When a relationship ends, or one person decides it is over, a number of decisions and practical matters need attention. Getting advice early puts you in a stronger position to make informed choices and to reach an agreement without the cost of court proceedings.
Decisions to work through
Early on, you and your former partner will need to consider:
- Whether one of you will move out or you will stay in the home together for now ● How living expenses will be met
- How property and assets will be divided
- What arrangements will be made for the children
Knowing your rights before you settle these questions helps you avoid decisions that are hard to unwind later. It also helps to be realistic about timing, since some steps, such as refinancing a loan or selling a property, can take longer than you expect.
Practical steps around separation
There are some sensible steps to take at or before separation:
- See a lawyer as soon as possible, so you understand your rights and obligations
- Make interim, age-appropriate arrangements for the children, including regular time and phone or video call contact with the parent they are not with
- Consider what you will take if you are moving out, particularly personal items, papers and documents
- Redirect your mail and update your email and online banking passwords
- Familiarise yourself with your joint accounts and monitor the balances, as assets and liabilities acquired after separation are still taken into account in a settlement
Protecting your financial position
Even an amicable separation can become tense when it comes to dividing property. There is more than one way to reach a settlement, including negotiation, mediation, arbitration and, where no agreement is possible, court proceedings. A clear strategy from the outset keeps costs down and the process moving. Where a settlement is reached, it can be recorded in consent orders so both people have certainty and finality. The right approach depends on how much you and your former partner agree, the assets involved and how urgent the situation is.
For business owners and anyone with more complex affairs, a few questions tend to matter most. What am I entitled to across property and superannuation? Is a family inheritance part of the asset pool or separate from it? What are my options if I believe my spouse is concealing assets? How is superannuation divided, and what transfer or stamp duty applies? These are the points where preparation makes a measurable difference, and where we can refer you to trusted accountants, financial planners, valuers and other specialists when your matter calls for it. We can also provide representation on the division of superannuation and on business settlement where those assets change hands.
Get advice before you act
Many of the decisions made in the first few weeks are hard to reverse, so a single early appointment can save cost and stress later. A lawyer can explain your rights, set out the likely process, and help you avoid steps that weaken your position, such as moving assets or making informal arrangements that cannot be documented. Getting advice does not commit you to going to court. It also helps to write down key dates, your assets and your questions before that first meeting, so you get the most from it.
Leach Legal specialises in helping Perth couples and families manage separation and reach a fair settlement. As specialist family lawyers, we set out a tailored path forward and stay in your corner from start to finish. Book a free 15- minute consultation or call our team to talk through your situation.
