Taking a break from a relationship (either a de facto one or a marriage) is known as a separation in Australia. The amount of time spent apart is up to the people involved and is a little different for everyone. Sometimes couples like to stay under the same roof while they are taking some time for themselves, which can be ideal due to financial issues or wanting to stay in the same house for any children that may be involved.
Other times, one person may move out of the home for a short period of time to either rent or buy elsewhere. It is not uncommon for one party to stay with friends or relatives. What many people don’t know, is that it is imperative to seek legal advice even when just separating. There are many reasons for this and a family lawyer is the best person to receive support from. Family law covers separation, divorce, spouse maintenance and other family-related matters. When a couple first decides to part ways, an attorney will likely advise that they record this separation in writing.
This is because if a couple wanted to divorce down the track, they will generally need to be separated for at least a year and this needs to be proven. It is not uncommon for people to not have any evidence for their time spent apart and can find it hard to apply for divorce down the track. A family lawyer can advise on how to best document a separation, even if couples do only think that it will be short-term. There are also many other factors that need to be considered when a couple decides to spend time apart, and this article will take a further look into this as well as how a family law attorney is able to help.
There are many practical things that need to be addressed when two parties are looking to part ways, even if this time apart is only short-term. If there are any joint bank accounts, it needs to be known if they are still going to be used. Both parties need to decide where they are going to live during this time and they need to figure out who is going to take care of the children and where the children are going to stay.
Bills will still need to be paid during this time, so it is important to discuss any mortgages or rent that may need to be covered. Dealing with stress and grief is also important. Some people like to organise couples counselling during this time or may like to see a counsellor or Psychologist individually.
Whatever the situation may be, a professional attorney is able to advise both parties on how to best move forward. As ending a relationship can be an already stressful time, it makes a huge difference having the support of a professional. Many people report feeling safer knowing that they know what their rights are legally and understand how to act smart to get the best outcome possible.
If the parties involved do wish to proceed with a divorce, the lawyer is able to help with the application process and can begin to help with sorting out the division of possessions and child custody negotiations. A lawyer can further help with organising spouse maintenance payments if need be as well as documentation that may be needed throughout the process. At the end of the day, it can sometimes be a confusing process when going through a separation because the law isn’t necessarily straightforward. Relying on someone with experience and insider’s knowledge is a great way to not only feel supported but also make the process feel as easy as it possibly can.
