When should you talk to a lawyer about separation from your partner?

The end of a marriage or de facto relationship is usually a time of high emotion and intense distress for spouses and any children of the relationship.  As a relationship deteriorates, uncertainty around care arrangements for the children, and how the property of the parties will be divided, is likely to cause both spouses significant concern.  Apart from the obvious barrier of cost, going to see a family lawyer can seem like a very drastic step to take, as it can shine a harsh light upon the reality that the relationship is coming to an end.  For this reason, spouses often do not seek legal advice in the early stages of a relationship breakdown.  However, seeking advice from a compassionate and experienced family lawyer at an early time can be an excellent investment.

Preserving the existing asset pool

In the early stages of separation, many people ask for advice from family and friends, and take actions based on a poor understanding of their responsibilities and rights.  Consulting a lawyer at or even before a separation will enable an individual to take appropriate and reasonable actions to protect their own interests, based on a firm understanding of their legal rights and the process that will be followed to achieve a property settlement.  This can allow an individual to reduce exposure to any actions their estranged partner may subsequently take to dissipate the asset pool or otherwise advance their own interests.

An example of this is when couples choose to reserve savings in their home loan to reduce the interest payable on their home loan.  These additional funds are often accessible for redraw by either party.  When a relationship breaks down, it is very important that these funds are not misused and continue to be available to service the joint liability of the home loan until such time as a property settlement is achieved.  Making a home loan account two-to-sign can preserve both parties’ rights, and is a simple and reasonable step that can be taken quickly with the bank to preserve the parties’ asset pool.  However care should be taken as to whether this is done with all accounts or just some, as if it done in relation to all accounts it can cause issues as to how income can make it through a two-to-sign barrier.

Protecting future interests

Upon separation it is also very important to ensure that a former spouse cannot unilaterally extend joint liabilities, such as credit cards or short-term lending facilities, or continue to access shared information sources such as email accounts or cloud data.  Separating spouses should ensure that they promptly inform financial institutions that a former spouse no longer has authorisation to act on their behalf, change passwords and sever connections of electronic devices to protect their own interests.  Practical steps such as these can protect an individual’s future interests, and in the midst of a separation, are often overlooked.

An early meeting with a family lawyer can highlight practical steps which may otherwise be overlooked, and provide guidance based on legal principles.  Family lawyers may also advise clients in relation to other ramifications that their separation may have upon their legal interests, and if necessary, recommend an individual seek further advice from professional service providers such as accountants, financial advisers, and therapists.

Arrangements for children

During separation, disputes regarding parenting arrangements and a poor understanding of parents’ responsibilities are common.  The family law framework sets out that parties are required to act in accordance with their responsibilities, in the best interests of the children.  Early advice from a family lawyer can clarify the process that is to be followed if parenting arrangements continue to be disputed.  This can reduce the conflict, by helping parents understand what they can and can’t expect from the other party, and what they are required to do themselves to act in their children’s best interests.  Highlighting parental responsibilities such as the requirement to consult on school and medical decisions, the need to continue to financially support children by meeting child support obligations, and the benefits and negatives of commencing Family Court proceedings can again serve to clarify a path forward during the separation period.

Lynn & Brown Lawyers encourage anyone considering a separation or who has recently separated to get in touch with one of our experienced family lawyers. You can contact us through our website www.lynnandbrown.com.au or by calling 08 9375 3411.

About the Author: This article is authored by Alison. Alison is a family lawyer specialising in parenting and property matters, and she also appears in the Magistrates Court on restraining order matters.  Alison completed her Bachelor of Laws in 2022 and was admitted to practice in August 2023.