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What steps to take after separation

Daniel Dalli discusses five crucial steps to take immediately following a separation

1. Get Legal Advice as soon as possible.

You may not need to engage a lawyer immediately, however it will most likely be beneficial for you to receive advice about your circumstances. Generally a lawyer will be able to give you advice about your entitlements, parenting arrangements and a range of other issues that are likely to arise. There may also be a number of urgent matters that require attention such as spousal maintenance and parenting issues.

2. Consider whether mail redirection is necessary.

To ensure that your mail remains confidential, you may wish to consider redirecting your mail to a more secured address. This issue also applies to email communications – if you have a shared email account, it is a sensible idea to create a separate account for your future communications.

3. Start a journal and maintain it regularly.

This will be useful in recounting any discussions or incidents that are relevant to your matter. Your lawyer will assisted by your clear and accurate instructions. It is also important to take note of your separation date which will be required if you apply for a divorce in the future (12 months from separation).

4. Address your Will and any Enduring Power of Attorney.

Think about whether you need to update your Will or revoke any Enduring Powers of Attorney (either personal, financial and/or medical). Unlike divorce, separation does not have any impact upon your existing estate plans. It is important to review these documents and consider seeking legal advice.

5. Keep calm and avoid any conflict with your former partner.

Avoiding conflict will go a long way in resolving any matters arising as a result of your separation. In fact, any conflict is likely to produce new issues that need attention in what are already an extremely testing set of circumstances. If the other party begins an argument, remove yourself from situation and ensure that you maintain a high standard of behaviour.

For more information on the above and other important steps to action immediately following a separation, contact Daniel Dalli for a confidential discussion about your circumstances.

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About the author

Daniel Dalli
Associate

As an advocate of collaborative law, Daniel provides his clients with an approach to family law disputes that aim to resolve such issues by way of a non-litigious form of dispute resolution. In contrast, Daniel has acted in several trials before the Family Courts of Australia regarding complex parenting and property matters and has the confidence of his clients to achieve the best outcome.

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