Sadly, in Australia, separation and divorce are a common phenomenon in our society.  In some instances, the consequential emotional disorientation results in tragedy.

While it is impossible to discuss in this article the wide range of legal aspects concerning where the children reside or how family property is to be apportioned, I will endeavor to make some suggestions should you separate from your partner. 

Firstly, if separation is foreseeable, see a lawyer. There are many good reasons why you should do this.

1. You will receive advice as to where the children (if any) may reside;
2. The amount of contact (access), the nonâ€"residential parent/partner may expect to have with the children;
3. The limits placed upon the residential partner in relation to moving away from the area in which the non-residential partner is living;
4. Division and apportionment of family property assets after separation;
5. The type of orders which may be agreed on between the parties without application to be made to the Court; and
6. Advice regarding your legal rights and obligations.

Wherever possible, parties to a separation should endeavor to settle the issues between them in an amicable and timely manner. This not only benefits the children and both partners, but also limits anxiety, emotional stress and importantly, legal costs. It is better to know where you stand legally and then make appropriate arrangements in order that both parties can move forward with their lives. 

It has been my experience that clients usually come to me after separation, and often after the situation has become aggravated, rather than making relevant enquiries beforehand. In other words, they try to close the gate after the horse has bolted.

Avoid undue anxiety and costs by obtaining legal advice as soon as practicable.

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