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Separating or divorcing during COVID-19 | Channel 7 News Feature

The unfortunate by-product of COVID-19

Divorce rates are on the rise in the US, UK and China during COVID-19.

Australia looks to be no different. We’ve seen a 120% increase in couples seeking separation advice since lockdown started.

There are early signs that COVID-19 is driving couples to separate and divorce in Australia.

In fact, we’ve seen a staggering surge in demand at The Separation Guide.

Our services are now 100% online to meet this need during isolation.

With access to the Family Court limited during COVID-19, we spoke with Channel 7 about alternative ways couples can separate.

 

The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.

Disclaimer
The information in our resources is general only. Consider getting in touch with a professional adviser if you need support with your legal, financial or wellbeing needs.

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Who’s who in your separation crew?

When it comes to separating well, it truly is a team effort.

While the legal side of divorce and separation is often the focus, there are many other aspects to be considered: your emotional health, understanding your current financial landscape as well as planning for your future.

The Separation Guide has brought together a network of experts — so that we can truly guide couples through the entire process.

Here’s an explanation of who does what, and how they can help:

When do I need an accountant?

Perhaps one of the first steps in your separation journey, an accountant will help establish the monetary value of assets and income streams in the relationship. This work is essential to properly understand your financial landscape and to enable the division of assets at settlement.

Some assets are easier to value than others. Money in the bank or shares is usually fairly straightforward while evaluating the market worth of a property or business is more complex.

Can help when: You need to get a complete picture of all the assets and income streams of your relationship.

Works with: Both people generally — as they’re dealing with facts and figures so it’s easier to remain impartial. However, accountants will usually recommend each party seek independent financial advice, especially if there’s mistrust.

> Podcast: The cost of conflict — an accountant’s perspective on separation

When do I need a financial advisor?

A financial advisor is part financial guru, part life coach. They can help someone understand their immediate financial circumstances — and also work on a plan for their future.

That means understanding ‘what is important to them in their life and where they want to head’, says Steve Fort, a Senior Financial Advisor at Invest Blue.

A financial advisor is particularly important where there are complex financial structures involved in the relationship (eg. a business, trust, self-managed superfund or inheritance).

Can help when: You want to get your financial house in order — and start planning for a secure financial future

Works with: Individuals; each person can choose to have their own financial advisor.

> Podcast: Planning your finances after separation and divorce

When do I need a relationship counsellor?

Depending on when they’re brought in, relationship counsellors will work with couples to either help work on issues in a relationship or create open lines of communication to enable a fair and equitable separation.

If you and your ex-partner are struggling to communicate, a Mediator or Lawyer might recommend you engage a counsellor or psychologist before negotiating a settlement or co-parenting approach.

Can help when: Disagreements and past issues are getting in the way of reaching an outcome — or your ability to co-parent.

Works with: Both people in a couple.

When do I need a Mediator?

A Mediator is an impartial professional who helps both people get a fair deal in a separation.

They are there to facilitate difficult conversations — but the couple stays in control and makes all the decisions.

At The Separation Guide, we use our own process: Guided Separation. Our Mediators are all legally qualified. This means they can answer your questions about family law and suggest a range of fair and equitable outcomes.

A Mediator works with: Both people. A Mediator is impartial and on the side of a fair outcome. They can work with you both to draft your separation agreement.

Will you also need a Family Lawyer? It depends. Where there’s less goodwill and trust, but a couple wants to stay out of Court, they can choose to have a Mediator but negotiate through their own Lawyers.

When do I need a psychologist?

Separation is an incredibly tough time.

You might feel the need for some additional support to keep your mental health on track — or perhaps a professional in your separation team will observe that you’re struggling and suggest getting help.

Can help when: You want strategies to help you cope through separation — and prepare for the future.

Works with: Individuals; each person can choose to have their own psychologist

> Podcast: A clinical psychologist on how to separate well

When do I need a Family Lawyer?

A Family Lawyer’s key role is to advocate for an individual.

This can be necessary where communication has broken down, there’s mistrust in the relationship or each partner wants their own separate advice. A Family Lawyer might also be referred to as a Family Law Solicitor.

The good news is, with the right information and guidance, we’ve found that typically, around 98% of couples can avoid Court.

The Lawyers in our network have signed our Ethical Charter — this means they regard Court as a last resort.

A Family Law Solicitor can help when:

    • You need your own advocate for either Mediation or to go to Court.
    • You need someone to convert your separation agreement into Consent Order applications for the Court.

When do I need a Barrister?

A Barrister is an advocate in the Courtroom.

They will take a brief from your Family Lawyer (solicitor) and represent your case to the Judge.

The Judge will then decide on the outcome. This can be a costly but sometimes necessary path. It can take at least 12-18 months to just get your time in Court.

Can help when: You need someone to present your case in the Courtroom.

When do I need an immigration advisor?

Relationships might be between individuals — but they’re often across countries too.

Where one partner’s Australian work or residency status is tied to the relationship, an immigration advisor will often be brought to determine their best options, especially if they want to stay in Australia or there are children involved.

