My partner and I are separating – now what?
A separation is an overwhelming and emotional time for many. At Mann Lawyers, we help you to navigate through this period and take on the issues that arise.
There are key areas to consider when separating:
- Your child(ren): you’ll have to make decisions that are in your child’s best interests:
- Custody – who will have the major decision making ability, one parent or both?
- Where will the primary residence be?
- What access schedule is best? Holidays?
- How will you parent?
- Your home: if you own a home:
- Will you both stay in the home until things are finalized?
- Will one party stay and the other leave?
- Will you both leave and sell?
- If you sell, how will the home be valued and how will sale proceeds get divided?
- Your property: anything from bank accounts to pensions to household contents:
- What needs to be divided and how?
- You’ll have to gather documentation to complete this step. It’s best to discuss this area further with your lawyer to determine what laws apply to your situation (married or common law status).
- Financial support: this can be support for you, your spouse/partner, and/or child(ren):
- Is child or spousal support owed?
- How will child(ren)’s activities be paid for?
- How will a mortgage and utilities be paid?
- Process: these decisions can be made through different processes:
- Separation Agreement – this Agreement is negotiated between you, your partner, and usually your lawyers. A mediator (a neutral facilitator) can assist.
- Court – you each make submissions to the Court and the issues are ultimately decided by the Court.