5 Things You Must Know When Separating or Going Through a Divorce

Going through a divorce is one of the most painful things that can happen in your life. There is no doubt that separation and divorce can send your stress levels skyrocketing. Of course, stress can lead to poor decision-making, and this is why it is essential to pause, step back and try to clearly evaluate your situation. In this e-book, we will examine 5 of the most important points you should know when separating or divorcing. Just remember, you are not alone.

1. Separation and Moving Out of Your Home If you are separating, should you also move out of your home? This is often a tough and stressful question, and there are three factors to consider.

Financial Circumstances

The first factor is would moving cause the family a great deal of financial stress? Answering this question can be tricky even in dual income households. But when there is only one breadwinner, then the decision as to whether or not you should move out may be largely based on financial circumstances.

Emotional Impact on Children

If you have children, you will want to pause and consider the emotional impact that your departure may have. Even older children who pretend to be detached will be significantly impacted by the lack of real or perceived stability.

Whether Moving Out Will Impact the Prompt Resolution of Your Situation

Another factor to consider is whether or not your decision to move out will help bring about a prompt resolution. Quite often, moving out is only the beginning of the separation and divorce process.

2. Property Concerns If you share property with your current spouse, then you must answer the question, “Am I entitled to property that isn’t listed in my name?” If you contributed to the acquisition or even the maintenance of the property, then you may have a claim on the said property. Additionally, the length of your relationship with the person holding the title of the property can be factored into the equation.

The issue of children can also play a role in determining whether or not you are entitled to a given piece of property. If there are young children that are using the property as their home, then this factor may provide you with some entitlements to the property whether your name is listed on the title or not.

3. Legal Property Transfer After a Divorce In order to legally transfer a property after a divorce, the Form 11 Application for Consent Orders is a legally binding document that can be filed in the Family Court of Western Australia. This document is used to finalise a property settlement and also provides for the legal transfer of property between spouses. The Form 11 Application for Consent Orders also provides for stamp duty relief and capital gains tax relief as well as assistance in obtaining finance for the transfer of property.

In terms of keeping a given piece of property after a separation or divorce, you can keep the property if it has been legally transferred to you. Additionally, regardless of whether they are in joint names or separate names, all of your assets will be considered as part of your separation or divorce. Please note that unless property has been legally transferred between you and your spouse, the issue of ownership may not be resolved.

4. Child Support After Divorce Are you responsible for child support after a divorce? The answer is yes, up until a child turns 18 years of age, parents have a legal obligation to financially contribute to the well-being and needs of a child.

The Child Support Agency handles issues regarding child support. Since 1998, this government organisation has administered and collected payments. They have a set equation that factors in the parents’ income, specific arrangements, the ages of the children and other factors as well. You may need to seek legal advice regarding payments or to address specific questions you have.

With that stated, it is also possible for parents to enter into private agreements regarding how child support is handled and allocated.

5. The Next Steps Separation can be very confusing and unsettling; this is especially true during the first few days and weeks. Feeling this way is normal. There are important steps you’ll want to take in order to move forward immediately after you have separated.

Get Legal Advice

The very first step is to acquire legal advice, as it will help you gain a greater understanding as to your exact entitlements regarding property. If you have children, you’ll learn about your custody rights and the amount of time you can see your children.

Provide for the Best Interests of Children

Secondly, you will want to take steps to ensure that the best interests and safety of children are always made a top priority. Be sure to be patient and reassuring. Also ensure that your children have stable routines and plenty of stability during the transition period.

Keep Decisions Logical

Third, refrain from making any emotion decisions. Seeking proper legal and psychological support will help reduce the chances of making an overly emotional decision.

By investing the time to address these five key areas, it is possible to make your separation or divorce an easier process. While separation and divorce are not easy, following the steps we’ve outlined here will help you make it through this major life transition.