Separation can be an emotional and overwhelming time. The decisions you make in the first few weeks after separating can have lasting financial and legal consequences, particularly when it comes to parenting arrangements, property settlement, and finances. Avoiding these common mistakes can help protect your interests and make the process smoother.
1. Moving Out Without Getting Legal Advice
Many people believe they need to leave the family home immediately after separation. While moving out may be the right decision in some circumstances, it does not necessarily mean you lose your rights to the family home or other property.
Before making any major decisions about where you live, it’s worth obtaining legal advice about your rights, your options, and the potential impact on parenting and property arrangements.
2. Emptying Joint Bank Accounts
It’s understandable to be concerned about protecting your finances after separation. However, withdrawing all the money from a joint bank account without agreement can increase conflict and may complicate future negotiations.
If you’re worried about access to joint funds, seek legal advice promptly. There may be more appropriate ways to protect your financial interests while ensuring essential expenses continue to be met.
3. Changing Parenting or Financial Arrangements Without Recording Them
Informal agreements can work well initially, but verbal arrangements are easily misunderstood or disputed later.
If you and your former partner agree on parenting schedules, financial contributions, or property-related arrangements, confirm those agreements in writing, such as by email or text message. Keeping a clear written record can help avoid misunderstandings and provide evidence of what was agreed if issues arise later. In some cases, agreements should also be formally documented to make them legally enforceable.
4. Posting About the Dispute on Social Media
What you post online during a separation can have unintended consequences. Comments, photos, messages, or even posts that seem unrelated may be relied on as evidence in family law proceedings.
It’s generally best to avoid posting about your separation, your former partner, the children, or any court proceedings. Reviewing your privacy settings and being cautious about what you share can also help protect your privacy.
5. Ignoring Time Limits
Property settlement claims are subject to strict time limits under the Family Law Act. For married couples, an application for property settlement generally must be made within 12 months after a Divorce Order becomes final. For de facto couples, the time limit is generally two years from the date of separation.
If you miss these deadlines, you will usually need the Court’s permission (known as leave) to bring a claim out of time, and that permission is not guaranteed. Seeking legal advice early can help ensure important deadlines are not missed.
Get Advice Early
Every separation is different, and getting legal advice early can help you understand your rights and options before making important decisions.
If you’re considering separating, or you’ve already separated, South Geldard Lawyers offers fixed-fee initial appointments with experienced family lawyers in Rockhampton mand Yeppoon to help you understand your next steps.
