Separation and Family Law

If you are in a position where a separation is likely, it’s normal to feel unsettled, or to have some anxiety over the uncertainty of your future. The uncertainty comes from circumstances that are not within your control. Here are four considerations that may help you to manage what is within your control.

First, try to keep your emotions in check. In other words, manage your emotions so that they do not affect your ability to make important decisions. Although this can be a trying and difficult time as you acknowledge and accept that your relationship is coming to an end, try as best as you can to keep emotion out of the matter so that they don’t get the better of you. Decisions that you may regret further down the line will only add unnecessary stress to your separation.

This is especially relevant when contemplating making a post on social media about your personal situation, or sending emails and text messages either to your (soon to be) ex-partner or to those who know your ex-partner. To put this into perspective, a single text message that was sent by a party to another in a highly emotional state can have serious repercussions down the track.

If there are children involved, try your best not to involve them directly in your dispute. It is not to say that your situation does not concern or affect your children, but for the sake of their wellbeing, it is best that the dispute is handled away from the presence of your children. This includes using any of your children as confidantes.

You can also combat anxiety or uncertainty by being prepared with relevant information from the right people about what your options are following the separation. It is advisable to get this information from lawyers that have experience and practice family law or divorce law. Your seemingly resourceful friend or relative may mean well, and may be trying to look out for you, but often their information is speculation or mere opinion. This may contribute to unnecessary stress and, in some cases, could delay a more ideal outcome for all involved.

Another way to be prepared is to begin to collect all the documentation that may be needed for a financial settlement. This includes paperwork about your employment, superannuation and properties. By doing this, you are acting in a proactive, rather than a reactive, mode. Sourcing the documents is a practical task that also keeps you focused on the matter at hand. When it comes time to meet your lawyer, if it should come to that, then you are already prepared.

We at Evans Testa Barristers and Solicitors trust that these four considerations – 1. managing emotions, 2. handling the matter away from children, 3. being prepared with the right information, and 4. sourcing important documentation will put you in a stronger position when considering your separation.