I’m thinking about separating. When should I speak to a lawyer?
The prospect of separating from your partner, particularly if you have been in a long relationship, is a daunting and major life event. There are many reasons people stay in unhappy relationships and the added thought of navigating the family law process can be overwhelming. It is little wonder that many people don’t know where to begin to untie the knot.
Seeking legal advice early can help you to understand:
How children are considered in family law matters and how their best interests are determined;
How property may be divided in your particular circumstances;
When you can apply for a divorce;
Time limits for initiating property proceedings;
The effect a new partner may have on your property settlement; and
How assets acquired post-separation may be treated in a family law property settlement.
Understanding these concepts can help you make an informed decision about your separation and if you choose to separate, may even assist you to have initial conversations with your partner in an attempt to resolve your family law dispute amicably. Your lawyer can then document an agreement between you and have the agreement made as consent orders or if you can’t agree, your lawyer can assist negotiations or file an application with the Court.
We can also put you in touch with our wider professional networks of financial advisors, accountants, counsellors and psychologists so that you have all the tools you need to navigate your family law matter and stay in control of decisions that affect you in what is often a very difficult and emotional life change.
If you are leaving a relationship where there has been family violence, we can help you to develop a safety plan and put you in touch with family violence services to support and help you to leave the relationship safely. We can also assist you to obtain a Family Violence Order in the ACT Magistrate’s Court or an Apprehended Domestic Violence Order in the NSW local courts.
It’s never too early to speak to a lawyer about your separation or potential separation. Contact us to find out more and to book an initial consultation with one of our experienced and professional family lawyers.