A family lawyer explaining the separation process

Tips for the Separation Process from a Family Lawyer

The end of a relationship can be an emotionally challenging time. There are steps you can take to ensure the separation process is as seamless as possible, including choosing the right family lawyer for you.

Legal advice from a family lawyer can ensure your separation isn’t harder than it needs to be. Read on to gain insight into what you should and shouldn’t do following a separation.


Get a Family Lawyer & Seek Legal Advice Early

Onboard a specialist family lawyer early in the separation process to best equip yourself with solid legal advice. Even if the separation is on amicable terms, getting legal advice early on will help you navigate the processes more smoothly; you will know the steps involved and be able to put yourself in the best position possible.

Proper legal advice also ensures any urgent issues (such as who remains living in the home or immediate financial support) are properly addressed.


Don’t Make Promises Without Legal Advice

It is not uncommon for spouses or partners to remain amicable after separation or maintain ongoing communication to a degree. There is no issue with discussing matters with your former spouse or partner, but the key point is not to make any promises. You can hear what your spouse or partner has to say and even offer your own input, but it is best not to make any promises, at least until you have received legal advice and understand your legal entitlement.

There is no harm in getting an idea of every party’s perspective, but try not to make promises. Agreements should only be made after receiving good legal advice when you completely understand your legal entitlement.


Separate Emotions from Finances

Separating from your spouse or partner is an emotional process. It can therefore be difficult to separate the financial from the emotional side of things. When dividing relationship property, the law places a focus on financial entitlements.

Financial entitlements don’t take into account a spouse or partner’s conduct during the relationship. This can mean affairs and the like bear little relevance to the overall division of property.

Staying as objective as possible and prioritising a financial mindset instead of focusing on the emotional side of things (as hard as that may be) will ensure your focus is in the right place.


Focus on the Bigger Picture

It is important to remember what matters in the wider scheme of things. It is common for people to become fixated on smaller value assets such as furnishing and appliances, as the thought of replacing household items can be daunting. Sentimental items can also become a point of contention.

Remember, you are paying your lawyer to deal with those issues. So, when deciding what to pursue, think about the asset value compared to the fees of your legal services. It helps to put things in perspective.


Don’t Make Significant Changes Before Obtaining Legal Advice

Making significant changes before obtaining legal advice can be detrimental. Actions such as disposing of property or changing asset ownership can have negative and sometimes significant consequences. Even something as simple as selling household chattels can be a criminal offence. If there are any significant changes you want to make, obtain legal advice first.


Need an Expert Family Lawyer? Sharon Chandra Can Help

If you’re going through (or contemplating) separation from your spouse or partner, speak to Sharon Chandra, an experienced family lawyer. Being legally prepared for separation will make the process easier and minimise the stress of dealing with the emotional side. Get expert advice from a legal professional with over a decade of experience in separation and family law.

Get in touch to talk through your situation and get your legal affairs in order before a separation. Sharon Chandra is here for you.