Separation can raise a lot of questions very quickly. What happens to the family home? How should parenting arrangements work? What happens to joint accounts, debts or other assets? And if you and your former partner are getting along, do you actually need a lawyer?
You don’t necessarily need to wait until there is a dispute to seek legal advice. Speaking with a family lawyer early can help you understand your rights, responsibilities and options before making decisions that may be difficult to change later.
Do You Need A Lawyer If The Separation Is Amicable?
Not every separation leads to conflict or Court proceedings. Many couples are able to agree on parenting, property and financial arrangements themselves.
Even where things are amicable, legal advice can still be useful.
A family lawyer can help you understand whether the agreement you have reached is fair, whether it should be formalised and whether there are any legal issues you may not have considered.
This is particularly important where the agreement involves property, superannuation, financial support or parenting arrangements.
What Issues Should You Get Advice On Early?
Every separation is different, but early advice can help provide clarity in several areas.
Parenting Arrangements
If you have children, you may need to decide where they will live, how much time they spend with each parent and how important decisions will be made.
Where parents agree, they may document arrangements through a Parenting Plan or Consent Orders. If agreement is difficult, family dispute resolution or legal advice may help identify the next steps.
Property & The Family Home
The family home is often one of the biggest issues following separation, but it is only one part of the broader property settlement.
A property settlement should include all assets and liabilities of a marriage/relationship including:
- Savings and bank accounts in joint or either name;
- Properties registered to only one party;
- Superannuation;
- Businesses and trusts that either party have an interest in;
- Shares and investments;
- Vehicles;
- Mortgages and other debts.
There is no automatic 50/50 split, and whose name appears on an asset does not necessarily determine the final outcome.
Joint Accounts & Debts
Separation does not automatically end your financial connection with your former partner.
You will continue to have a legal interest in joint mortgages, loans, credit cards and bank accounts until arrangements are formally changed, even if your name or your former partner’s name is removed from an asset or liability.
Financial Agreements
If you and your former partner reach agreement about property or finances, it should be legally formalised through Consent Orders or a Binding Financial Agreement. These documents formally sever the financial relationship between you, as well as options for enforcement where one party does not do what they were meant to do.
Informal arrangements may not provide the same certainty or protection.
When Is Legal Advice More Urgent?
There are some circumstances where you should seek legal advice immediately.
These can include concerns about:
- Family violence
- Sole occupation of the former matrimonial home
- Assets being sold or transferred without agreement
- Money being removed from joint accounts without agreement
- Relocation or proposed overseas travel with the children
- If you receive Court documents
If you are unsure whether a situation needs urgent action, speaking with a lawyer can help you understand your options.
Do You Have To Go To Court After Separation?
Most of the time, parties do not need to attend court following separation. Depending on the circumstances, matters may be resolved through:
- Direct negotiation
- Solicitor-assisted negotiation
- Mediation/Family dispute resolution
Once agreement is reached, it can be formalised by Consent Orders or a Binding Financial Agreement. Neither of these requires court attendance by the parties to a matter.
Court proceedings may be required where parties cannot reach agreement, where urgent orders are needed, or where there are more complex legal issues involved. If you are legally represented, a lawyer will prepare your court documents, and you will not need to speak in court unless your matter reaches a trial and you are required to give evidence.
When Is The Best Time To Speak To A Family Lawyer?
You can seek legal advice at any stage of separation, including before making major decisions about property, finances or parenting arrangements. Early advice can help clarify your position and make the next steps easier to navigate.
If you have separated or are considering separation, Cornish Lawyers’ family lawyers in Geelong can provide practical advice on divorce, parenting, property settlements, financial agreements, child support and spousal maintenance.
