When you and your partner are considering separation or divorce there are a few do’s and don’ts that we suggest you make note of to make your separation less stressful. Separation and divorce are a stressful time, and it can be difficult to know what your next move is. People have ideas about what they can and can’t do as they move through the family law process, so of which is not true at all.
We have put this quick what to do and what not to do tips together for you, to ease the stress for you.
Do – Know Where You Stand Financially
If you are considering a divorce or separation it’s important to know where your finances are at. Knowing what you and your partner earn and what your outgoings are can help you make a plan to move forward. It is important that you have a list of assets and liabilities that are in either your name, your partner’s name, business name, trust or joint names. These assets, include anything that either of you has. The assets can be either inside Australia or outside of Australia. The clearer you are about your family’s financial position, the more smoothly your family law matter will run.
Do – Cancel Joint Credit Cards
Whilst you might be entitled to half of everything your partner has, this might not seem so great when this includes a credit card debt. Don’t risk potential further debt during your separation period and cancel any joint cards as soon as possible.
Do – Get Joint Signatories
This applies to large sums of funds, mortgage redraws facilities or offset accounts. This is to protect the funds in these accounts and to preserve the monies so that you are able to divide the money in the future without the risk of it being disposed of.
Don’t – Take to Social Media to Share Intimate Details of Your Divorce
Airing your grievances on social media can be embarrassing, and if your ex-partner finds out and takes screenshots, it can be detrimental to your case in some cases. Especially in instances where children are involved, it pays to be discreet. You should act protectively of your privacy as sometimes it can cause your ex-partner to act out and it can make it more difficult to come to a negotiated outcome.
Don’t – Criticise Your Ex-partner in Front of Your Children
Your children love both of you and it can be difficult for them if they are stuck in the middle of two adults they love, fighting or being negative towards each other. Don’t let your children hear you saying things about your ex, it is damaging and hurtful, and not to your ex, but to your children. Help your children through this difficult time by remaining positive.
Do – Apply for a Consent Orders
Even if you are very amicable and have managed to come to an agreement about property division and parenting, it is always advised to finalise your matter in a full and proper way with the correct legal documentation. If you don’t take this final step, it means that you are not legally protected and you will not have certainty moving forward into the future.
Do – Get Legal Advice
It is important to get legal advice that is relevant for your own circumstances. Even in the most amicable divorce proceedings knowing where you stand is important. We offer free initial advice to take the fear out of getting proper family law legal advice. Call Collective Family Law Group on the Gold Coast & Brisbane today for your FREE initial appointment.