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We have decided to separate: what happens now?

Posted By Tarryn Rea  
16/08/2021
17:24 PM

Separation or divorce can be a scary process to think about. It is a life-changing decision, and it can often be overwhelming. You may have decided that you need to separate and wonder what to do and where to begin.

You should acknowledge that it is a big decision, and quite often, it is not an easy decision to make. There can be a lot running through your mind.

Practical issues to consider

If you have both decided that you should separate, there are a few practical things that you should consider.

Living arrangements - You both need to decide on the living arrangements until you finalise a formal property settlement. Are you able to stay in the same household? Will one party need to move out? Who will be paying the rent/ mortgage instalments until you can finalise property matters?

Children - If you have children, you will both need to talk about when to tell them about the separation. Who will be taking care of the children? You may need to make temporary parenting arrangements until you can finalise a Parenting Plan or Parenting Orders.

Joint property – If you and your former partner hold any joint bank accounts, share a car or have any other joint property, you will need to decide who will retain what asset after separation.

You both may not immediately agree on everything; however, it is a good idea to discuss the practical issues and come to temporary agreements until a formal agreement can be reached. This can significantly assist you and your family in the separation process.

If you cannot reach an agreement or discuss parenting or property matters with your former spouse, it is still possible to achieve an amicable resolution with the assistance of a collaboratively trained family lawyer.

It is recommended that you seek legal advice before agreeing to a property settlement and before you sign any documents to make your agreement formal. 

If you have decided to separate or are thinking about separating and would like to speak to an experienced collaborative family law solicitor about your next steps, contact Grace Family + Collaborative Law on 1300 414 855 for an initial consultation to start your new chapter today!