Considering Separation? Here are our key considerations

Relationship breakdowns can be incredibly stressful, whether it is a marriage or defacto relationship coming to an end. Considering separation? Here are some key considerations to keep in mind during this time.

Consider your safety

Firstly, you should consider your safety, as well as the safety of your children and those around you. In emergency situations, the police can provide support. In non-urgent situations, many community organisations can provide advice, information and services such as expert referral, counselling and emergency accommodation. Find out more here.

Secure documentary evidence

After separation or a marriage breakdown, decisions must be made about how the property pool will be divided. Whether this decision can be made in agreement with your ex, or requires the help of lawyers, at some point in you are going to be asked to justify your position. At this point, it is useful to be able to provide documentary evidence such as:

• details of real estate owned
• evidence of any inheritances or payouts received
• bank account statements and
• tax returns.

It may be difficult to retrieve this evidence if you have left the matrimonial home, so make sure you have access or copies before you go. Learn more about your duty of disclosure here.

Ensure financial security

Consider your living expenses and how you will fund your life after separation. Make sure you have ongoing access to funds. Consider how your loan or debts will be paid and what you will do with any joint accounts. It may be useful to speak with a trusted accountant or financial advisor.

Take your belongings

If you are leaving the matrimonial home (or the home you share with your partner), take your belongings with you, including important legal and financial documents and children’s belongings. It may be difficult to retrieve your belongings later, even if you are legally entitled to them.

Obtain legal advice!

Lastly, we strongly recommend speaking to an experienced legal professional. A lawyer can help make your rights and obligations clear, and guide you through the legal issues.

For guidance before you take the leap, contact us to arrange an appointment.

*The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.