If you are, or someone you know
is, one of the many people who find themselves either embracing a new life this
year or forced into it, there are five key things we encourage people to
consider:
1. What will the journey be
like?
It seems everyone has a friend
who has separated. So often, the friends have had a hideous experience with
family lawyers and the court system and are full of doom and gloom. It’s really
important to decide at the outset what you would like the tone of your
separation to be. It may be that your separated partner doesn’t want the same
journey as you, but it’s a start to know what you want it to be.
If you have kids, is it important
to you to be able to functionally co-parent? Do you want to amicably resolve
things and move on with your life? Are you happy to spend lots of money and
emotional energy having a big court battle or would you rather resolve things
far away from the court process?
2. Be supported by those
around you, but seek professional advice.
As separation is so common, many
people think they are experts. ‘Oh, you’re a mum with the kids – you will get
75%. That’s what my cousin got’ ‘Mate you won’t have to pay her spousal
maintenance, my friend from work doesn’t pay anything to his wife’ etc. Family
law relies heavily on assessing individual circumstances so what happens for
one family won’t happen in the same way for the next.
By all means, be
supported by your friends, but don’t rely on what they say about
practicalities. Seek professional advice about your situation.
3. Decide what advice you need
It can be a good idea to start
with speaking to a lawyer as they can act like your project manager and refer
you for psychological, financial and other advice as required. If you see a
lawyer who has trained in collaborative practice, they will have a strong emphasis
on helping you resolve matters between you in a way that keeps you out of
court.
Some people choose to start with
seeing a mediator – an independent third party who can help them to have
constructive conversations about their arrangements post-separation.
Alternatively, you could start
with a child psychologist to discuss arrangements for the children, or with a
financial planner or accountant to discuss property settlement and income
support. Whichever path you choose, we recommend at least speaking to a lawyer
about any potential agreement and how to make sure your arrangements are made
binding.
4. Putting things in writing
Remember anything you put in
writing to your ex, by email, text etc. can be attached to an affidavit and
presented to the court if you end up there. Any even apart from that, words
have impact. Think very carefully before you initiate communication of any kind
and make sure you re-read anything you’re writing to think about the impact on
the person receiving it.
5. If you have kids, take note
The research overwhelmingly
concludes that children do okay when their parents separate, provided they are
not in the middle of conflict. Remember, your child is half their mum and half
their dad.
Don’t criticize your ex around your children and don’t expose them
to any arguments between you.
Children need to be free to love and enjoy time
with both of their parents. Although separation is often painful, with the
right support and with time, it will be okay.