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We're Separated - What's Next

We're Separated - What's Next?

Friday 20th of September 2024
By: Gillian Coote, Principal and Accredited Specialist in Family Law

He is really good at his job!

Do I need a Lawyer?

In short, yes! 

Many people go through life without ever needing to consult a lawyer, except perhaps when they are buying or selling a property or preparing a Will. 

Not all separating couples will need lawyers to assist with all or any aspects of their property division and parenting arrangements.  However, it will be invaluable for you to know how the Courts work, and how your rights and obligations under the various pieces of legislation relevant to separating couples applies in your unique circumstances, and to do so early in the separation process. 

Knowledge is power, and it is incredibly difficult to make an informed decision about your future following separation without understanding the relevant law.

Separation is painful and creates anxiety for most people, whatever the circumstances.  But knowledge of the system and the law goes a long way to reduce that anxiety. Don't forget, knowledge is power!

Choose a lawyer with whom you feel comfortable but do make sure they are a family law specialist accredited by the Law Institute of your State.

The pathway to a resolution

Following your initial conference, you should have a good understanding of the next steps to move towards a resolution.

Your lawyer's role might be to support you to negotiate your financial or parenting arrangements with your partner directly.  It might be to refer you to a Family Dispute Resolution Practitioner, to a Mediator or to a Family Therapist.  Your lawyer may negotiate with your partner or their lawyer on your behalf, or it may be that an Application to Court is necessary if the matter is urgent or complicated. 

There are many ways to get to a resolution and engaging a family lawyer for advice does not necessarily mean that you will end up in a Court setting.  It will however give you the tools necessary to determine the best resolution for you and your family, and the earlier you have those tools, the more empowered you will feel.

Coote Family Lawyers are recognised as one of the top family law firms in Melbourne.  Please call us on (03) 9804 0035




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