One of the most common questions people get asked after the separation process is, “What should I do now?”. Though there can be various answers to this question, not all of them can help you.
In this guide, you will learn how the separation process works and how you protect yourself on this journey. You will also know if the help of a separation agreement lawyer is needed during this time.
Separation is the word that is used when people discontinue living together as a couple. There can be some ifs and buts to such statements, but you need to be married to get separated.
It is fair for everyone involved to take steps to bring a serious or long-term relationship to an end in a detailed way. With marriage, there may or may not involve a divorce, but a marriage process in Australia involves the following:
The separation process starts with a decision by either one of the partners or both to bring a relationship to an end and stop living as a couple. Once the decision is made, it is followed by a conversation where couples communicate their decision to separate.
People communicate in several ways, sometimes in counselling, letters, emails or simply by sitting and discussing. To be separated does not require both the partners to agree to this decision.
Separation can happen at any time and does not need a family lawyer Perth or a court to make it happen. But after a decision is made, it is a good idea to get some advice so that you can ensure that everything is properly dealt with and you can start a new life.
Separation can be stressful, and it can be hard to know what to say to whom and what things are normal during this time. You may not know where you find help during such a difficult time.
People react differently to different things during this time, and there are pressure points. Some people are anxious about their financial future, while some worry about their kids. You can contact a counsellor or separation lawyers in Perth to take care of mental health and other things.
After a relationship breaks down, a major point of discussion will be about splitting properties or assets among partners. You do not require a divorce to reach a property settlement; it can occur anytime during the separation process.
During the separation process, anything that has value is a property. Some of the things that are going to include in this are:
Individual properties are also dealt with such as:
When you know you will be separated or are separated; you need to sort out your property settlement as soon as possible. The reasons for that are as follows:
You do not require a court order to divide your property. But there are some good reasons why you should go for a court order to formalise the various agreements in a divorce.
Some of the reasons are as follows:
With the help of separation solicitors, you can document your property’s settlement with your former partner and get orders from the court. This will be a consent order and will be made under the family law.
Children can be one of the most challenging aspects of a separation process. But though it will be difficult, the best long-term decisions are made when the parents focus on the interest of their child in question.
This is an approach that is generally encouraged as the separation of you, and your spouse can be a big blow to your children. This can have different impacts on a child; thus, such decisions can help take care of them.
As per the family law of separation, just because you and your partner are separated doesn’t mean that one parent gets to decide important things and the other does not.
After your separation, you and your former partner will have joint responsibilities for the major decisions of a child’s life, such as school, religion and health. But joint responsibility does not indicate that both get the same time with their kids.
Reaching agreements about parenting arrangements can happen with one or more of the following supports:
Once an agreement is reached regarding the parenting arrangements, some options are available to formalise the agreement. An option is to hire a lawyer to write up the parenting agreement you and your partner have agreed to
This will detail all the arrangements that you and your former partner have agreed to and is also signed by both of you. A parenting plan is a common way separated families create parenting arrangements. A parenting arrangement cannot be forced upon people but can be relied on in court proceedings.
Yes, though most people focus on how they separate property from their spouse, the separation process is not always by consent. If you cannot agree with some of the aspects, then there are some ways to go forward.
After formalising your property settlement and parenting agreements, you can shake off the past and move to a new life. But you must ensure that you comply with everything until the end of the deal.
Things may be rough for you if you cannot comply with the property or parenting orders. If your former partner fails to hold up until the end of the deal, you need to call your lawyer.
But other than that, if all goes well, you need to think seriously about what your next phase in life is going to be. You must remember that you have a life ahead, and it is time to live that life.
If you want to settle things accordingly after your separation, you can consult or hire Family lawyers in Perth. They are one of the best firms that can provide you with the best lawyers to aid you in all the legal processes during the separation phase with your partner.
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