29 November 2023

Separation can be a tough journey, especially when children are involved, or there are issues such as domestic violence. Getting legal advice early on in the separation process (or even before separation occurs) can help you make informed decisions, significantly reduce the likelihood of legal complications and acrimony, and can ensure your rights and the best interests of any children are protected and promoted.

We can discuss and assist any person going through a separation.

1     The Basics

We will help you understand your legal rights, entitlements, and obligations during a separation including issues relating to property division, the care arrangements for any children, financial support, and family violence.

2     The Process

We will give you advice and strategies for managing conflict and disputes in a way that minimises emotional stress, legal complications, and fees.

That advice and guidance will be on the best way to resolve your matters. The process may include negotiation, mediation, collaborative practice, court proceedings, or a combination of these.

3     Other Professionals and Tools

We will help you decide when to involve other professionals; such as, counsellors, divorce coaches, psychologists, mediators, and forensic accountants, utilise tools like co-parenting apps and when to attend useful courses (like the Parenting Through Separation course).

Bringing together the right tools and professionals at the right time often results in a more cost-effective and amicable resolution.

4      Arrangements for Children

We will advise you about the legal framework for the care of any children, and help you create a parenting plan that prioritises the bests interests of any children involved.

5      Property Division

We will advise on how assets and liabilities should be divided and distributed according to the Property (Relationships) Act 1976, and we’d assist in securing a fair settlement.

6     Trusts

We will determine whether any trust-owned property should be included in a settlement.

7      Financial Support

We will advise you on financial issues including spousal maintenance, child support, and economic disparity.

8      Protection

We would obtain protection orders and urgent orders for the care of any children where there is family violence.

9     Wills and Enduring Powers of Attorney

We will put in place a new will and change your enduring powers of attorney if you no longer want your ex-partner as your attorney or to benefit from your estate if you die.

10    Dissolution

We can obtain a dissolution of your marriage after 2 years of separation.

11    Practical Matters

We can offer practical support and guidance about how best to navigate the emotional challenges of a separation.

Every separation is unique. We tailor our advice to your property, your children, and your situation; so that, you can achieve the best outcome possible in the circumstances.