How to separate from your partner

How to separate from your partner

1. Get advice early:

  • Having a plan is important.
  • Speaking with a Family Law Specialist early on, will give you confidence in your rights and entitlements throughout the process.
  • They will also be able to provide a range of outcomes will be available to you in your case.
  • Getting legal advice early help you avoid the many common mistakes people make when separating.

2. Be prepared:

  • Make sure you prepare yourself for the time when you do choose to communicate to your partner that separation has occurred.
  • Knowing what you are going to say and when you will approach the topic is a good start.
  • Thought needs to also be given to your living arrangements post separation and what finances will be available to you in a worst-case scenario.
  • Your lawyer may request that you gather some financial documents before your partner knows of your intention to separate.

3. Communicate:

  • Once you have made the carefully considered decision to separate from your partner, this needs to be communicated to them.
  • This will be a sensitive and stressful time for both of you so its important to be gentle and considerate.
  • Maintaining an amicable relationship post separation (whilst not always possible) will assist you with the future care of your children and make property settlement easier.
  • It is important to take note of date of separation as this may be important at a later date, such as when applying for Divorce.

4. Set ground rules:

  • It’s is important that thought be given to how the post separation relationship will work.
  • If there are children of the relationship how will the care for them be shared between the parties post separation? Will you have a parenting plan?
  • Where will you both live post separation?
  • What will be the methods of communication between the parties?

5. Encourage your ex to obtain legal advice:

  • This sounds counter intuitive, however if both parties have obtained professional advice as to what a reasonable outcome will look like for them, time and money can be saved in avoiding pointless arguments.
  • If there is a breakdown in communication you will also be able to converse between your lawyers, providing some much-needed space, in difficult times.
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