Clarifying separation, settlement and divorce.
A separation happens, whether you’re married, whether you’re defacto, whether you’re same sex, no matter what your relationship the separation triggers the same legal rights these days. You can be you separated, while still living under the one roof together, but usually it’s when one of the parties moves out.
When separation happens, or even before separation, people immediately start thinking, “Divorce, kids, financials?” These 3 things are dealt with separately as well:
- You’re going to want to have arrangements for your children,
- You’re going to want to do a financial settlement, and
- If you’re married, divorce can happen regardless of those other two things being finished or not.
You don’t need to trigger a divorce to do a financial settlement. Divorce is quite often the final step for people at the very end, and sometimes not even necessary. Divorce can’t happen until you’re separated for 12 months.
You can see that you wouldn’t want to wait 12 months after separating before you started dealing with arrangements for your kids or separating your property interests.
Think about arrangements for your children, and your financial settlement, individually, rather than as a whole. If you look at it all as a whole, it can be quite overwhelming, but just approach things step by step. Get more information here.