The most Challenging Family Law Separation Planning Questions

On 28 February 2023 our Director, Anna Roberts and Accredited Specialist in Family Law, Marie Hayter hosted a live Facebook Q&A answering the most challenging Family Law Separation Planning questions, see below their answers.

The below content is the second part of a three part series answering:

  1. The most Challenging Family Law Parenting Questions
  2. The most Challenging Family Law Separation Planning Questions
  3. The most challenging Family Law Property Division Questions

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Director, Anna Roberts and Accredited Specialist in Family Law, Marie Hayter answer the following questions:

  1. Why is it critical to retain the family home following separation?
  2. How will I support myself and my children post separation?
  3. Should I redraw on the family mortgage before I separate?
  4. Do I have to keep paying the bills post separation?
  5. Do I have to pay spousal maintenance if I separate just because I earn over $100K?

Why is it critical to retain the family home following separation?

  • Whether or not you stay in the home doesn’t change your legal entitlement to the property.
  • It can offer a strategic advantage because:
    • It can provide a more comfortable and familiar set up for you and your kids.
    • It can potentially be a cheaper option as opposed to moving out.
    • It can assist to motivate the former spouse to resolve your matter so that they can get you out of the house.
  • If neither party will leave (which is a common scenario) you can apply for a Court Order however these are hard to get and so it could be worth considering moving out.

How will I support myself and my children post separation?

  • Apply for Child Support, through the Child Support Agency
  • Apply for Spousal maintenance
  • Application for Legal Finance through your Family Lawyer
  • Negotiating with the assistance of a lawyer, with your former spouse on an agreed lump sum that will be available for you to access in order to support yourself and the children.

Should I redraw on the family mortgage before I separate?

  • Depends on your specific circumstances.
  • It is recommended you seek legal advice to understand the possible ramifications of re-drawing on the family mortgage as well as other possible options you may have available to you.
  • Where you are up to in your legal matter will have bearing as to whether or not this could be a good option in terms of setting yourself up financially.

Do I have to keep paying the bills post separation?

  • An important factor is whose name is on the bill as this will determine who is liable.
  • It is important to understand, and keep honoring, your legal obligations.
  • Not paying can impact your personal credit rating.
  • If you are suffering financial hardship there are options available to assist you.
  • It is important to take into consideration the long term legal outcome you are trying to achieve when deciding whether or not to keep paying the household bills.

Do I have to pay spousal maintenance if I separate just because I earn over $100K?

  • Not just determined on income.
  • There are 2 main parts of a Spousal Maintenance Application:
    • The capacity of a person paying to pay – payer needs to have surplus income after expenses.
    • The need of the person receiving the payment for that money.

Specialist Family Lawyers for Sydney and Newcastle

Make a Fresh Start. Contact Us Today

Specialist Family Lawyers for Sydney and Newcastle

Make a Smart Start

  • 90-minute appointment with a Specialist Family Lawyer
  • Get all your questions answered and understand applicable Family Law processes
  • Comprehensive on-the-spot legal advice tailored to your circumstances
  • Develop a plan to secure your best future
  • $350 Fixed Fee (incl GST)

Specialist Family Lawyers for Sydney and Newcastle

Make a Fresh Start. Contact Us Today

The information in this article is not legal advice and is intended to provide commentary and general information only. It should not be relied upon or used as a definitive or complete statement of the relevant law. You should obtain formal legal advice specific to your particular circumstance. Liability limited by a scheme approved under Professional Standards Legislation.

Author
Special Counsel
Accredited Specialist (Family Law)