Call our lawyers
now
or,
have our lawyers
call you
What to Do After Separating From Your Spouse
Updated on May 29, 2015 • 2 min read • 323 views • Copy Link
What to Do After Separating From Your Spouse
Have you just separated from your spouse or partner and dread the thought of going to Court to sort out property settlement and/or access to children issues? Did you know that Court really is only the last resort and there are many other options you can try beforehand? And – even if you can’t come to an agreement quickly, all is not lost. About 95% of all Court proceedings commenced in the Family Law Courts get resolved without going to trial.
What options are available?
It is sometimes hard to sit down with your ex and discuss these issues one on one. It can be very overwhelming for both involved and emotions are running high. As experienced family lawyers, we can help you write down in a letter what you are requesting and help you communicate your needs and concerns. This helps open up the dialogue in the hope an agreement can be reached. We can also help organise mediation between the parties and help you to formulate a plan to achieve your goals, and assist with putting child support arrangements into place.
What happens if we do reach an agreement as to property split?
In many circumstances through negotiations and mediation an agreement between the parties can be reached reasonably quickly. This agreement can then be drafted into Consent Orders and filed in the Court. The agreement will then become a binding Court Order. This can be done before your divorce application (if there is one) is finalised.
What happens if an agreement as to property split can’t be reached?
Sometimes, even after every attempt to negotiate has been made, there may be still some issues not agreed upon. In these circumstances you may need to commence proceedings in the Family Court. If your matter involves custody issues then the Court will allocate you a family consultant who will meet with yourself, your ex and the children to attempt to obtain a resolution. This will occur even before the first Court date. The Family Consultant will be involved until the matter has been finalised.
Separating from one’s spouse or partner can be a very difficult and confusing time. It is important that you get advice from an experienced family lawyer who can assess your particular situation and advise as to the best way to proceed.
Laura Turner
Senior Associate
Laura Turner holds a Bachelor of Laws and Bachelor of Arts as well as a Graduate Diploma of Legal Practice. She is admitted to practice in the Supreme Court of Queensland. Laura began her legal experience through volunteering with the Student Legal Service offering free advice to students, and through a clerkship in the conveyancing team of a law firm in Hobart. She also volunteered at a Prisoner Legal Service, assisting inmates to obtain parole. Laura has a strong focus on family law, criminal and traffic law, although looks to broaden her knowledge into migration and civil law.
Affordable Lawyers
Our Go To Court Lawyers will assist you in all areas of law. We specialise in providing legal advice urgently – at the time when you need it most. If you need a lawyer right now, today, we can help you – no matter where you are in Australia.How It Works
1. You speak directly to a lawyer
When you call the Go To Court Legal Hotline, you will be connected directly to a lawyer, every time.
2. Get your legal situation assessed
We determine the best way forward in your legal matter, free of charge. If you want to go ahead and book a face-to-face appointment, we will connect you with a specialist in your local area.
3. We arrange everything as needed
If you want to go ahead and book a fact-to-face appointment, we will connect you with a specialist in your local area no matter where you are and even at very short notice.
Related Law Topics
Preventative Detention Laws Passed
On 6 December 2023, the federal government passed legislation that empowers courts to make orders for the preventative detention of non-citizens who are believed to pose a risk of serious future offending. The courts have also been empowered to make orders imposing very strict supervision conditions while a non-citizen continues ....
Posted in:
Australia
GTC to Partner With Leading UK Firm Taylor Rose
GTC Legal is delighted to announce its upcoming partnership with leading British firm Taylor Rose, which will be drawing on GTC’s local market knowledge and advanced client acquisition techniques to expand its practice into Australia. Taylor Rose will contribute its valuable IP to develop and enhance GTC’s existing business, providing ....
Posted in:
Australia
Uncategorized
Go To Court Lawyers Ranked Best Legal Service
The Australian website Product Review, which provides consumer information and experiences of products, services and businesses in Australia has ranked Go To Court Lawyers as Best Legal Service. Go To Court Lawyers is thrilled to receive this recognition from such a widely recognised site that is commonly used by Australians ....
Posted in:
Australia
Blog
Press Releases
What is the ASIO Powers Amendment Bill?
The ASIO Powers Amendment Bill is currently before the House of Representatives. It is a bill, introduced by the Minister for Home Affairs, to amend the legislation governing the powers of arrest, questioning, search and seizure exercised by ASIO. Among others things, the bill proposes empowering ASIO to issue arrest ....
Posted in:
Australia
Criminal Law
Can I Leave Australia During COVID-19?
Please note that this post was published on 1 May 2020. The information contained on this page is no longer accurate. The COVID-19 pandemic has prompted the federal government to introduce stringent restrictions on travel into and out of the country. These restrictions are the strictest ever put in place ....
Posted in:
Australia
Immigration
The COVID-19 List in the Family Courts
In 2020, the family courts announced the introduction of a COVID-19 List to deal with urgent family law issues resulting directly from the Coronavirus crisis. The COVID-19 List was introduced in response to the large number of urgent parenting applications filed during March and April this year, which amounted to ....
Posted in:
Australia
Family Law
Was it Necessary to Suspend Parliament?
On 23 March 2020 it was announced that federal Parliament would not sit again until 11 August 2020 due to the spread of the Coronavirus. The Parliamentary sittings of May and June were cancelled and the budget was postponed until October. The move was opposed by Labor and the Greens, ....
Posted in:
Australia
Civil Law
Please note that this post was published on 23 April 2020. The information on this page is not longer accurate. On 7 April 2020, the national cabinet announced a Mandatory Code of Conduct that would apply to commercial leases where the tenant is a small or medium-sized business which has ....
Posted in:
Australia
Civil Law
Contractual Obligations During COVID-19
The commercial landscape that we once knew has been in turmoil since the outbreak of COVID-19. Federal and State Governments have been forced to take immediate action to curb the spread of this virus. These actions have had negative commercial and economic implications for Australian and Global businesses. Restrictions are ....
Posted in:
Australia
Civil Law
Since the outbreak of COVID-19, parents who have a co-parenting agreement or parenting orders have found themselves in uncharted territory. The courts have been operating differently due to the pandemic and are only hearing urgent family law proceedings and are doing so via audio-visual conferencing. As a result, parents are ....
Posted in:
Australia
Family Law
Coronavirus and Force Majeure Clauses
As businesses shut down or reduce their operations due to the spread of COVID-19, parties to commercial contracts may be seeking to resile from their contractual obligations. One way a party to a commercial contract may be excused from performing all or some of its obligations is through reliance on ....
Posted in:
Australia
Civil Law
What is the Religious Discrimination Bill?
In 2017, in the wake of the same-sex marriage poll, the federal government announced its intention to look into the need to pass laws protecting against religious discrimination. In December 2019, the second draft of the Religious Discrimination Bill was released. The Bill contains provisions that guard against discrimination on ....
Posted in:
Australia
Civil Law