Marriage Separation or the break down a long term de facto relationship is always difficult
Separation is a major step for everyone. It’s a time when you need help and information. Most people admit feeling the worst they have ever felt in their life.Should you and your partner decide to separate, it is vital that certain immediate decisions will need to be made in relation to the children and your finances.It is at this stage that you should seek legal advice about your situation, and here at LAC Lawyers,our experienced solicitors can guide you through this sometimes traumatic and cumbersome process, as painlessly as possible!
What you need to consider
Once you separate, you and your former partner will need to make some immediate decisions about practical issues about your children and your assets. You may not be able to agree on all these things at the time of separation, but it can greatly help you and your family if you try to reach a temporary agreement.
It is a good idea once you have made the decision to separate to get legal advice. Some of the things you need to consider are:
>> where your children live and who will take care of them
>> how you and your former partner will support yourselves and your children
>> what, how and when you will tell the children, other family members and friends
>> who will pay outstanding bills or debts
>> who will stay in the house
>> how will the rent or mortgage be paid
>> what will happen to any joint bank, building society or credit union accounts
>> what will happen to the house, car, furniture and other property.
You can sort out these issues even before you receive a Divorce. We can help you devise a proposal to give to the other party to avoid having to go through the Court process which can sometimes become a long and tedious process.
Although separated, the parties to a marriage have certain rights and duties. For example, both parents are equally responsible, until the court orders say otherwise, for the care and upbringing of their children. If the parents cannot agree about how the children should be cared for, either parent can apply to the court for orders in relation to with whom the children are to live and have contact with etc.
Children need the continuing care and support of both parents. They will worry less if you can agree about what is going to happen and explain why to them. You both should:
>> reassure your children that you both still love them
>> remember that accepting and dealing with the separation will enable you to better assist your children to do the same
>> allow your children the right to love both of you – don’t make them choose
>> tell your children that they are not to blame and help them to discuss their feelings – they often blame themselves, especially when parents fight about them or things they have done
>> listen sympathetically to your children’s feelings and opinions without judgment
>> talk with the other parent about issues relating to your children
>> make sure your children don’t hear or see you fighting
>> keep your children out of your arguments with or about the other parent
>> be positive about the other parent when talking to your children
>> turn to other adults for emotional support rather than to your children
>> talk with your children’s teachers so they understand the situation,
>> keep your focus on your children’s well-being rather than on what is ‘fair’ for you.
After separating, the parties can divide their property themselves, and have the agreement approved by the court. Alternatively, either person can apply to the court to have the court divide the property.
Talking to friends and family can help you sort out your feelings. There is also trained help available that can assist you and your children cope better with the changes. Legal advice may help you understand the law relating to family disputes and help you understand your legal rights and responsibilities. Why don’t you give us a call because here LAC Lawyers, our experienced solicitors can guide you through this sometimes traumatic process as painlessly as possible!
If you are interested to know something more about Marriage Separation or the break down of a long term de facto relationship is always difficult and Family Lawyers then please visit our website www.laclawyers.com.au
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