During a separation, it can be one of the most difficult and emotional periods for a family to face, there are a lot of factors to consider post the separation including asset division, co-parenting arrangements and more.
Our team here at Springfield Legal have been working with families for well over a decade and wanted to share some insights into what you can do to potentially make the legal process as smooth as possible if you and your partner are separating.
Keep a Diary of Information and Events
Separation is not normally something that is unforeseen or out of the blue, if the relationship is having some difficult times, it’s worth your while to take note of significant events that can influence the separation, the information will be a good reference point in the future if you are disputing the events between each other.
In addition to this, a written account of documented events is a useful tool in a potential legal battle that may occur depending on the amicability of the separating family.
Maintain a Calm and Respectful Attitude
Separation can bring out a high level of emotion from all involved culminating into regretful actions and leading to more friction in the process, it’s always best to try to maintain a level of calmness regardless of how antagonised you may feel you are.
Verbal arguments can be just as damaging to a relationship as much as physical violence and the courts recognise the impact of verbally aggressive language and this can be taken into consideration when a family goes to trial.
Always think of the bigger picture, particularly if there are children involved.
Be Realistic With The Other Party
Unless there is highly sufficient evidence to show that the mother or the father is unable to provide a safe and caring environment for children the court will always look at bipartisan care options.
In addition to this asset division is something that needs to be accounted for so that both parties have a fair and equitable amount of assets after a separation regardless of the potential differences in income of the period of the relationship.
Our legal team have worked with many families in this situation and understand the full extent of the law and how to work fairly within the system and can use this knowledge to help influence the best outcome for both parties.
Seek Legal Advice
All separating families have different sets of circumstances and a tailored approach is vital for each family. It’s best to seek legal advice early on and look at what are the best options available to you, dependent on your existing situation.
We recommend looking at a reputable and experienced legal professional to ensure you have access to vital information and if things do go to trial you have the best representation to achieve a positive outcome for you and your family.
Aim To Settle Out Of Court | Mediation
If a trial can be avoided and both parties can come to an agreement outside of court this is the best and likely the most amicable choice.
Legal mediation can be administered by our legal team at Springfield Legals, allowing both parties the opportunity to discuss terms of a separation.
Our legal team will draft the terms of the separation, which is a legally binding document that both parties can adhere to. Separating families that can come to terms at this point normally have the best opportunity at a bipartisan agreement that is beneficial to all involved.
Our team of legal experts have been working with families in Springfield Lakes, Brookwater, Ipswich and Brisbane’s Western Suburbs for over a decade now. Our lead family law expert Cathy Vo has helped hundreds of families come to terms with the separation.
Contact our team today to arrange a consultation.