Life after Separation
Life after separation and how that will look can be the great unknown, especially at a time when you may only be thinking about separating.
Maybe this is your situation or maybe life after separation is very real for you right now.
Are you about to separate or have you already separated from your former partner? It is going to be important that you make careful plans for both your children and for yourself. In this blog, our principal Lezah Gildea-Marega touches on arrangements that you can make for your children. Lezah also looks at the importance of your obtaining a legally binding property settlement with your former partner so that you can get on with life after separation.
If you have children with your former partner, the quality of their life after separation is going to be directly impacted by the decisions that you and your former partner make for their care arrangements. Remember that you do not have to have any legal agreement about those care arrangements. If you and your former partner are fairly amicable, you may prefer not to have anything in writing. Putting your agreement in writing signed off by you both can however help you both to ensure that you are effectively on the same page and that the important items have been covered. This kind of agreement is known as a parenting plan. It is not legally enforceable. It is however flexible, allowing you and your former partner to make changes relatively easily to arrangements. This can be especially helpful as the children mature and their care needs may change.
For some people, however, life after separation, especially when it comes to having dealings with their former partner, can be stressful and full of conflict. If this is your situation, then it is likely going to be best for the children and for you that there is a parenting order in place. That order is issued by the family courts for the care arrangements for your children. If your former partner is in agreement, then that order may be issued as a consent order. You do not have to actually go to court to obtain a consent order. A final parenting order will remain in place until the child is 18 years of age unless it is varied or replaced.
Contact our experienced Brisbane child custody lawyers or our North Brisbane child custody lawyers. We can assist you in all areas of family law, including regards parenting arrangements and obtaining a final parenting order. You are also welcome to read on for further information about family law property settlement……
If you want to get on with life after separation, then obtain a property settlement with your former partner as soon as possible. Remember that until you obtain a legally binding property settlement, you and your former partner may continue to have a claim in each other’s property.
Another important thing to realise is that the assets and liabilities that are to be divided are not those that you had at the time of separation. It is the assets and liabilities that you each hold and that you hold jointly at the time of the property settlement that are taken into account. This means that if you delay making your final property settlement for some years, then it is all of the assets and liabilities then held that are to be considered in the final property settlement.
That can cause a major set back in getting on with life after separation. The message then is to get the property settlement finalised as a priority. Once it is settled, you can also more easily plan for your final future.
You can only obtain a legally binding property settlement by way of a court order or by entering into a binding financial agreement that complies with the requirements of the Family Law Act 1975 (Cth). Most people will obtain a court order by consent- that is by agreement with their former partner- without ever going to court. It is only where your former partner will not reach any agreement with you that you will need to consider starting a court action seeking final property orders.
Contact our experienced Brisbane family lawyers or our North Brisbane family. We can assist you to resolve your family law issues and to obtain a binding family law property settlement. We will advise you regards likely outcomes for your particular circumstances. This will allow you to make an informed decision and to get on with your life after separation.
The information set out in this blog is not a substitute for legal advice. LGM family lawyers recommend that you obtain advice tailored to your particular circumstances from our Brisbane family lawyers or our family lawyers Brisbane Northside.