Five things to consider before you separate

Separation is a significant life decision that can have far-reaching consequences. While it may be the right choice for many, it's crucial to approach this decision with careful consideration. As experienced family lawyers, we've guided numerous clients through this process. Here are five essential factors to contemplate before you separate.

Your emotional readiness

Separation is not just a legal process; it's an emotional journey. Before proceeding, ask yourself:

• Are you emotionally prepared for the changes ahead?
• Have you exhausted all options to save your marriage, such as counseling?
• Are you making this decision based on long-term issues rather than temporary emotions?

Remember, separation can be emotionally taxing. Ensure you have a support system in place, whether it's friends, family, or a therapist.

The impact on your children

If you have children, their well-being should be a primary concern. Consider:

• How will you explain the separation to your children?
• What parenting arrangement might work best for your family?
• How will you ensure your children's emotional needs are met during this transition?

It's crucial to prioritise your children's needs and work towards a co-parenting relationship that minimises conflict wherever possible.

Your financial situation

Separation can have significant financial implications. Before proceeding, take stock of your financial situation:

• What assets and debts do you and your spouse have?
• Can you afford to live independently?
• Will you need to seek spousal maintenance or apply for child support?

Consider consulting with a financial advisor to understand the long-term financial impact of separation.

The legal process

Understanding the legal process can help you prepare for what's ahead. Consider:

• Are you aware of the laws that apply to separating couples?
• Do you know what options are available to try to negotiate a settlement, like mediation?
• How would you go about formalising a settlement?

Educating yourself about the legal aspects can help you make informed decisions throughout the process, and we recommend you obtain information about the range of outcomes you can expect as early as possible.? Knowledge is power.

Your post-separation life

While it may seem distant, it's important to think about your life after separation:

• What are your goals for the future?
• How might your lifestyle change?
• Are there any personal or professional changes you want to make?

Having a vision for your post-separation life can provide motivation and direction during the separation process.

Separation is a complex decision that requires careful consideration of various factors. While these five points are crucial, every situation is unique. If you're contemplating separation and/or divorce, we recommend seeking professional legal advice to discuss your specific circumstances. Our team is here to guide you through this process, ensuring you make informed decisions every step of the way.

Remember, taking the time to carefully consider these factors doesn't mean you're indecisive. Rather, it demonstrates your commitment to making the best decision for yourself and your family. If you have any questions or would like to discuss your situation, don't hesitate to reach out to our team. Schedule a confidential consultation to discuss your unique situation and explore your options.

T: 08 9389 3999 E: [email protected]

• Melissa Milne
• Alison Brooks
• Rebecca Walker
• Grace Ritter
• Daniel Klingler-Jones