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Separation

Is your relationship over? Emotionally this can be one of the toughest times in a person’s life.

Deciding to end a relationship - or being told that your partner is leaving - can turn your entire world upside down. You’ll wonder what to do about the children, the house, your pets and any property you own together. Whether you were in a de facto relationship or married, it’s a time fraught with many decisions to be made and high emotions.

Some couples will be able to negotiate the difficult terrain of children and property matters themselves, but often assistance is required to reach an agreement. We can help you achieve this.

Formalising agreements made at separation by way of Consent Orders or Binding Financial Agreement is also a critical final step where we can help. This is important - often people think that because they wrote up their agreement and both parties signed it, that the agreement is binding. It’s not. This can have grave consequences down the track.

Another important matter to consider is that you probably need to either make your Will and Powers of Attorney, or change your existing ones. If you don’t have a Will and you pass away while separated (but not divorced), your ex-partner will usually be the beneficiary of your estate. If you are separated, you may not wish this to happen. Therefore, you need a Will and you should attend to it immediately. If your ex-partner has been previously appointed power of attorney, you will likely wish to change this appointment also.

Separation is also the highest risk time for family violence. If you are reading this and there is any chance you or your children could potentially be at risk of violence, please take immediate precautions and seek assistance. You can never be too safe.

TIP: Please be aware that separation is different from divorce. Where they intersect is that you need to have been separated from your partner for twelve months before you can apply for a divorce.

If you’re separating, contact us by phone or email and find out how we can help you move forward.

Alphastream Lawyers