Updated: Jun 3, 2019
Separated, what next?
People do not necessarily realise the first steps to take that when they break up from their spouse or partner in terms of how to sort out the property and their parenting matters.
“ This can often be one of the most difficult and stressful times in a persons life. Not only do you have to come to terms with being single again but you may also feel stressed about your future and what do in terms of parenting and property".
Whether you live in Brisbane or a nearby area, read on for some basic tips and advice from our qualified family lawyers who have a depth and breadth of experience in the area of separation.
Some Basics on family law:
The law in Australia is not about tearing apart either parent from their children, in fact the Law is concerned with working out what is the best thing for the children. Therefore, if possible it is best for children to maintain a relationship with both of their parents. It is not looking at what is right or wrong but what is best for the child.
The courts work out what is the best arrangement for each family as no two families are the same.
Division of property will also result in what the Court considers to be fair.
Some simple advice about separation:
As this time can be very stressful when you initially separate, don't forget to do these basics:
Are you safe?
If there is Domestic Violence you may need to leave the family home and even get a Domestic Violence Order.
You might be concerned that if there is domestic violence and you need to leave that you may not have any rights to the home or your property. This is not true, you do have rights. The main thing is to do what is best for your children and yourself in terms of your safety.
For further information: http://www.courts.qld.gov.au/courts/magistrates-court/domestic-and-family-violence
Do you need to change your Will, Power of Attorney, Superannuation details or Insurance details?
You need to communicate your separation to government organisations and let them know your change of details.
You may not realise but until you have Parenting Orders in place by the Court, you are not protected in terms of legally enforceable rights of custody with each child.
You will need to consider:
You need to work out where the children live;
How much time the children spend with each parent
This can be complicated, so to discuss this and other issues that need to be included in your Parenting Plan you should contact a Solicitor.
Once you have worked out what your Parenting Plan consists of then:
You can try to sort out your parenting arrangements through Family Dispute Resolution before going to Court.
Get the separation lawyers supporting people across Brisbane
If you live in Brisbane and are going through a separation it’s helpful to speak to family lawyers, so contact Terry Anderssen today for professional legal advice. Call us on 07 3350 4417 for family law matters, as well as assistance with wills and estates, conveyancing or business law.
The material in this publication contains no advice and provides a general guide and information only. Readers should not act on the basis of any material in this publication without obtaining specific expert, professional advice about their own particular situation.
Terry Anderssen Solicitor expressly disclaims any liability whatsoever to any persons with respect to any action taken in reliance on the contents of this publication.