Family & Divorce Lawyers Greenwich

June 10, 2020
  • By
  • Lisa Wagner &

    • Doolan Wagner Family Lawyers are local to Greenwich and want you to be confident through your separation.

    Below, we share our tips for Sydney’s North Shore & Greenwich clients to stay confident and in control during this turbulent time.

    While you untangle your lives from your ex-partner the key to staying positive is to do a bit of planning now. Doolan Wagner Family Lawyers are close to Greenwich and have helped many families on Sydney’s North Shore find a smooth separation & divorce. Leave the complicated stuff to them to negotiate. You can stay in control by tackling some of these quick tips today.

    Preparation at this early stage of separation will avoid delays down the track. Importantly it will create some space so you to take care of yourself. Staying positive will come easily when you are armed with good information and when you stay physically and emotionally well.

    We’ve split this summary into two categories:

    • Quick tips you can action today.
    • Information that needs your consideration and legal expertise.

    Doolan Wagner Family Lawyers can answer your queries over the phone. Or their office is only 5 mins from Greenwich in St Leonards. They are Sydney’s North Shore divorce specialists who will provide you with peace of mind and a smooth settlement.

    Quick tips you can action today.

    Stop using social media.

    Social media is easily misunderstood and there is no control over how it’s perceived by others. Try to keep your separation private and avoid oversharing any details. Be aware, that posting electronically about a family law matter that identifies individuals, including children is an offence. It can damage your case and create issues for you later. Stop posting today.

    Get Paperwork Organised

    Various documents will need to be referenced during the formalities of a separation. To avoid any delays in the process, gather the appropriate documents into a folder. Once it’s in place, you won’t have to think about it again, and the family lawyer can refer to it as needed.

    Here is a quick list to get you started. Original documents are best.

    – Passports, marriage certificates, latest bank statements, superannuation records, certificates of title for the property, real estate agreements and of course, pre-nuptial agreements.

    List the jointly owned assets

    Money can be the most contentious aspect of a legal separation or divorce. While a family lawyer can negotiate the terms for you, some planning now will help with pragmatic conversations later. Make a list of the jointly owned assets today.

    Include everything, from the family home, investments, and superannuation to the cars, jewellery, art etc. Try to estimate a value for each item and include any associated debt.
    Financial settlements are different for each case, and a family lawyer will assess the household budget and consider responsibilities like school fees and mortgages. Doolan Wagner Family Lawyers can explain what’s relevant to your circumstances.

    Eat well. Meditate. Exercise.

    By staying physically and mentally well during this time, you will be able to cope with extra stress.
    Get inspired by food and plan your meals so they are nutritious and balanced.

    Meditation is as easy as sitting quietly for 10 mins before bed. Set a timer and breath. It will reset your mind.
    Go for a walk after you read this. There are so many benefits to regular exercise. It will alleviate anxiety, create some thinking space, and ensure you get a good night’s sleep.

    Explore someplace new to take your mind off the complex issues. Either a coastal walk on Sydney’s North Shore or a local bush walk around Greenwich. It will energise you.

    Information that needs your consideration and legal expertise.

    For most people being armed with good information, means feeling in control and this will help you to stay positive during this process.

    The following considerations are essential aspects of separation and divorce. But they may not be straightforward for you. Take your time to make notes and write down questions. You may need to check in with a family lawyer before you make some decisions.

    Think about your living arrangements

    This may already be decided for you. Or it may feel like a big decision you need to make quickly. Take your time.

    First, consider the separation period. Will you live together or apart?

    Remember if you’re married you will need to be separated for 1 year before a divorce is finalised, and for a de-facto relationship, you have up to 2 years to settle your matter. In this separation period, you may consider living under the same roof for financial or parenting reasons. If this is your choice seek guidance before you commit to it. You will need clear evidence proving that you’re living as individuals, and not as a couple. This includes financial arrangements. It can get complicated and may not be sustainable for you. Ask Doolan Wagner what will work best for you.

    If your choice is to live apart. Who will move out?

    Is it you? Get advice from Doolan Wagner Family Lawyers on the impact it may have on your case.

    Plan how to co-parent

    Address co-parenting arrangements with your ex-partner as soon as you can. Particularly if you’re living apart. A simple plan to co-parent is ideal as it will create a good routine and a secure environment for the children during this time. Write down all the options as an initial step.

    Remember it must serve the best interest of the children and it is a shared responsibility of both parents, so be prepared to negotiate. Put some time aside with your ex-partner to discuss it in detail. There are many factors to consider here, including school and sports schedules, work location, and travel between households. If the situation becomes unworkable speak with Doolan Wagner Family Lawyers. The Principal, Lisa Wagner is a Registered Family Dispute Resolution Practitioner and can answer your queries over the phone.

    Seek professional guidance

    Doolan Wagner Family Lawyers are local to Greenwich and are known for their integrity. They will walk you through the intricate legal process and support you with practical advice at each stage.

    They specialise in negotiation, mediation, and litigation of legal separations and divorce, including financial settlements and co-parenting agreements.

    Also read: Mediation & Family  Dispute Resolution Lawyers

    The team is focused on facilitating a hassle-free settlement for you.

    When you meet with them in St Leonards, we will,

    • Methodically review your case,
    • Present an assessment of all relevant scenarios for you,
    • Discuss the options available and
    • Provide you with sensible advice.

    Doolan Wagner Family Lawyers will keep your legal separation or divorce positive and professional.

    These posts are only intended as an overview or comment on current issues that may interest you and are not legal advice. If there are any matters that you would like us to advise you on, then please contact us.

    Find out how we can help you

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    Call us on (02) 9437 0010

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    What time limits apply in Family Law matters?

    For marriages, you must apply to the Family Court for a property settlement and/or spousal maintenance within twelve (12) months of the date of any Divorce Order taking effect.   For de facto relationships, you must apply to the Family Court for a property settlement and/or spousal maintenance within two (2) years of your date of separation.

    Do I need to get the former matrimonial home valued?

    Given the fluctuating property market, it is in your best interest to obtain an updated valuation of the property, especially if that is the only major asset in the joint property pool. You can also obtain market appraisals from your local real estate agent. For example, in Greenwich you can approach Harbourline Real Estate or Carter Jenny Real Estate.

    Can my social media be used in family law proceedings?

    In short, yes. Parties should be careful about what they post on their social media profiles. Increasingly, it is becoming more common to tender social media posts in Court.  For example, one parent telling the other that they could not look after the children because they were unwell when in reality, they were ‘tagged’ on Facebook attending a concert.

    During our separation, my partner and I got back together a couple of times. Does that mean the twelve (12) month period will restart?

    Not in all cases. Under the Family Law Act, if a couple separates and then reconciles for a period of three (3) months or less, before separating again, then the two periods may be combined into a ‘single period’. However, if you and your partner reconcile for a period longer than three (3) months and separate again, then the date of separation will commence on the date of the most recent separation.

    What is arbitration?

    Arbitration is one of the many alternate dispute resolution processes available to you and finalise your settlement.  Arbitrations can be run flexibly. Once hearing all the evidence, the Arbitrator makes a binding determination to resolve the dispute.

    How long will it take to resolve my family law matter?

    If Court proceedings are required then the Family Court of Australia estimates that from the date you file an application it you can take up to three (3) years to reach a final hearing and obtain a decision from the Court.   Thankfully only 5% of matters require a final hearing.