Women and Separation (Booklet) - Relationships Australia

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Making formal arrangementsParenting arrangements are decided in the ‘child's best interests'.Property division is based on several factors including direct andindirect financial and non-financial contributions and future needs.Recent legislation has given separating de facto couples and thosein same sex relationships similar property entitlements to marriedcouples. 4AgreeingThe best outcomes generally occur where couples negotiate their ownmutually-acceptable agreements about:• property settlement – how your cash and assets includingsuperannuation will be split up• parenting arrangements – who the child will live with and howmuch time a child will spend with each parent• child support payments – who will pay how much to assist withchild-related costs.You may need to use lawyers or family dispute resolution (see pages37-42) to help with agreements, arrangements or parenting plans.These may need to be formalised by a Court.Some couples are unable or unwilling to reach agreement in this way.Arrangements may have to be decided by a judge, and it may add tothe confusion, stress and powerlessness you already feel.In the Family Court:• 9.2% of Court applicants go to trial 5• 31% involve Court applications, but do not go to trial 5• 60% are sorted out with the help of family dispute resolution,lawyers and counselling out of court 5• 51% involve children. 5Approximately 50% of disputes settled by community-basedorganisations are resolved by mediation. 626
Making formal arrangementsDo your legal homeworkBecause of the legal issues involved, particularly in property andfinance matters, it is wise to get legal advice.Legal advice is not the same as a court battle. It should provide soundinformation and options for settlement that need not involve legalaction. Many lawyers experienced in family law will give you an initialfree or reduced-rate consultation and negotiate on your behalf aboutproperty, finance and the children. Check to see if you are eligible forLegal Aid.Contact:• your state Law Society or Law Institute for family law specialists• the Family Relationships Advice Line on 1800 050 321• the Family Law Courts website www.familylawcourts.gov.au• your nearest Community Legal Centre at www.naclc.org.au orWomen's Legal Service• a Legal Aid office in your state or territory.For more information see www.familyseparation.humanservices.gov.auand Where to get further assistance (pages 37-42).Lawyers cost money – do your research first• Think about the information your lawyer will need.• Prepare some written questions.• Seek help/advice to understand the system.When you visit your lawyer, ask:• a friend to take notes• for an estimate of costs at each stage• for the likely outcomes.If you are dissatisfied with the adviceyou get, seek a second opinion.Read: A Fair Share, Negotiating yourproperty settlement. See SuggestedReading (page 43).‘Going to a lawyer early inthe Family Dispute Resolutionprocess helped me understandmy legal rights aroundproperty. It was like making acareful business decision formyself.’B.S., aged 32, one year afterseparation27
Page 2 and 3: AuthorsMargot Rogers, Rosalie Patte
Page 5: ContentsSeparation and women's expe
Page 8 and 9: Women and Separation Managing New H
Page 14 and 15: The separationWho initiated the sep
Page 16: Women and Separation Managing New H
Page 33 and 34: Making formal arrangementsFamily di
Page 35: Making formal arrangementsFormalisi
Page 38 and 39: The futureMany women report positiv
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Women and Separation (Booklet) - Relationships Australia

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