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7 things to consider after separation
Are you concerned for your safety, or the safety of your children/family?
Domestic/family violence includes emotional and financial abuse, harassment, intimidation and other inappropriate behaviour. Consider whether you should consult a Solicitor to make Application for a Protection Order.
Would anyone in my family benefit from some counseling?
Going through a relationship breakdown and attempting to resolve children and property settlement issues can be an extremely stressful time. You may wish to consult your General Practitioner for some options to manage the effect of a relationship breakdown. You may be entitled to free counseling through Medicare or your health insurance.
Do we have suitable arrangements in place for the children?
To promote stable and co-operative parenting into the future it is best for parents to agree what time the children will spend with each parent. Parenting arrangements can be recorded in a non-binding Parenting Plan or binding and final Consent Orders. A family law solicitor will be able to advise what is best for your particular circumstance.
Should I apply for Child Support?
If you are entitled or receive a Centrelink pension, Centrelink would more than likely already have made you apply for Child Support. However, if you have a private arrangement for the children and are in the process of working out property settlement you should consider whether you need more financial assistance for the children.
How do we divide our property?
Working out how much each person should receive involves valuing the property, considering each person’s contributions and future needs, and then making a just and equitable property division. There are strict time limits for property settlement and it is strongly recommended that a family lawyer be consulted as soon as possible to ensure your rights are protected.
What about my Will or Powers of Attorney with my ex-partner?
After separation, your spouse or partner will still be able to claim upon your estate. If you do a new Will the likelihood of success of any claim on your estate will be reduced. It is recommended you seek advice as soon as possible to complete a new Will and vary or end any Power of Attorney.
Is my ex-partner still named a beneficiary on my superannuation?
If something was to happen to you your ex-partner may be paid the proceeds of your superannuation benefits, including any death benefit. You may wish to ensure your children receive any benefits from your superannuation. You should review your superannuation beneficiaries and seek legal advice on nominating binding beneficiaries as soon as possible.