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SIX THINGS TO AVOID IN A FAMILY LAW DISPUTE

By February 12, 2021November 10th, 2021No Comments

Separating is stressful.  For many years you have enjoyed a close relationship with your now ex significant other.  You have joint assets and liabilities and often children together.  In this stressful situation we see many people making similar mistakes.  These are just a few to turn your mind to:-

  1. TAKING ADVICE FROM THE GUY OR GIRL DOWN THE PUB, SUPERMARKET OR YOUR EMPLOYMENT

Each case has its own particular circumstances and what is right for one person may not be right for you.  You wouldn’t ask for  plumbing or electrical advice from an unqualified person.  Why do that with potentially your greatest assets?

  1. INVOLVING THE CHILDREN

The decision to separate is already turning their world upside down, why make it worse?  Children do not need to take sides and in creating this situation you can run the risk of alienating your children and/or paying for psychologists and mental health specialists for the foreseeable future.

  1. POSTING ON SOCIAL MEDIA

Bad mouthing your ex or making disparaging remarks on social media may be used as evidence against you.  Seek professional help if you are really finding it difficult or enlist the help of your friends (not to make the disparaging remarks for you).

  1. NOT PROTECTING YOUR ASSETS OR REDUCING THE POTENTIAL FOR FURTHER LIABILITY FROM YOUR EX-PARTNER

If your ex-partner has a property in their own name which you have jointly contributed to, consider your options to protect that asset so it remains in the property pool.  Similarly, cancel joint credit cards, bank accounts (if possible), to reduce the risk of your ex-partner removing the assets or creating more liability which is in both names. Always easier not to have the problem, rather than having to resolve one.

  1. NOT SEEKING ADVICE FROM A LAWYER AT AN EARLY STAGE

Often an appointment with a lawyer shortly after separation will be beneficial in educating you as to your rights and obligations in relation to both parenting and financial matters after separation.  Even if you decide to “go it alone”, it is useful to know what could happen if it all goes wrong.

  1. NOT DOING ANYTHING

There are deadlines for making applications to court if you cannot work out things by yourselves.  By doing nothing, you run the risk of not being able to bring any claim against your ex-partner for a property division.  For married couples the deadline is twelve months after the date of a divorce order and in defacto relationships the deadline is two years after the end of the relationship.

Where almost 50% of all relationships end in separation or divorce, make sure that you are aware of your rights and obligations if your relationship breaks down.

If you would like to discuss the above with our principal, Kym Chapman, please contact her on 0416102577.

Kym Chapman & Associates provide legal advice for Northern NSW and have offices based in Byron Bay and Cabarita.