Separating from your spouse or partner is not easy. It is often an emotional and distressing period of life, during which you have to make some tough choices. However, you’ve made it out the other side… but what now?
Unless you get informed about the legal ramifications of your separation, you may have some complicated financial and legal problems in your future. Separating two lives which have become financially and personally intertwined is a complex and understandably daunting process; you may wish to simply put it all behind you. However, failure to finalise your relationship in a legally binding manner will leave you, your assets and your family vulnerable. There are two main areas of family law which require consideration if you want to ensure finality and surety in your separation:
Property: While it may seem easier to leave everything from your past relationship behind and simply take what is yours, it isn’t that simple legally. A family law property settlement takes into account the assets, liabilities, financial resources and superannuation of each party before, during and after a relationship. It also takes into account the non-financial contributions of each party and their future needs. While you may consider that antique bookshelf yours, the Courts may not see it the same way. Without a binding agreement of some sort, you cannot finalise your economic relationship with your ex-partner.
Children: You may decide you want your children with you and aren’t willing to negotiate. However, the law sets out some key principles which will be applied to your situation regardless of any informal arrangement you may have. In all family law parenting matters, the best interests of the child are the most important consideration. Moreover, the law presumes that it is in the child’s best interest to have a meaningful relationship with both parents, barring factors which endanger the child As a result it is important to work through the nitty gritty aspects of caring for your child.
In both cases, the Family Law lawyers at Frank Legal can help you negotiate and draft an agreement which reflects your wishes and solidifies with absolute certainty your rights and responsibilities post-separation. With your separation finalised, you can have peace of mind moving forward.
To find out more about family law, family law lawyers and the family court system, please contact James Frank for further advice at jfrank@franklegal.com.au or 02 9688 6023.
If you would like to know more about family law and your rights and obligations in familial relationships please contact us.
This article is provided to the reader for general information. It is not legal advice.This article was written by Andrea Spencer & Emily Graham and edited by James Frank.
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