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Separation & Divorce

Separation and divorce are different life journeys that most people find complex, unfamiliar, and challenging.
You will have numerous questions and may be confused by many conflicting stories you’ve heard.

A separation is not the same as a divorce. They are two different issues.

Separation means that you have been living apart from each other – where either of you has moved out of the home you shared or you occupy separate bedrooms under the same roof. You can already begin dividing assets and liabilities when you separate.

Divorce is the legal finalisation of a marriage. It is separate from the arrangements to be made for the children, the division of assets, and other financial issues which need to be addressed when a relationship breaks down. People sometimes say they need help with their “divorce” when what they really mean is dividing their assets with their former partner. It is important to know that a divorce will not achieve a property settlement or automatically establish arrangements for any children you have together.

At Elias Hanna Family Lawyers, we’re on your side from the start. We get you to focus on what’s most important to you – your children and your money.  These are the issues you have to think about immediately when you separate from your spouse. Your key priorities should be:

1). What will happen to our kids – what are my parental rights?

2). What are my entitlements in the split of our assets?

3). Am I entitled to receive child support from my spouse?

4). Am I entitled to receive financial support from my spouse for myself (spousal maintenance)?

5). What steps should I be taking right now to ensure that I get what I am entitled to?

If you’re married, forget about the divorce process for now. That will take care of itself in the coming months. We’ll help you navigate the separation process and make the best decisions for you and your children – at every step of your new life journey.