No one makes the decision to leave a relationship or marriage lightly.
If you are married or are living with your partner, have children, property and assets together, then there are legal and practical implications for ending your relationship which you will need to consider.
It is important to obtain legal advice up-front, ideally even before you have discussed separation with your partner. This is especially true if you are dealing with family violence and are fearful of discussing these issues with your partner.
Our experienced family law team will clearly explain your legal entitlements and obligations if you decide to separate from your partner. We'll help you put together a plan to enable you to separate from your partner in a way that protects your best interests (and the best interests of your children) in the short term and the long term.
How we help
The biggest issues to plan for in the short-term are your living and financial arrangements moving forward. Should you leave the family home? Where will you live? Where will your children live? Can you take money from your joint bank accounts? How will your financial arrangements change moving forward?
You can learn more about these issues and what is involved in separating from your partner by reading our "Helpful Guide to Successfully Navigating Separation and Divorce".
As everyone's relationship and personal situation is different, the answers to these questions are different for everyone. That's why you need legal advice that takes into account your specific situation.
1. Preliminary advice
The best way to get the advice you need is to organise a meeting with one of our family lawyers. At this meeting, we will talk with you about your current situation and relationship. We need to understand the following, in order to provide advice that is best for you:
- Relationship - how long you have been together, when you started living together, if/when you were married and any relationship issues we need to consider (for example, if you are dealing with family violence).
- Children - their ages, schooling, health and your anticipated custody arrangements if you decide to separate. We also need to be aware of any concerns that you may have in relation to your children’s welfare or the other parent’s capacity to care for them.
- Assets - property, cash in the bank, business/company interests, superannuation, shares and other investments.
Our family lawyers will then be able to advise you on:
- What to propose in terms of living and financial arrangements if you do decide to separate from your partner
- How to commence discussions and negotiations with your partner regarding property and parenting issues
- Your likely entitlements and your obligations post-separation
- What to expect moving forward, from a legal and practical point of view.
This meeting will cost $390 (including GST) and take approximately one hour.
2. Negotiating separation and divorce
If you do decide to separate from your partner, you may need further legal support. Our team is here to help you:
- Negotiate agreements about child arrangements and child support, spousal maintenance payments and dividing your assets with your ex-partner and/or their lawyer
- If you are married, legally finalise your divorce
- Divide your joint property and assets and assist you to purchase a new home or re-establish yourself in a new property
- Prepare or update your Will and Powers of Attorney to reflect your new circumstances
- Plan your estate.
Our comprehensive, supportive and results-oriented approach is why our clients chose us for this important work.