It is important for both married couples and de facto couples to seek legal advice as soon as possible after separation. In some situations it may be necessary to obtain advice before there is a formal separation. There are also time limits that apply to your situation that could affect your ability to make a claim for property settlement.
In relation to children's issues, it is recommended that any advice or action be taken immediately following separation so that the changes to the living arrangements for the children can occur as smoothly as possible in the circumstances.
Commonly, financial matters and making arrangements for the children are of utmost importance to separating couples. Often the period immediately following separation can be critical to both the arrangements for children and property. It is important that you seek expert legal advice in relation to this as soon as possible.
In circumstances where there is a breakdown of a marriage, there is a number of legal matters that need to be addressed:
Initiating divorce proceedings alone does not address the remainder of the issues.
De facto partners do not need to go through the process of divorce. Aside from that, the remainder of the legal matters that need to be addressed are the same.
De facto Partners, subject to certain qualifying provisions, can now initiate proceedings for property settlement under the provisions of the Family Law Act 1975 and in many circumstances are treated much the same as married couples.
Upon separation from your spouse consideration must be given as to whether you need to change your existing Will or have one prepared in circumstances where you do not already have a Will.
There are numerous reasons why it may be critical for you to change your Will upon separation, or have one made, including:
At Andersons we have a very dedicated Wills & Estates team ready to assist you with such matters. If you have a Family Law issue and want to enquire further about your Will, contact one of our Family Law team members who will be able to refer you to the Wills & Estates department.