VIDEO: First Steps Towards Divorce and Separation

Separation and divorce is a stressful time. 

The process of untangling your lives together can be complicated and emotionally difficult – even if you were the one to initiate the separation. There are lots of issues to work through and many people simply don’t know where to start, and what to do first.  

Making an appointment to see a family lawyer in those early days is an important step.  For many people, however, the idea of going to see a family lawyer is daunting.  They think that it means they will have to go to Court.  This is a common misconception and one that I discuss with my clients at that first appointment – the fact is, most family law cases never see the inside of a courtroom.  

Instead, having someone to talk to who understands the law, has seen it all before, and can explain the process in simple, easy to understand terms, is so helpful.  And you will walk away with a plan – knowing what to expect.  

My name is Liza Nguyen and I head up the family law practice here at Maclarens Lawyers.  I am an accredited specialist in Family Law and I only work in this field of law so I know how the “system” works, and I know what to do to ensure YOU reach the best possible outcome.

When people come in to see me for their first appointment, they have so many questions….

- Can I stay in the house?

- What will happen to the children?  Where will they live?  Who will get ‘custody’?

- How can we possibly divide everything we own? 

- How much will this cost?

- Will we have to go to Court?

During that first consultation, I think the most important aspect of my role is to put people at ease while I learn more about their situation. We talk about your own individual circumstances, what you can expect from the process, and what would be the best path forward for you. The more you can tell me at that first appointment, the better.

I will ask questions like:

- Do you have children and how old are they?

- What assets do you own and what debts or liabilities do you have?

- Do you or your partner have superannuation? What do you both earn?

All of this information forms a picture of your current financial situation and that allows me to see what your options will be moving forward and how we might approach any negotiations with your former spouse or partner.  Even if you have been a home maker, or the primary carer of your children, and haven’t been able to earn an income outside of the home, this is all taken into account.

Once we have discussed your situation in more detail, I will provide practical recommendations on how to proceed and what to do next.

Remember, it is always best to reach an agreement over how the property will be divided, where the children will live, and how much time they will spend with each parent.  Having these agreements documented by a family lawyer and filed with the Court will minimise the potential for conflict in the future and provide clarity for everyone involved.

If you are experiencing a family breakdown, or have any questions regarding separation and divorce, please contact Maclarens today and find out how I can help you.