Author, Carol Pages, Pages Family Law.

Some of the most searched terms in January are ‘separation’ and ‘divorce.’  It is common to feel overwhelmed about where to turn first for information or advice.  In this blog, the focus is on information gathering and where to begin. Read on for our tips to help you get started:

Do some research online

The internet has a lot of information about separation and divorce, and can provide you with an overview of what’s out there.  It can be a helpful starting point to answer some of your initial questions, and give you some ideas of things to consider. A great introduction to the types of organisations that can assist you can be found on the brochure published by the Federal Circuit and Family Court of Australia: ‘Marriage, families and separation’ available on this link: Marriage, families and separation brochure.

Blog articles written by lawyers and mediators can also be helpful in providing some general information to assist you.

Check out community organisations

The Family Relationships Online site can be helpful to give you some initial information about counselling for relationship issues, or if you have separated- counselling, courses or mediation.  Many of the services can be accessed online at familyrelationships.gov.au or at a centre in your local area.

Community legal centres (Find a community legal centre – Federation of Community Legal Centres) and Legal Aid (see for example How to run a family law case | Victoria Legal Aid) can also assist.  Family law is the same in all states except WA, so even if you are outside Victoria, this information could be helpful to you. 

Prepare your paperwork

In financial or property settlement matters, relevant assets include everything you own, everything your partner owns, and everything you each owned before the relationship started. 

If you can, review all your financial documents so you know as much as you can about your financial situation including real estate, bank accounts, all loans and business assets.  A commonly forgotten asset is each partners’ superannuation, which is also relevant.

If you can’t, the information can be obtained later in the process.

Then what?

At or before separation, clients will sometimes make an initial inquiry with a lawyer to explain the above and get some initial advice before taking further steps.  This advice sometimes happens before separation.

Some of the options you have in getting legal advice include:

• – Having an initial meeting to discuss your options and get some initial advice.  The advice might help with the initial time after your separation such as options on how you will arrange finances between you, options for your living arrangements and those of your children, such as how much time they will spend with each parent.  This helps you to start discussions or an email exchange with your partner about what to do next. 

• – Your legal advice can also cover what your settlement is likely to be for both property and parenting.  It can be helpful to have some advice so going into any form of negotiations or mediation you have a benchmark for yourself, potentially saving you a lot in legal fees, or from accepting a bad bargain.

• – Sometimes your situation may not suit a direct discussion.  Your options include going to mediation at either a Family Relationships centre, or with a private mediator; and/or having your lawyer contact your former partner or their lawyer on your behalf.

The order that you do legal advice/mediation depends on your personal preference.  In some matters mediation can assist in resolving some of the outstanding issues, or by putting a temporary arrangement in place.  In some cases mediation resolves everything.  In some cases, such as where there has been a history of family violence, mediation may not be suitable.

If you get legal advice first, your lawyer will make recommendations to you about the best way to try and progress your matter, including mediation or directly negotiating with your ex partner or their lawyer.  

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The content of this article is provided for information purposes only and does not constitute legal advice.  We recommend that you seek legal advice relevant to your own circumstances and we would be happy to assist you.

Carol Pages is the Principal of Pages Family Law and an Accredited Specialist in Family Law and a Nationally Accredited Mediator. If you would like advice about your own separation, please contact Pages Family Law at info@pagesfamilylaw.com.au or on 03 9121 8077.