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I’ve Just Separated, How Do I Protect My Financial Position?

Securing your financial and personal circumstances following separation is crucial, but every situation is unique and requires tailored attention.

If you do not have an income sufficient to support yourself and your children, it is important to seek legal advice about spousal maintenance and child support.

Priority should be given to contacting your bank to ensure substantial withdrawals cannot be made from any joint bank accounts (including mortgage redraw accounts and mortgage offset accounts) and ensure you update your passwords to any accounts in your sole name.

If you are experiencing serious health concerns, you should also obtain legal advice about changing your Enduring Power of Attorney, your Will, your Superannuation Beneficiaries and severing any joint tenancy (joint holding) of title to real estate.

Depending on your situation, you may wish to consider changing passwords or other means of entry related to access to your home and security cameras. If this is not sufficient to secure your safety and privacy, you should seek legal advice about your rights under the Domestic and Family Violence Protection Act 2012.

When it comes to a property settlement, this can be commenced immediately after separation. There is no necessity for married or de facto couples to wait for 12 months after separation before commencing the property settlement process. On the other hand, married couples must action their property settlement before the first anniversary of their divorce and de facto couples before the 2 year anniversary of their separation date.

For personalized guidance tailored to your financial situation, contact us at Freedom Family Law on 07 5409 8000 for a complimentary initial consultation or book online.

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