
- Attend mediation (family dispute resolution) and make a genuine attempt to resolve the issues in dispute.
- If mediation is unsuccessful, and parties could not resolve the issues in dispute, you will need to write to the other party with an offer for settlement.
- Comply with the ongoing duty of disclosure.
3. Duty of Disclosure
There is an ongoing duty of disclosure for both parties. This means that each party is required to disclose all necessary documents throughout the entire family law court process. Non-compliance with this duty may negatively impact your position.
Family law is complex and unfortunately can be a drawn-out process. Our specialist family law team at Easton Legal are skilled advocates, dedicated to achieving you the best possible outcome in your family law matter. Here’s a breakdown of how we can help:
- Our team can assist you through the dispute resolution process, by ensuring your desired terms of settlement are strongly put forward to the other party in negotiations.
- If family dispute resolution is unsuccessful, and you wish to proceed to filing an Initiating Application in the Federal Circuit and Family Court of Australia, we can assist you with the preparation of the necessary documents and advocate for you throughout the entire court process.
- If you have been served court documents and are the Respondent in a family law matter, we can help you prepare your Response documents and advocate for you throughout the entire court process.
At Easton Legal, we believe it is important clients understand the process, as well as what is being said to you. As we guide you through the Court process, we will break down the legal jargon and explain to you in terms you will understand so you have better negotiating power.
APPLICATION FOR DIVORCE
It is important to understand that property and/or parenting court proceedings is not the same as divorce. If you are married, and want to legally divorce your husband or wife, you will need to apply to the Federal and Family Circuit Court of Australia separate to your financial and/or parenting matter. This is done by filing an Application for Divorce.
Things to consider:
- There must have been an irretrievable breakdown of the marriage.
- You must have been separated for a period of at least 12 months. You can be separated but living under the same roof.
- If you have been married for less than two (2) years, you must first attend counselling and provide the court with a certificate of attendance.
HAVE YOU DISCUSSED YOUR THOUGHTS WITH YOUR PARTNER
If you are considering separation, the first step to a no or low conflict separation is having an honest conversation with your partner (if safe to do so). Discussing separation with your partner can be productive and positive, if both parties are willing to have a healthy conversation about financial and parenting matters. Communication is crucial and can help you understand your partners thought process and what their desired outcome is for settlement. Set some time aside to start the discussions, and from here, you’ll understand what your partner is thinking and what the next step may be.
HAVE YOU LOOKED AT ALL OPTIONS?
There are options you can seek for help if this decision and time becomes challenging or troubling, such as
- Relationship counselling where a trained professional can support you through the process whether it’s discussing a separation or other matters
- Learning practical communication skills to improve better interaction
- Coaching and support which may help to mend your relationship.
HAVE YOU THOUGHT ABOUT WHAT CHANGES WOULD OCCUR IF YOU WERE TO SEPARATE
With separation often comes many changes, and you should consider these very carefully. These changes may affect other relationships in your life, such as family, children and friends.
- Changes to living circumstances
- Changes to financial circumstances
- The time you spend with the children, including special occasions
- Emotional and financial security
There are many developments, factors and consequences which come with separation, which means it’s a process which must get planned expertly.
HAVE YOU SOUGHT INDEPENDENT LEGAL ADVICE
If you are considering separation, it is crucial you seek independent legal advice from a specialist family lawyer. Separation is a highly emotional time in your life, and the legal process for separation can be overwhelming and confusing. Often clients come to us, distressed because they didn’t seek legal advice and need assistance to undo the “damage” in their family law matter. Obtaining legal advice at the very beginning can help you navigate the process, understand your right and responsibilities, and better understand your position, including what you are entitled to.
Book an appointment with our specialist family law team at Easton Legal today
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