Seeking Legal Advice Before Separation: What you need to know!

Separation is a significant and often challenging life event.  Seeking legal advice before making any decisions regarding your property and/or children can provide clarity, protect your interests, and provide relevant referrals for other services to assist you during this time. 

Why legal advice is essential

1. Understanding your rights and obligations: Every relationship and separation is unique.  Legal advice helps you understand your specific rights and obligations, which often differs from the anecdotes of others.
2. Avoiding common pitfalls: Friends, family or acquaintances might share their experiences, but what worked for them is regularly not applicable to your situation.  Their circumstances, although they might seem similar, will generally be different in some way and the advice they have been given will often not be relevant to your situation.  Lawyers can help you navigate the complexities of family law, ensuring you aren’t making decisions based on incorrect information.
3. Tailored advice: a lawyer can provide advice tailored to your individual circumstances considering the following:

• Property settlement - factors such as the length of your relationship, financial contributions, your current financial circumstances and whether there are children involved. This personalised approach is crucial for making informed decisions. 
• Parenting matters - understanding the history of the care arrangements, your work arrangements, the dynamics in your relationship with your spouse and the children are all important considerations which make each situation different.      

Preparing for your appointment

To make the most of your initial consultation, it’s important to come prepared.  The following information will be of assistance:

1. Bank statements for all bank accounts, or a screenshot of the current balances of the accounts.
2. Superannuation statements, or a balance which is the most up to date.
3. Property and vehicle valuations (the current market value).
4. Credit card statements, loan statements and details of any other liabilities (including loans to family members).
5. A timeline of significant dates and events in your relationship such as when you started living together, were married and/or had children.
6. Details of any significant contributions made by either party during the relationship. These include things such as inheritances, gifts, personal injury payouts, completing renovation or improvement projects on property and so forth.
7. Children’s information including their ages, living arrangements and special needs.

Seeking legal advice before separation is a proactive step that can help you navigate this challenging time with confidence.  Remember, your situation is unique, and professional legal advice is invaluable in ensuring you are protected.  By coming prepared to your appointment with necessary information, you can make the most of your consultation. 

Your partner will not be contacted regarding your appointment and we will take all steps to ensure that your appointment will remain confidential.  It is important to seek legal advice if you have any issues in respect of parenting or property matters.  You can contact our office to make an appointment with one of our solicitors to obtain advice on your situation on (07) 4963 2000 or through our online contact form below.