Tips And Traps For Separation

Your partner

• Be aware of your partner’s intentions and emotions.
• Seek advice to deal with your partner’s needs and ‘emotional hot spots’.

Your finances

• your financial resources to minimise the impact of separation.
• Close all joint bank accounts as soon as possible and set up an account of your own.
• Commence negotiations and try to resolve financial issues before goodwill dries up. Work something out while communication is possible, don’t leave it too late.

Leaving the family home

• Seek legal advice and counselling before leaving the home
• Take personal belongings, documents and other items you may need when leaving.

Later communication with your partner

• Keep a diary noting all events, phone calls and discussions regarding your financial situation and negotiations or decisions that result upon separation.
• Remain calm during all discussions with your partner.   
• You need to protect yourself against your partner bringing a Domestic Violence Order against you.
• Keep the lines of communication between yourself and partner open, amicable and civil wherever possible. 

Legal considerations regarding agreements

• Verbal agreements in relation to property or other issues cannot be enforced if either you or your partner do not uphold your respective sides of the agreement.
• Agreements may only be enforced if:

  Ø  Consent Orders or other Orders are issued by the Court; or 

  Ø  you and your partner enter into a binding financial agreement 

Do you agree with this?  Are there any other tips and traps you believe should  be considered?