Separation is a major step for everyone
property / financial issues
Separation does not have to be a mutual decision by the parties to the marriage.Section 49(1) of the FLA provides that the separation can occur notwithstanding that the cohabitation was brought to an end by the action or conduct of only one of the parties.
What you need to consider when you separate
Whenever you separate, certain events occur whether you want them to or not. You and your soon to be Ex -partner will need to agree on the welfare and living arrangement of your children and how the assets will be divided.
Some of the things you need to consider are:
- Do not overlook the importance of having a place where you can feel safe. This means getting an order to keep your spouse away.
- Ensure there is a regime for contact with children.
Property / Financial Issues
- Who will stay in the house
- Ensure mortgage repayments continue to be met
- Secure income to meet reasonable day-to-day living expenses for yourself (and children)
- Successful continuation of the business during the phases of a divorce
- Ensure your spouse does not have unchecked access to bank accounts.
Alan's divorce pack was written with the assistance of a family court barrister will help you prepare your thinking — prior to hiring a lawyer, prior to making other significant decisions that will affect your livelihood and your family’s livelihood forever. You will need to gather a lot of information to put things into place and make decisions in the next short while.
For example, you will probably be going in for your first meeting with your lawyer. You will need to gather detailed information to present to your lawyers or, later, the courts.And of course, you should take the time to spell out for yourself exactly what it is you are after in this huge life-changing event.
Disclaimer : This article provides basic information only and is not a substitute for a professional or legal advice. It is prudent to obtain legal advice from a family lawyer.