Marriages or couples can decide to separate on different grounds or based on many reasons. Mostly, one partner may feel that their children and themselves are at risk of immediate danger or harm. In such a scenario, they decide to get the police involved, and they will be the ones to decide whether or not to take action. Either way, it is best to get legal advice from divorce lawyers in Adelaide before you start the process. Here is how you can apply for legal separation in Adelaide.
Separation
Separation usually occurs when two married people can no longer stay in the same relationship. They can decide to go their separate ways or still live under the same roof. This is called separation under one roof. In most cases, separation is the first step to divorce. According to Australian family law, you must have 12 months of separation before filing for divorce.
It gives the couple ample time to think things through and be sure if they are making the right decisions. During the separation period, the couples can take the opportunity to plan for property division and the custody of the children. These are usually stressful and difficult choices to make, so working with family lawyers in Adelaide is the best decision.
How To File For Legal Separation In Adelaide
Separation rarely requires a lot of legal obligations or processes. However, if you need yours to be a legal one, there are a few steps you need to follow:
Have the initial conversation and decision making
If you suddenly feel you and your children are at risk in your home in the presence of your partner, then seeking the help of divorce lawyers in Adelaide is not the best step to take. You need to get the help of a specialist who will help you decide to stop being together. Once you have dissolved the relationship, it is important to communicate the same to your partner, which you can do in many ways.
The separation does not require you to agree on the separation arrangement. And it does not need a court or lawyers to make it happen. However, it is best to get guided advice and help.
Get advice and supports
Separation can be stressful; it is best to have the necessary support to help you through the journey. Different people will react differently to your decision, and you might experience some pressure. Therefore, before you get started, put together financial, mental, physical, relationship, and legal support that you can easily access.
Work towards agreeing about the properties and the children's custody
The major argument points during or after separation are always the properties – how to divide them. The interesting part is that, unlike divorce, you can obtain a property settlement during a separation with the help of family lawyers in Adelaide. During a separation, what counts as property include;
- The house and any real estate investment
- Cash and other investments
- Vehicles
- Insurance policies
- Personal effects like jewellery
- Businesses and assets and
- superannuation
For the children, ensure you both have their best interests. Pick who decides about the children's future, the parenting matters, and the custody arrangement.
Formalise and effect the separation agreement
Mostly, separation should occur amicably, but sometimes, it does not require consent. Make sure you agree on most aspects of the separation before you head to court. Sometimes your family lawyer will advise on mediation. If all the negotiation approaches do not work, you can decide to go to court, which will be expensive and time-consuming.
Separation can be stressful and tiring, but it's time to begin afresh once the whole drama cools off. Just make sure to stick to your end of the deal. If the other partner is not compliant, get in touch with your lawyer and sort out the issues. However, if everything is smooth, it's time to think about your future.
0
