For most people going through a separation, it is their first time, so it is not unusual to have no idea of the process to follow.
As separation is hard enough, you do not want to add more to your plate by making some common mistakes that could easily be avoided.
For people considering a separation, one of the most important things to do first is to seek legal advice.
It is possible to do this before you actually separate which enables you to gain an insight into crucial matters that you need to be aware of before you make your decision.
A lawyer can confidentially help you to prepare for what is ahead should you choose to separate.
They will also be able to refer you to other appropriate professionals, such as psychologists, to assist during this difficult time.
You may need to also discuss the impact of separation on your safety and obtain advice about the steps you may need to take to ensure yours and your children’s safety.
By coming to see a lawyer before making a final decision, we can give you a significant checklist of all the information you need to bring to us should the separation occur.
This information can often be gathered discreetly.
You are entitled to this information and there is nothing illegal about copying it.
If the documents are only originals, it is important to ensure that there are copies made regardless of whether you believe the separation will be amicable or not.
Examples of financial documents required could include contracts of sale, bank statements, copies of wills, loan documents or letters from banks and superannuation statements.
Another mistake a lot of people make when separating is for one or both parties to access or redraw significant funds in a bank account.
This is something you need to speak to your lawyer about beforehand, so they can give you advice and explain the risks.
Be very careful about clearing out bank accounts because there are emotional and tactical impacts of doing so.
What you can do though is to make sure steps are in place to ensure that if you or the other party wish to do so, then accounts require both signatures before any major withdrawal.
Where there are a lot of high-value assets in the family home such as jewellery, artwork, or significant collectables, it is wise to take a numbered photographic inventory of each item.
This is because one party might say the piece is worth significantly less than what the other person believes it is worth. If it is not catalogued it may be (accidentally or deliberately) omitted from the pool of assets and therefore can fall off the radar in terms of being able to be valued for the purpose of settlement.
There are a number of common misconceptions about property settlement outcomes in the community.
Many people are told by family and friends that they should expect a certain outcome.
You should be very careful about getting ideas or expectations lodged in your mind as a result of the opinions of these “pub lawyers”.
Their understanding of what your legal entitlements are is often incorrect.
When receiving well-meaning advice from friends and family, it is important to take it with a huge grain of salt.
