Separating? What To Do Now.
What To Do When Separating
There's a lot to think about if you are considering separation, or are in the process of separating from your partner/spouse. This list will help you get started.
- Contact your bank to determine whether you have a line of credit or redraw facility on any loan. In the event that you do have funds available through a line of credit or redraw facility, you should freeze these accounts immediately to prevent your ex-partner removing all of the excess funds from your account.
- Contact the Australian Taxation Office (ATO) to notify them of your separation and have your ex-partner removed as a person who may access your tax records.
- Contact your superannuation fund(s) and have your ex-partner removed as a beneficiary under the binding and non-binding death nomination for your fund(s).
- Compile financial documentation for your Family Lawyers, click here to download a form you can you to collect your Income and Expenditure Information.
- Provide financial documentation to Lewis Holdway Lawyers.
- Apply for Child Support through the Child Support Agency. Forms can be downloaded at www.csa.gov.au. This web site contains a calculator to obtain an estimate valuation of your likely child support payment in the event you are receiving a payment. In almost every case the most cost effective method of obtaining child support is by obtaining an assessment through the Child Support Agency.
- In the event that you will be required to pay child support, you can access the calculator on the child support agency website at www.csa.gov.au to determine the likely payment that you will receive.
Spousal Maintenance Applications
- Complete Weekly Expenditure sheet and provide to our Family Law team.
- Keep a diary of your interactions with your partner including times that you spend with your children, telephone contact, and any concerns that you have with the other party. This can potentially provide vital information in the event that we need to file court proceedings.
- Provide a copy of your marriage certificate to our Family Law team.
- Provide a copy of your Divorce certificate (if you have one already).
- Provide a copy of your children’s birth certificate to our Family Law team.
It is common for people to want to make or change their Will following a separation. As spouses or partners are usually the main beneficiary, that may be something you wish to change. If you don't have a Will, are still married but are separated, you may want to create a Will that leaves your assets to your children rather than defaulting to your ex-partner.
We have a sister company, Legal Essentials, who can help you with your Will and Estate Planning. They can even meet with you at the same time as your lawyer at our offices in the city. Please see Legal Essentials for more details.
Separation Lawyers Melbourne
- Call us to arrange an appointment to go through your situation.
- Return your signed Client Agreement to our Family Law team to start the ball rolling.
Summary of Episode 2: Separation Hello, and welcome to our Family Law Q&A series with Natalie Fielding, Accredited Family Law Specialist at Lewis Holdway Lawyers. How can you protect yourself, your children and your property? Separation is a very emotionally bruising time in someone’s life and, for some people, the separation can come as a shock.…
How do I get a divorce? You can get a divorce by filing a Divorce Application at the Federal Circuit Court. When can I get a divorce? You must be separated for at least one year and one day before you file a Divorce Application. What does it cost? The Court filing fee for a…
Working out a Christmas Visit Christmas and the festive season is usually depicted as a joyful occasion where families get together and show their love for each other with quality time, gifts and share great food. Unfortunately, the pressure of trying to keep the peace can become too much for some couples at this time…
After the end of a relationship, many couples struggle to deal with their future, their finances, and their new-found single status. There are many misconceptions surrounding separation and particularly property settlements such as: 1. You have to be divorced first 2. If I get the kids I get most of the assets 3. I get…