We have done blogs on similar topics and we suggest you have a look though similar blogs on “separations” called “Your partner has told you they are leaving?

When a party to a marriage or de facto relationship decides to separate there are lots of things to consider and to navigate through.  No-one needs to go through this alone. Orr Legal can help you through this process.  Following are some tips to consider.

 

Keep Notes

We suggest that you start off by getting a journal, folder, binder and / or notebook to take down information in. Often when people are in stressful situations, they find it difficult to remember key information or dates. Keeping notes is a great way of keeping yourself organised. Not only will it help  for you to keep all the information and advice in one place but also a place to keep track of dates of when things happen and are to happen.

 

Date of Separation

As we said, keep track of dates, this is very important and important to start from the beginning. The date of separation becomes relevant when you are applying for a Divorce, as the Court needs to ensure that you have been separated for 12 months before a court can grant the divorce.

 

Your Will

Wills are not something that tend to be front of mind for people at the best of times. But in a time of constant change it is important to update your Will. Just as you would update your insurance or registration information when something changes it is important for you to do that with your Will as well. When you first separate, your circumstances have changed significantly. and it is very important that you update your Will to reflect that you have separated, otherwise your spouse or de facto partner may receive an inheritance under your estate if you were to pass away.

 

Property Division

Property law across NSW and Newcastle are in constant change. Often property is the largest asset and most contested portion of a separation. Depending on the length of your relationship, and whether you have joint assets, you may be eligible to claim a property settlement from your spouse or de facto partner. The Family Law Act provides guidance as to the factors required in considering what an appropriate split of the property would be. This can be a complex task, so it is important to seek advice.

 

Parenting

Parents always want to do Best Buy their children first. Stability is something that’s very important for children of all ages. When separation occurs, a lot of the time there is confusion as to what is appropriate arrangements for the care of the children. The Family Law Act provides for the children’s best interests to be of paramount consideration when dealing with parenting issues. This can be a complex task, so it is important to seek advice.

 

Negotiations

The entire separation process will be one large negotiation. If at any point in the process negotiation is not smooth and fluent, we suggest that you contact Nichole Orr from Orr Legal right away. Your lawyer can assist you in engaging in negotiations regarding property and children with your former partner. This process can include financial disclosure where the parties provide each other with information such as funds in bank accounts, credit cards, tax returns, superannuation statements and many others. This process assists in determining what the value of the pool is to distribute.

 

Formalising your Agreement

When negotiations are successful, prepare Consent Orders or a binding financial agreement to formalise your agreement. These documents provide for the ending of the financial relationship between the parties. There are many benefits to having your agreement formalised by way of Consent Orders or a Binding Financial Agreement.

 

Family Dispute Resolution

Sometimes, parties elect to negotiate their property and/or parenting matter through Family Dispute Resolution (‘FDR’). FDR can be very effective and cost effective.

The process of FDR involves an independent third party who assists the parties to find solutions to issues and resolve their disputes amicably.

 

Court Proceedings

If FDR or negotiations are unsuccessful, then it may be appropriate to initiate court proceedings. Sometimes parties have no choice but to commence legal proceedings.