So, you’re in the middle of a divorce - but have you looked to the future? Divorce can be complicated, frustrating, messy and emotion. However it is important to carefully consider your actions. Your actions need to reflect what you want. Even when you are in the midst of divorce you should safe guard your future.
Below we have outlined 2 common ramifications of walking out that can be forgotten in the midst of divorce.
Walking out: the ramifications
Children
Aside from the ramifications for your family relationships, the Court will consider your relationship with your children and the current parenting measures when parenting arrangements are put into place. They look at what is in the best interests of the children. If you have walked out, your partner may have assumed sole care for the children. This may impact future parenting matters. As such, if you just cannot live in the same house anymore, ensure you sit down and develop a brief parenting plan before you leave.
Property
If you leave the matrimonial home, and cease contributing to mortgage repayments and/or providing for the family, this can reflect badly on you in the property split. It may mean that the other side receives a bigger proportion of the property pool to reflect the contributions they’ve made as a result of you stopping your contributions. Essentially, the actions you take during this time need to reflect the fact that you still jointly own the property and are still jointly liable for it.
There are many situations were walking out is the only desirable option. However we would encourage those in the midst of divorce or those considering separation to carefully consider the ramifications of their actions in light of any future family law matters. As this may directly impact your future in light of family law matters.
Ending:
If you have a family law matter, concerns on your divorce or questions about family law and divorce in NSW and want to find out more please do not hesitate to contact us on 9688 6023 or email us at info@franklegal.com.au.
This article is provided to the reader for general information. It is not legal advice. It was written by Andrea Spencer & Emily Graham and edited by James Frank.
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