Assistance following Divorce or Separation

If you are considering divorce or separation, a divorce and separation lawyer can assist you in navigating the family law process.
This blog provides some tips for those who have recently separated or are contemplating separation.

1. Seek Early Legal Advice

Consulting with an experienced divorce and separation lawyer early in the process is essential. They can guide you through the legal requirements, explain your rights and obligations and help you make informed decisions. In this emotionally charged time of your life, it is important to receive expert advice from a person outside your family or friendship circle, so as to reality test your position and provide you the appropriate advices as to next steps in your matter.

Every relationship is different and as such, it is important that you receive advice tailored to your needs, not advice based upon the past separation of a friend or family member.

2. Focus on Communication

Dependent upon your circumstances, once you have received initial legal advices, reaching out to your former spouse either by way of email, text message or in conversation, may assist in resolving at least some issues between you both. Whilst there are some circumstances, such in relationships involving domestic violence, where it is not advisable to do so, considering the imbalance of bargaining power, in other circumstances, direct communication can save time, money and reduce conflict. It is important however, that legal advices are sought before having direct discussions. In some circumstances, we provide assistance to a person who has reached an agreement as to parenting and or property settlement matters directly with their former spouse and it is our role to assist in formalising the agreement in a legal manner.

3. Gather Financial and Legal Documents

Collecting all relevant financial and legal documents is crucial during the early stages of separation. These documents serve as important evidence and information for the property division, determining financial support arrangements and assessing the overall financial position of both parties.

4. Prioritise Your Children’s Well-Being

Prioritising the well-being of children in any separation is paramount. It is essential to focus on reaching an agreement for the care and living arrangements for the children that maintains stability and structure for the children. As a follow-on from the issue of communication already dealt with above, reaching an agreement directly with your former spouse, whether that be directly, or with the assistance of a Solicitor, goes towards fostering a harmonious co-parenting relationship.

Should you be unable to reach an agreement with the other parent, whether that be due to the children being at risk of harm or the other party not cooperating, it is important that you seek advices regarding the initiation of Court proceedings.

5. Understand Your Financial Rights and Obligations

Familiarising yourself with your financial rights and obligations and having an understanding of the law regarding spousal maintenance, child support, and property division is crucial. Your divorce and separation lawyer will provide you with tailored advice, so you know where you stand, so you can make plans to move forward following separation, hence our motto, “helping you advance in life”.

6. Consider Alternative Dispute Resolution

Before opting for the lengthy and potentially hostile court process it is important to explore alternative dispute resolution methods such as mediation, arbitration, or collaborative law. There are several advantages to proceeding with one of these approaches including, that they are more cost-effective, they prioritise preserving relationships, especially when children are involved and they offer more control over the outcome, allowing the parties to actively participate in the decision-making process and reach mutually satisfactory agreements considering their unique circumstances and needs.

By considering alternative dispute resolution options, you increase the chances of achieving a more amicable and efficient resolution to your divorce or separation.

7. Take Care of Your Emotional Well-Being

Divorce or separation can take a toll on your emotional well-being, making it crucial to seek support from trusted sources. Lean on your family and friends for emotional support, as their understanding and empathy can provide a valuable source of strength. Also, consider seeking the assistance of a therapist or counsellor who specialises in divorce or separation to help you navigate the complex emotions and challenges that arise during this process.

8. Update Legal and Financial Arrangements

After your separation, you should consider revising your will to reflect any changes in beneficiaries or estate distribution preferences and reassess your superannuation and insurance policies, including to update the beneficiaries, if necessary.

Navigate the Divorce and Separation Process with Advance Family Law

Seek legal advice from Advance Family Law’s professional team of divorce and separation lawyers. For more details about us and what we can do to help you with your needs, explore our website. You may also call us on (07) 5679 8016 or email

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