What Are My Options When Separating From My Spouse?

Written by on October 27, 2020 in Laws and Lawyers with 0 Comments

There are countless reasons why you and your spouse might decide to go your separate ways. When you are not getting on, you are unhappy and you have tried everything to make the relationship work, separating from one another can sometimes be the best choice. However, it can be difficult to know where to begin and what options might be available to you.

For Australia couples who want to separate or divorce amicably from their spouse, there are a number of different avenues you can choose from. Depending on your unique circumstances, there are different options available to help you and your ex separate and move onto the next chapter of your lives with confidence. Many couples have made the difficult decision to separate but struggle to understand how they can move forward with the process.

Let’s take a look at what options are available to you when separating from your spouse so you can make the right choice for your circumstances.

The Do It Yourself Option

If you and your ex know exactly what you want from your separation, you can request a DIY kit from the Family Court to formalize your agreements without having to call in expert marriage separation lawyers. In Australia, it is possible to complete all of your financial settlements, arrangements for children and your divorce without any legal help and you will only need to pay the filing fees for your separation. However, this is a difficult and complex process, which is not generally advisable.

Consider Mediation

Mediation is a process whereby you and your ex work through the separation process with the help of a neutral, unbiased person. This third party is the mediator and, rather than offer advice, they simply facilitate the conversation between you and your ex to ensure that you come to an amicable solution. Mediation is an opportunity to reach a resolution with your ex without having to go to Family Court or to hire a lawyer. However, in many mediation proceedings, parties will have legal representation to give legal advice as required.

The Legal Route

When you and your partner decide to end your relationship, it is advisable to try to reach a resolution that will be agreeable to everyone, without having to seek out legal advice. However, if you cannot reach a point where you see eye-to-eye, it is advisable to call in the help of an experienced lawyer. Calling in lawyers can change the tone of the conversation very quickly, as many times the entire separation process will suddenly become much more aggressive.

Your lawyers will be able to advise you where you stand in relation to various issues form a legal standpoint. With the help of a good lawyer, you and your ex should be able to find some common ground and avoid having to go to court. Remember, that once things start to move towards court it and be very challenging for all parties and it is very difficult to deescalate the situation once you have gone down this road.

Make The Right Choice For A Peaceful And Amicable Separation

If you and your partner have tried everything to make your relationship work but still cannot find a solution, then separating might be the best course of action. Whether you have children, or not, making the decision to go your own separate ways is a tough decision to arrive at. However, with a number of different options available to you, there is every chance that you and your ex can find a way to proceed that will help to make the process as simple and straightforward as possible for you both.

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