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.