Separating from your partner

Separation is an upsetting and difficult experience.  However, separating from your partner doesn’t need to be characterised by conflict.  You and your former partner may be able to reach agreement about the important issues, which include:

  1. the care of children; and
  2. how real estate, superannuation, money and other belongings will be divided.

The benefits of reaching agreement are numerous and include:

  1. you avoid having important private decisions made by a Judge.
  2. you reduce the financial and emotional costs;
  3. your are more likely to be a cooperative parent; and
  4. you can get on with your life without lengthy Court proceedings.

It is sensible, if you have achieved an agreement with your former partner, to have a written agreement approved by the Court.

The way to do this is by applying to the Court for Consent Orders. Consent Orders can cover parenting arrangements for children as well as financial arrangements.

Consent Orders have the same legal force as if they had been made by a judicial officer after a final hearing, but can be made without you going to Court. In short, Consent Orders give you legal protection without the disadvantages of legal proceedings.

If you would like to get an ‘Application for Consent Orders Kit’ or find out more you have a number of options:

  1. go to: www.familylawcourts.gov.au, or
  2. call 1300 352 000; or
  3. give your local Family Law Specialist a call.

Suzanna Sheed
SMR Legal
Family Law Specialist

 

 

SMR Legal Pty Ltd