First, we would suggest that you immediately seek legal advice from a solicitor that primarily practices in the Family Law area. We have five (5) family lawyers at the Tonkin Legal Group including our managing partner, St John Heath, who is an Accredited Family Law Specialist.
The main issues to consider if a separation is imminent (or has occurred) are the following:
- Your personal safety – do you require an Intervention Order?
- Your living arrangements – do you vacate the relationship home?
- Work issues – if you and your former partner work together, or run a business together
- What is to happen with care of children
- What are the interim financial arrangements going to be i.e. who will pay the mortgage, bills, children’s expenses etc, pending an overall settlement.
As family lawyers we can assist you in working through the above issues, and to strategise how best to approach these issues.
Your personal safety
If there is family violence present in your relationship, then any such violence should be reported to the police and an Intervention Order obtained. An Intervention Order is an Order of the Court that can protect you from any further violence. Children can also be placed on the Intervention Order.
It’s important to remember that family violence can involve coercive and controlling behaviour, constantly being put down by your partner, physical violence, and even financial abuse, i.e., not allowing you to access money.
In any separation, communication usually becomes strained, especially if there has been family violence. If possible, and safe to do so, it may be best to agree on a method of communication, whether that be by way of text, email, and/or direct discussion.
Living Arrangements
In most separations living arrangements can become difficult. This is made even harder if you remain living under the same roof. Most lawyers will advise parties to remain in the former matrimonial home. However, if your safety and/or your health are compromised, then you should vacate. Vacating the home does not impact upon your legal entitlements to the home.
Work
In the event that you and your former partner run a business together, or if you work together, then there needs to be an arrangement put in place to enable the business and/or work arrangements to continue, if safe to do so and appropriate.
Children
It is imperative to, where possible, shield the children from any conflict in a potential separation, and to remain child focused. The Family Court’s overarching principle is “the best interests of the children”. If you have been the primary carer for the children during the relationship, then generally that arrangement will be continued beyond separation.
Finances
In the event of the separation, it’s important to ensure that your financial needs are met in the short term. This may require you to access funds from a joint bank account to assist you with paying day-to-day expenses, legal fees, and the costs of any children related expenses.
Arrangements will also need to be made for who pays the mortgage (if any) and any other major day-to-day expenses.
Mediation
It is possible to mediate regarding all of the above issues, or to engage a solicitor to negotiate these arrangements on your behalf.
Ultimately, if the parties can’t resolve the above issues between themselves, then the matter may need to proceed to Court – however that would be the last resort.
After any separation, it would also be an appropriate time to review your Will and/or Power of Attorney and to change the Beneficiary in your Superannuation fund.
St John Heath is a partner of the law firm, Tonkin Legal Group, and is an Accredited Family Law Specialist.