Deciding to separate is usually a challenging and emotional decision. There is usually a lot of uncertainty, especially in the early stages. Every separation is different, with some being quite amicable and others being less friendly. Generally, the first step is to speak to your solicitor to begin navigating the separation process.
Naturally, there are a lot of legal and financial aspects to any separation. Plus, you don't need to be married for things to get a little messy. In Australia, the law regards de facto relationships and marriages quite similarly when it comes to separation. Therefore, you need to understand how assets and debts will be divided, the impact on joint financial accounts and investments, and even immediate living arrangements. Consulting with your solicitor can provide clarity and guidance to make sure any decisions you make are informed and in line with the law.
If children are involved, they will obviously be affected by a separation. Most parents want to ensure the best for their kids, even during a difficult life change. Fortunately, Australian law focuses on the best interests of the children. These involve making decisions about where the children will live, how much time they'll spend with each parent, and who will pay for certain parts of their upbringing. Mutually agreeing on a parenting plan is the best way to proceed, but if this isn't possible, mediation may be an option for many parents and may also be requested by a court.
Separation is undoubtedly not just a legal matter, with genuine human emotions involved at every step. As such, taking care of your own mental health and well-being is crucial. Many support services and counselling options are available to help you during this difficult time. You mustn't punish yourself for needing some support, especially if you have children to care for.
Ultimately, separation is a complicated process involving legal, financial, parental, and emotional aspects, but Scammell & Co Solicitors are here to help.
*This information is current at the time of publication. For accurate legal advice, please contact Scammell & Co on 08 8440 270.
