Easy Mistakes to Make When You Separate

Gabriella Pomare • January 23, 2018

Separation is an emotional and very confusing time for everyone. Most people find themselves balancing an emotional roller-coaster ride coupled with work commitments, parenting obligations and questions coming in left, right and center from family and friends.


It is important to slow down, take a deep breath and not rush in to finalising your separation. Too often, people make easy mistakes and don’t speak with specialist family lawyers to better understand their entitlements and the best way forward for their set of circumstances. Remember, every matter is different, and what worked for a friend of a friend, may not work best for you!


From experience, here are some quick tips on what to do when you first separate:


  1. Speak with a specialist family lawyer. There is no legal requirement to rush to mediation or family dispute resolution. It is important you determine your rights and entitlements with a lawyer before you make any haste decisions. Your specialist lawyer should be more than happy to assist you through any mediation process.
  2. Keep a diary. We have found that it is really useful to keep records of events following separation. Jot down your financial circumstances, parenting arrangements, notes of conversations and any discussions you have had.
  3. Take yourself out of a conflicted, unhealthy environment. Please remember that family violence does mean physical violence, but includes emotional abuse, harassment, intimidation and the like. Speak with your lawyer about your living environment and see what can be done.
  4. Seek help. There are enormous benefits in seeking professional help from a counsellor or psychologist. It is often beneficial to clear your head with a counsellor so that you can better understand legal advice that is provided to you.
  5. Formally document your property settlement. It is essential that, even if you and your former partner are able to agree on terms of a property settlement, this is documented in the correct way. Seek specialist legal advice to ensure your interests are protected into the future.
  6. Put the children’s best interests first. Don’t discuss legal matters or financial arrangements in front of the children. It is important that children are left out of these matters, and are protected from any conflict. Ensure appropriate arrangements are put in place for their care and supervision, and if you cannot agree, speak to a lawyer about options available.

For your personalised family law pathway, and to get specialist family law advice, speak with one of our family law specialists today. For a no obligation, first free consultation, telephone us on 02 9560 6811. Franco, Gabriella and the team have a world of knowledge when it comes to protecting your interests and getting you the right result for you and your family. Make an appointment today.

Author: Gabriella Arvanitis – Senior Associate, Family Law
Service: 
Family Law


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