Separating from your partner is an extremely difficult time for all parties involved. There are so many questions that you might have, including:
- Where do I live?
- What happens with our finances?
- What arrangements will be put in place for our children?
- Am I fully aware of our financial situation?
- When should I go and see a solicitor?
You and your partner should have some discussions about what your living arrangements will be in the short-term until you have been able to resolve your affairs. Will you both continue to reside in the property together? Will one of you move out of the shared home and into rental accommodation? If one party continues to live in the property, will that person solely pay the mortgage? What about the rates, utilities, and insurances?
You will also need to consider plans for your children. Will the children remain living with you or your former partner? What time will they spend with the other parent? Will the children cope with these changes? How will the children be financially supported?
Ensuring that your children spend time with both their parents is essential, particularly during a period when they are also adjusting to changes in the household. If you are separating from your partner, we strongly recommend that you obtain legal advice before committing to anything that represents a drastic departure from your current care giving arrangements.
It helps if you are aware of your financial position prior to separation. We realise that this is not always possible for everyone. Every relationship is different. It is not unusual for one person to have looked after the finances during the relationship, freeing the other person to pursue employment, manage the household or look after children. If you are not sure about your collective financial situation, we can help you find out this information. Please do not view it as a reason to delay speaking with a solicitor.
Both parties are required to make full and frank disclosure in any proceedings as to their financial circumstances. This includes providing evidence of income, assets, liabilities and any financial resources of the parties. We can assist you through this process as to how you obtain this information and what information you should be providing.
If you are considering separating from your partner or have recently separated, it is important that you arrange a consultation to meet with an experienced family law solicitor to discuss what is the best course for you in moving forward during a difficult time. Contact Us for a confidential discussion today.
This blog was written by Associate,
Jessica Benson
Jessica practises in the areas of Family Law, Wills & Estate Planning,
Deceased Estates and Will disputes
