5 key points to consider before separating

Ashleigh Barry, Senior Associate • Oct 20, 2023

Separating from a partner or spouse is a significant and often emotionally challenging decision. Before taking this step, it's crucial to carefully consider various factors to ensure you are making an informed decision that aligns with your best interests and the wellbeing of any children who may be impacted. Here are five things to consider before separating:


Emotional and Mental Readiness:

Assess your emotional and mental preparedness for separation. Are you emotionally ready to handle the challenges and changes that come with ending a relationship? Seek and maintain support from a therapist or counsellor if needed to help you navigate your feelings and decisions.


Legal Implications:

Take steps to understand the legal aspects of separation. This includes the division of property, spousal support (if applicable), children’s care arrangements and child support. Consulting with an experienced family lawyer can provide you with insight into the legal implications and your rights and responsibilities. You don’t need to have already separated from your partner to seek specialist family law advice. 


Co-Parenting Plans:

If you have children together, carefully consider how you intend to co-parent after separation. Consideration should be given to developing a workable and child-focused parenting plan that addresses time and communication with each parent (if appropriate) and decision-making responsibilities. Consider undertaking a Parenting After Separation course to better understand what tools will be required to achieve a positive co-parenting relationship.


Financial Stability:

Assess your financial situation post-separation. Determine how you will meet your living expenses and support any dependents. Create a budget and consider whether you need to seek employment, adjust your lifestyle, or negotiate financial arrangements with your ex-partner. Seek financial advice from financial planner to make longer term plans based on your likely future financial circumstances.


Support System:

Lean on your support system including friends and family during this challenging time. Consider seeking the guidance of a therapist or support group to help you cope with the emotional aspects of separation. Emotional support can be invaluable during this transition.


Each person's situation is unique so it's important to consider any specific factors that apply to your circumstances. Don’t fall into the trap of accepting what others around you have said should be the outcome. Keep in mind that separation can have long-lasting effects on your life and the lives of those around you, so it's essential to approach it thoughtfully and with a clear understanding of the implications.


If you are considering separation, seeking professional advice from an experienced family lawyer can help you navigate the legal complexities. At Kells, we have a large team of both male and female experienced family lawyers ready to assist.


Kells has been delivering outstanding services and legal expertise to commercial and personal clients in Sydney and the Illawarra region for more than five decades. Our lawyers are savvy and understand your needs.

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