Separation can come unexpectedly and leave you wondering what you should do next. Below are our tips for some steps you can take in the initial stages of your separation to better protect yourself in the long run.
To properly protect your property interests, consider whether you need to do the following:
- Moving Out: If you are moving out of the family home, be sure to take all of your important documents (i.e., passport, birth certificate etc.) with you, as well as any sentimental items, in case you have difficulty accessing the family home in the future.
- Banking: Contact your bank and ensure any joint mortgages, or joint savings accounts, require both parties to sign for any withdrawals.
- Realestate: If there are any realestate properties held by the other party either in their sole name or jointly with another, consider whether you need to lodge a Caveat over the property to prevent the other party from selling the property pending resolution of your property matters.
- Wills & Super: Be sure to update your Will and any binding nomination you have made in relation to your superannuation.
To protect your position in relation to parenting matters, consider the following:
- Living Arrangements: If you intend for the children to live with you, and spend time with the other parent, and this arrangement is in the children’s best interests, it is important that the children continue to live with you during the separation. If you are the party who is moving out of the family home, take the children with you.
- Child Support: Contact the Child Support Agency and Centrelink as soon as possible to update them in relation to your circumstances and to determine whether you, or the other parent, are required to pay child support and whether you are entitled to any Centrelink payments.
- Parenting Coordination: Ensure there are arrangements in place for the children to spend time, and communicate with, the other parent, provided they are not at risk of harm in the other parents’ care.
- Issues: Keep a detailed diary in relation to any parenting issues which arise as a result of your separation.
Of course, not all of the above tips will be applicable to everyone, and you should seek personalised legal advice as soon as possible.
How do I find out more information?
Contact us to arrange an appointment with an experienced and accredited Family Law specialist.