Family Law Services
Our Pakenham Family Law team is experienced in delivering high-quality legal advice, services and representation in all areas of family law and related areas. 

We provide compassionate advice and guidance during and after separation to help our clients navigate the intricacies of divorce, property settlement, child custody arrangements and family separation issues.

Separation
Many changes come with separation, which can be overwhelming. Our experienced family law solicitors can simplify complex issues, help you plan, prioritise and act on the most critical items, and get you through separation confidently and effectively.

Our Top 6 Items to Consider After Separation In Pakenham

Step 1: Plan Your Next Steps After Separation
Prepare your plan based on what is important to you. A lack of planning causes stress, inefficiency, and surprises. In contrast, a thoughtful plan will help you mentally prepare for the necessary steps in separation ahead of time, prioritise essential needs, and work through the issues. As you work through your plan, you can see your progress, which is affirming.

Step 2: Personal Information Security
When you separate, each party must secure a range of personal information.

This includes personal documents such as driver's licenses, passports, birth certificates, citizenship certificates, education certificates, your Will, bank cards, bank statements, tax returns, superannuation documents, medical records, permits and other identity documents.

On the electronic side, it is important to stop tracking or accessing each other's accounts and devices. This can be tricky due to the large number of information-sharing services. Make a list of all of your services, consider whether the other party has access to them, and remove that access. Likewise, ask the other party (if it is safe) to remove your access to their services and accounts.

Change any passwords to electronic accounts and services such as your bank, email, social media, cloud and document services, and investment accounts.

Step 3: Living arrangements
If you have a family home, consider whether someone will stay in the house and buy out the other party. If a party wants to keep the house, a statement from a bank confirming their capacity to refinance the property is essential.

If no one can afford to retain the home, then be realistic and get ready to sell the property. If you can cooperate with the other party, you can maximise your returns on the sale and be in a better financial position moving forward.

It can often help to prepare a list of furniture and whitegoods to be divided and consider who should get what.

Step 4: Financial Planning
Financial planning can be as simple as making a budget on a spreadsheet, seeking general budget advice and help from a financial counsellor or professional advice from a financial advisor.

It is essential to understand your financial circumstances moving forward. This can include enquiring with Centrelink and, if there are children, the Child Support Agency as to child support payments and\or obligations.

In some circumstances, if one party needs financial support and the other has the capacity to provide financial support, payment of spousal maintenance should be considered.

A family lawyer can provide advice about eligibility for urgent spousal maintenance, periodical and lump sum spousal maintenance, new mother maintenance, and child support entitlements.

 

Step 5: Wills, Powers of Attorney, Superannuation and Medical Decision Making

If you have a Will a separation often necessitates amending it or creating a new one.

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If you have a Power of Attorney naming the other party as Attorney, you should consider revoking it and preparing a new one. 

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If you are an Attorney and the other party is a Principal in a Power of Attorney, you should notify them that you no longer consent to being their Attorney.

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If you have superannuation, you should update your binding death benefit nomination or non-binding death benefit nomination if the other party is the beneficiary and you no longer want them to benefit.

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If you have a life insurance policy or other insurance policies, you should change the beneficiary or notify your insurer if you no longer want the other party to benefit from the policy.

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If you have a Medical Decision Maker appointment naming the other party as your medical decision maker, you should consider revoking it and preparing a new one. 

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If you are appointed as a Medical Decision Maker for the other party and no longer want that role, you should notify them.

Step 6: Children​

If there are children, provided there are no family violence issues, child abuse issues or other protective concerns, it is good to agree on contact and communication between the child and each parent.

This can include consideration of:

• The child's view (while considering their age and level of maturity).

• The child's developmental, emotional, and cultural needs.

• Each parent's capacity to meet the child's needs.

• The benefit of the child having a relationship with each parent.

• Anything else relevant to the circumstances.