- Get advice from a Family Law solicitor before you do anything as this may change what you do, for example you may still decide to separate and leave the former matrimonial home but it is important to understand and weigh up the advantages and disadvantages of leaving the home before doing so.
- If you do leave the home make sure you take with you as many of your personal belongings as possible as it is always harder to retrieve possessions after you have left the home. This includes obtaining copies of family photographs or videos for example as well as important documents such as passport, birth certificate and financial documentation.
- A good solicitor should be telling you not necessarily what you want to hear but what he or she considers a Court will do if you proceed with your claim. It is of no benefit to you to be lulled into a false sense of security by your solicitor only to find that, having spent many thousands of dollars on legal fees, you later find that a Judge is unlikely to award you anything like what you were seeking.
- Once separated you should immediately remove your partner/spouse as a beneficiary to your superannuation entitlements (if you no longer want he or she to inherit your superannuation) and you should also prepare a new Will that reflects your new circumstances. Please note however that until a property settlement is properly finalised, any jointly owned real estate held with your partner/spouse will not form part of your estate assets when you die, unless family law proceedings were already on-foot at the time of death. It is therefore best to finalise division of matrimonial property as soon as possible after separation.
- Be careful of accepting advice you receive from friends and family about separation; just because they have "been through it" doesn’t necessarily mean that all that happened to them will be equally applicable to your case. The circumstances of each family are different. It is best to get independent legal advice about how the law will apply to your situation.
- Be completely up front and honest with your solicitor when providing instructions regarding your case. If crucial facts are not disclosed to your lawyer and only come out later (at worst via your partner/spouse’s solicitor) this may harm your case. Your solicitor can work best with you if they know the full story.
In summary, even if you are only thinking of separating, it is always best to get competent legal advice before you act. This will help you to make informed and considered decisions.