On Separation

On separation each spouse may need to make some immediate decisions about matters such as:

1. Interim Orders;
   
2. Separating psychologically from one another;
   
3. Where the children will live and who will take care of them;
   
4. How will you support yourself and the children;
   
5. What, how and when you will tell the children and family about the marriage breakdown and separation;
   
6. Who will pay outstanding debts;
   
7. Who will stay in the primary residence;
   
8. Are you frightened that your partner has disposed or manoeuvred property out of the relationship in preparation for separation?
   
9. Has your partner complex company or trust structures designed to attempt to defeat your just claim over property, or is your partner simply asking for too much property and being unreasonable?
   
10. Are you concerned about the third party involvement of your partner's parents or siblings sheltering your assets?
    
11. How will the rent or mortgage be paid and by whom;
    
12. What will happen to any joint accounts;
    
13. What will happen to the house, furniture, car and other property.

A wife and husband may agree on the division of property and superannuation between themselves. It is recommended that an agreement typically Consent Orders be formally approved by the Court for two reasons:

1. it avoids the possibility of future claims by either spouse; and
   
2. Stamp Duty is exempt on any transfer of matrimonial property including house and motor vehicle.

 

 

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