There are a number of traps that clients can fall into early on, which can be avoided and save a lot in terms of emotion and money:
1) Don’t be a keyboard warrior
We’ve said it before; we’ll say it again, once something has been released into the social media sphere, there is no turning back. Not only can social media posts be used in evidence, but Section 121 (1) of the Family Law Acts 1975 prohibits public dissemination of any part of proceedings, which means it can be an offence to discuss your family law matter on public forums such as Facebook or Gofundme.
2) Rethink that angry text
If your matter proceeds to court, every communication between you and your former partner can be used in evidence. Whilst your emotions are likely to be running high, this is no excuse for inappropriate or threatening language ( characterised as domestic violence by law). If a finding is made that you have perpetrated domestic violence against your former partner, then there can be serious repercussions in both Family Law and Domestic Violence Law.
3) Not getting it in writing
Whilst not binding, any informal agreement between you and your former partner should be recorded in writing. As well as ensuring that both you and your former partner are on the same page, recording an informal agreement in writing provides evidence as to your intention and further provides a clear record for future reference.
4) Getting the children involved
It is a proven fact that involving children in conflict and adult issues can cause them psychological and emotional harm. It is not appropriate to use children as vessels for communication with the other parent, nor to discuss complex adult issues with them such as separation and court.
5) Not formalising your property settlement agreement
Our job as solicitors is to provide you with advice to protect you from ‘the worst case scenario’. Even in circumstances where you and your partner are amicable, it is important to formalise your property settlement agreement by obtaining Consent Orders or a Financial Agreement as circumstances and relationships can and often will change over time. There is no way to compel another party to uphold a previous agreement if it has not been formalised.
6) Not getting advice early
A stitch in time saves nine. If you know where you stand in terms of your legal rights, obligations and entitlements from the get go, you are less likely to be blind-sighted by something later in the course of negotiations or court proceedings which could end up costing time and money to rectify.
We’re here when you need us
Here at Tiyce & Lawyers we are experts in Family Law, and can provide you with the advice and knowledge to approach separation with your best foot forward. If you would like a confidential chat contact us on 02 9211 9976.
