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.

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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)