Legal aid for separation
We know that after a separation most people want to finalise matters amicably and quickly. Separation is usually an emotional time for couples, not just the ones who are separating but also any children in their relationship. Our family lawyers represent your interests with both sensitivity toward what you’re going through as well as firmness where necessary on legal issues related specifically towards family law issues like parenting arrangements and property division. Trial separation point cook
If you are thinking about separation, it can help to get the right advice early on. It is always a good idea to speak with a lawyer before separation so that you can understand what to expect during the process and make informed decisions about your children and assets. As well as providing legal advice about your rights and obligations, our lawyers at Point Cook Family Lawyers can also refer you to separation counselling or mediation services for further emotional support during separation. Our family lawyers can quickly arrange a conference (either by telephone, zoom or face to face) to begin discussing the steps that you need to take to resolve the issues arising as a result of separation as well as confirming the date of your separation.
Should I speak to a lawyer before I have separated?
Where property is concerned, our lawyers can give you an insight into your options for achieving a final property settlement with your former partner and how such a settlement might be finalised. We can also offer you more practical advice such as how to ensure that you have access to funds after separation, what to do with any joint bank accounts and how to divide personal belongings. Where children are concerned, our lawyers can help you to consider the options for which parent your children will live with and how much time they will spend with the other parent. We can assist you to negotiate parenting arrangements with your former partner and advise you on the best possible way to finalise the agreement.
Can I be separated under the same roof?
A separation is not formally registered until a divorce is granted by the Federal Circuit Court of Australia. You do not necessarily need to get divorced after separation unless you have re-partnered and wish to remarry. It is important to keep in mind however, that staying married to your former partner can affect your legal rights and obligations in relation to financial matters, Wills and estates. Our lawyers can advise you on whether you should seek a divorce from your former partner, assist you throughout the application process and represent you at your divorce hearing if required. Legal aid for separation
When can I sort out property and parenting issues?
It is not uncommon for separated parties to temporarily remain living together while they make decisions about their financial relationship and parenting arrangements. This is known as being ‘separated under one roof’ and can last for days, weeks, months or even years. If you are applying for a divorce and have lived with your former spouse post-separation, you may have to support your divorce application with an affidavit. Our lawyers can assist you to prepare and file this affidavit and advise you during the application process if you and your former partner have been separated under one roof.
