The simple answer is that there is no simple answer, and it depends on your circumstances. Is there a property settlement that may need to be completed? Do you have, or need, to put in place parenting arrangements for your child or children? Do you wish to apply for a Divorce?
Every situation is unique, and we strongly advise you to obtain legal advice, and the earlier the better. Talk to a family lawyer who can answer your questions and assist you to plan your next steps. Even if a separation is amicable, you still need to understand the legal process, your options, obligations and rights and obtain some helpful and practical advice.
Booking an initial consultation with an experienced family lawyer is the first step to answer your questions and remove the inevitable stress of the unknown.
To assist we have set out some tips and pointers below...
Take your time – Don’t make hasty decisions or agree to a settlement without getting legal advice first.
Be aware of time frames – Find out if there are any time frames relevant to your matter. For example, did you know that under the Family Law Act 1975 that different time frames apply to finalising a property settlement depending upon whether you are married, divorced or were in a de facto relationship? Missing those deadlines may have a significant impact on your outcome, rights and legal costs.
Prepare and understand your financial position – Get copies of important documents such as bank statements, superannuation statements, income and taxation return’s passports and birth certificates, photographs and computer files.
Let people know what’s going on – Advise your close friends and family that you have separated, let the children’s school know, and advise any Government agencies such as Centrelink and Medicare.
Information is power – make sure you get legal advice specifically tailored to your situation and circumstances. No two circumstances are the same and therefor advice should be specific for your situation.
Get support – let family and friends support you and if your comfortable doing so, bring someone you trust to your initial consultation for support and a second set of ears. A support person can be an invaluable resource during a time of stress and when you feel like you are overloaded with information.
Write down your questions – Before you see your lawyer write down a list of any questions you might want answered and bring it with you to the appointment.
Finally, beware of the backyard Lawyer- all too often well-meaning family and friends will weigh in and offer you advice. Often this advice is based on something they may have heard or read or been told by a friend. This isn’t legal advice, and it can often cloud your thinking and may not have any relation or relevance to your circumstances.
There is no substitute for proper legal advice – let us take you through the process step by step and explain your options and obligations, the legal process, estimated costs and outcomes, in simple practical terms that you understand.
It’s time to work with a lawyer whose focus is to get you the best possible outcome with the least amount of stress. You need a lawyer who cares about your situation and will provide straightforward, common-sense advice.