If the dissolution of the relationship has already occurred in one way or another in the family court – for example, if you have requested an educational mission for the day-to-day custody of the children – the court will encourage you and your spouse or partner to participate in a deliberation to try to reach agreement on important issues. All decisions made can be formalized in a separation agreement. If you can agree on the amount and duration of spousal benefits, which is fair and appropriate for both parties, it is likely that the same support arrangements will be included in your divorce judgment. Then you should discuss what you want from the separation. You may need to ask experts (for example. B accounting and/or measured) to assess joint financial and physical assets. The extent to which a judge will stick to the agreement reflects the extent to which the three points mentioned above are adopted. If you can`t agree on how you care for your children, we can help you reach an agreement without having to go to the family court: if your partner has asked for a separation order and you don`t want to separate, you can defend the request. You usually have to do this within 21 days if you are in New Zealand, 30 days if you are in Australia, or 50 days if you live elsewhere.
If your relationship breaks down, you will have the opportunity to work with your former partner. This is called a separation agreement. If you are unable to separate or have broken up with your former partner, you can apply to the family court for a separation order. You can declare your agreement in the family court, in which case it will be enforceable in the same way as a court order and not just as a contract of law. You only need a separation order if one of you doesn`t want to separate, even if you can choose to ask for one together, if you both agree. You can register the agreement with the Family Court as an “approval order.” This makes it legally enforceable, as is a court order. If you separate from your partner in a marriage or common-law relationship, you are not legally obligated to do something official. But it`s a good idea to get a separation agreement to clarify the circumstances, especially if you have children or common assets and you don`t have a relationship agreement. For married couples, a separation agreement like this (sometimes called an act of separation) offers certainty about how each person will live while a divorce is settled.
Conflicts that result in trials are painful for all parties involved, especially for children in the relationship. Keeping the relationship friendly after separation is in everyone`s interest.