The decision to separate from your husband can be one of life's most significant and emotionally charged moments. There are many consequences to ending a relationship, some are unexpected. The sheer number of decisions which need to be made can often become paralysing, leaving many unsure about the practical steps involved and how to navigate the legal landscape of property, parenting, divorce and child matters generally.
Here are some important considerations you need to make if you are thinking about divorcing your husband.
Seeking Legal Guidance: Your First Step
Seeking prompt legal advice before arriving on any major decisions about how the relationship is to continue following separation is crucial. Consulting with a family lawyer who specialises in separation and divorce can provide invaluable support and ensure that you understand your legal rights and obligations.
A lawyer will give you tailored advice specific to your circumstances, helping you navigate complex issues like property division, child parenting arrangements, and financial settlements. Family law is complex and outcomes are dependent on each parties' personal circumstances.
Getting advice from friends and family can be helpful, but where Family Law is concerned it is essential to get experienced legal advice.
Unravelling Your Finances
One of the first and most pressing concerns during separation involves disentangling your finances from your husband's. You should consider the following matters.
Opening your own bank account and closing or restricting joint accounts. Consider opening separate accounts for your personal income and expenses, and gain an understanding of what payments you will become responsible for. This creates transparency and fosters financial independence.
What debts do you owe, both individually and jointly? Debts incurred during a marriage may be considered joint debts, regardless of whose name they are in, and you and your husband may be liable for repayment. Understanding your obligation to pay any debts before separation can save disputes later if you seek a divorce or seek parenting/property Consent Orders in the Federal Circuit and Family Court, or a private Financial Agreement.
Superannuation. Superannuation entitlements earned during the course of a marriage may be equally divided equally upon separation. Consulting with a lawyer or financial adviser will help you to understand your true position.
Are there any existing arrangements? If you entered into any binding financial agreements prior to entering the relationship or marriage, that agreement may have binding implications on your assets following separation or may no longer be effective.
Securing Your Family Home
The family home often represents a significant financial asset and a source of emotional attachment. Determining who will remain in the house and who has primary care of any children can be a complex decision.
Factors to consider include your ability to afford to pay the mortgage or rent on the property; the welfare of any children, changes to their routine and the need to move schools or homes; and your long-term housing plans.
In some cases, temporary arrangements may be necessary until a more permanent solution is reached.
If you are considering living in the same property for a period of time you will need to make additional records and considerations. Read more here.
Navigating Parenting/Custody Arrangements for Children
The wellbeing of any children will be a top priority during this period. Reaching amicable agreements regarding parenting/custody arrangements minimises the stress for everyone involved.
Mediation can be a valuable tool in facilitating constructive communication and reaching mutually agreeable solutions. If an agreement cannot be reached, the Federal Circuit and Family Court can determine parenting/custody arrangements based on the best interests of the child. This involves considering factors like the child's age, wishes, and relationship with each parent.
Reaching agreements about the parenting/custody of children can be drawn out and difficult, and you should try and determine as best you can what you think is reasonable before separating from your husband.
Moving Forward with Confidence
Separation is a complex and emotional process, but understanding your legal rights and taking proactive steps can help ensure a smooth and manageable transition. By seeking professional guidance early, establishing your financial security, and focusing on your children's well-being, you can navigate a divorce with greater clarity.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
