Going through a separation is one of life’s most challenging experiences. Emotions run high, decisions feel overwhelming, and the path ahead seems uncertain. But you’re not alone in this. The team at Lander Solicitors Queensland is here to help you navigate through this difficult time with the best advice to support you every step of the way, starting with this blog.
We share our best pieces of advice for separation, based on over 20 years’ experience and shared with thousands of clients just like you.
The 10 best pieces of separation advice
1. Seek professional legal advice early
Not contacting a lawyer early, is perhaps one of the biggest mistakes you can make. You don’t want to sign off on parenting agreement or property settlement that’s not actually best for you or your family. Getting the right information from day one is the best thing you can do to set yourself up for a smoother separation.
The legal system can be confusing, so you need a lawyer to guide you through the process with ease and confidence.
2. Don’t let your emotions rule your actions
This is easier said than done! Separations are emotional, often leading to anger and frustration. But it’s essential to manage your emotions to avoid regrettable decisions, such as acts of domestic violence, which can unfavourably impact the outcome of your separation. This is also why it’s good to have engaged a family lawyer – they are not emotionally involved.
3. Set aside the win/lose mentality
Separation can be a destructive merry-go-round if you’re not careful. Seeing separation as a battle takes a serious toll on your mental health and your children’s, especially the longer the settlement draws out. In the end, it’s not in anyone’s best interests to stir up conflict for the sake of “getting back” at your partner or “showing them how they made you feel”.
A great lawyer will promote a collaborative approach that prioritises a fair outcome and keeps the children’s wellbeing front-of-mind.
4. Know the deadlines
Different legal time limits apply for married and de facto couples starting court proceedings, and missing these will push back your settlement.
We’ll keep you up to date with the legal timeframes and requirements, encouraging you to mark it in your calendar.
5. Understand the ins and outs of “property” division
When we say “property” in family law, it’s not just your house involved. The law considers “property” as a house, superannuation, business interests, shares, cars, furniture, pets, and anything else owned by the family.
Our clients often assume the property pool will be valued at separation, but it’s actually assessed at settlement or trial. Similarly, equal time with children depends on individual circumstances, not a mandated law. When it comes to pets, bear in mind “possession is nine-tenths of the law”.
6. Prioritise child’s needs
This extends to parenting arrangements and the way you conduct yourself during the separation. Overly critical behaviour towards the other parent can create unnecessary anxiety and stress for your child/ren.
Furthermore, insisting that very young children spend equal time with both parents when they are primarily attached to one parent can cause the child to develop attachment anxiety. Always do what is best for the child/ren first.
7. Take sentimental or important family heirlooms before you leave
Taking these items early can help prevent disputes down the line. In the heat of a separation, disagreements over who gets what can become contentious. Plus, once you leave the shared home, accessing these items becomes complicated.
8. Budget and don’t underestimate the costs and time involved
Litigation is an expensive exercise, so it is important to do your homework about the different options available (e.g., mediation) and how much each process costs. Having a financial budget and understanding potential expenses can help you manage the process better, and a cost-effective lawyer at your side is even better.
Lander Solicitors Queensland provides clear cost estimates and efficient case management to keep your expenses under control. Plus, we keep our overheads low and pass the savings on to you so you can get the legal advice you need without draining all your savings.
Know that there is legal aid available in Queensland, but your financial situation must meet certain criteria. For more information visit Legal Aid Queensland.
9. Non-binding agreements are not secure
Property settlements need to be legally binding. Even if you’re both on the best of terms now and divide the property pool fairly, you might find your ex-partner coming back for another bite of the cherry later on and you have no legal backing.
Our team will ensure your best interests are protected and that means ensuring all agreements are legally binding.
10. Don’t relocate with children without consent
Doing so will only bring you back to square one. Always seek the other parent’s consent before moving a significant distance and seek legal advice before making such decisions.
Need personalised separation advice and legal help?
Separation is challenging, but with careful planning and the right support, you can navigate it smoothly and ensure the best possible outcome for you and your family. Contact us today to learn how we can assist you in your separation journey. We’re here to help you every step of the way.
DISCLAIMER – The information provided in this blog is general and does not consider your individual legal needs or objectives. It does not constitute personal advice and is for informational purposes only. We recommend seeking out professional and independent legal advice from a qualified Australian lawyer to advise on your individual situation before acting on any information contained below. Lander Solicitors Queensland accepts no express or implied liability for negligence or contractually for reliance on any information provided. Liability limited by a scheme approved under Professional Standards Legislation.