sign up Your signup was successful Subscribing..


< back

Separating during Lockdown

By Dharsh Nanayakkara - 24 Aug 2020

The pressure on couples living together 24/7 in their household 'bubbles' has led to a rise in separations during lockdown. Couples have been forced to spend more time together while trying to work from home, fulfilling their usual household duties, paying their bills on time and (where children are involved) attending to their daily needs as well.

If you are contemplating separation during this challenging period, there are many emotional issues and practical concerns you will face. These may include:

  • What counselling/dispute resolution services are available for me and/or my partner/spouse to assist our relationship?
  • If we separate what does the law say about care arrangements for our children?
  • Who gets to stay in the family home?
  • How will our relationship property be divided?
  • How do I get more than half of the relationship property?
  • What financial support is available to me?
  • What child support is available for our children?
  • How does separation affect my business?
  • How does separation affect my/our family trust(s)?
  • How does the contracting out agreement I signed before separation affect things now?

If you are concerned by any of these issues, it is wise to consult a family lawyer before making any immediate decisions.

You do not need a lawyer to separate, but agreements about the division of relationship property following separation are not legally binding under the Property (Relationships) Act 1976 unless they are certified by independent lawyers for each party. So both parties need to see a lawyer to resolve the division of relationship property.

If you have children, care arrangements for the children should also be recorded in a parenting agreement to avoid confusion/uncertainty about who is responsible for their primary care and how contact between the children and the other parent is maintained. A parenting agreement does not need to be certified by lawyers, but we can help you understand your rights as a guardian and discuss tailored options to meet the needs of your children.

Involving a family/divorce lawyer does not mean that an ongoing amicable relationship with your spouse/partner is destroyed. Our objective is to negotiate the best settlement for you in an amicable and efficient manner. Court proceedings are only filed when no agreement is possible.

Should you or anyone you know require assistance in considering the legal implications of separation contact Dharsh Nanayakkara or any member of our family law team today.


Forward to a friend

Leave a comment