Can help when: There are complications due to visa status.

Works with: Couples who are in Australia on spousal visas

When do I need a property Consultants?

Australians love property — which can leave a giant tangle to be unwound in separation.

A property consultant can help you determine the best path for your primary residence or investment property and look at the market value of the property then discuss options for selling, renting or transferring ownership of the asset.

Can help when: You have a house or investment property and want to know the smartest way to deal with the asset.

Works with: Individuals or the couple.

Want to join The Separation Guide’s network of advisors? Find out more here.

 

The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.

Disclaimer
The information in our resources is general only. Consider getting in touch with a professional adviser if you need legal, financial or well-being supports.

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What is a Guided Mediation?

It’s common for couples to want to separate in a less stressful and more cost-effective way. But many don’t know where to start or feel uncomfortable with the legal process.

That’s why we have created a service called Guided Mediation.

This is where a legally-qualified Mediator helps guide a separating couple to a fair and equitable outcome.

Who is a Guided Mediation best suited to?

Guided Mediation is for couples who are still amicable, despite obvious disagreements.

If you and your partner are saying:

‘I just want to be treated fairly. I want my spouse to be treated fairly. But I don’t know what ‘fairness’ is.’

or

‘We don’t want to go to war and spend a fortune, but we do want what’s fair.’

then a Guided Mediation could be the way to go.

This approach will work best when there is:

  • sufficient goodwill between ex-partners
  • open and honest sharing of all financial information
  • a mutual desire to achieve a fair and equitable outcome.

Is it right for you? Our 3-minute Q&A is designed to help you decide. Or simply get in touch and we’ll chat you through your options.

Why do Guided Mediations work well?

Guided Mediations work well because they:

  • focus on both partners getting a fair deal
  • are designed to de-escalate rather than escalate
  • keep costs down if couples remain amicable
  • help keep you out of a Courtroom.

What is the role of a Mediator in a Guided Mediation?

The Mediator is there to help facilitate difficult conversations — but you will stay in control and make all the decisions with your partner.

The Mediator can explain the process, the range of possible fair and equitable outcomes and help you negotiate an agreement.

At The Separation Guide, our Mediators are all legally qualified, meaning they can answer your questions about family law. They have also signed our Ethical Charter which means they see Court as a last resort.

So, how does Guided Mediation actually work?

Here’s a quick look at the typical step-by-step process a Mediator will take.

  1. Answer any questions the couple have together or individually.
  2. Gather all relevant information – we ask the couple to fill out a detailed questionnaire. This can be completed either together or separately.
  3. Provide a range of fair and equitable outcomes – we look at the facts of your matter and offer advice on what a fair and equitable range of outcomes could be if you did end up in Court.
  4. Mediate with and between the couple to reach an agreement in the fair and equitable range on property, parenting, child support and maintenance matters.
  5. Facilitate the legal instruments (Consent Orders for parenting and property plus conveyancing) you need to affirm the agreement and make it binding.

Guided Mediation can be done in joint meetings or by the Mediator ‘shuttling’ between you and your partner in person or remotely.

If required and necessary, the Mediator can liaise with accountants and financial planners to help you reach the best settlement you can.

How much does Guided Mediation cost?

Most of the mediators in The Separation Guide Network cap costs at $3000 per person.

Guided Mediation sounds like a good option for me. What do I do next?

The best way to assess if a Guided Mediation suits your needs and circumstances, complete out 3-minute Q&A, and we can connect you with a legally-qualified Mediator in our network.

I like the sound of Guided Mediation, but I don’t think it will work in my situation…

There is no right or wrong way to separate.

People should aim for the least time-consuming and stressful process that can also lead to a fair and equitable outcome.

For this, some people will need Independent Legal Advice.

The Lawyers in our network are committed to transparent costs and Court as a last resort.

 

The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.

Disclaimer
The information in our resources is general only. Consider getting in touch with a professional adviser if you need support with your legal, financial or wellbeing needs.

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Want to use The Separation Guide but your partner isn’t convinced?

When choosing the best way to separate, it’s common for partners to push for different things.

Perhaps you’d like to use The Separation Guide process but your partner isn’t convinced. They might be worried that a choice suggested by you will work against them.

We often hear this story: “I suggested we try The Separation Guide, but because I was the one who suggested they were a bit suspicious. They wondered if I knew someone there who would take my side over theirs.”

Why The Separation Guide is for both of you

Working towards a fair and equitable outcome for both partners is at the core of what we do — as well as aiming to avoid escalation and keep costs down for everyone.

Because The Separation Guide is exactly that – a guide. It guides both couples and individuals to:

  • a better understanding of what they need
  • the right process for them
  • the right providers for them.

Our process is designed so that you can choose to engage with our network of experts together or separately.

  • You can take the 3-minute online Q&A together or separately
  • You can book a complimentary initial consultation with a Separation Guide expert together or separately
  • If your separation requires Lawyers, we will recommend different accredited members from The Separation Guide’s Network so there’s no conflict of interest.

We suggest both partners take advantage of our free resource hub as an entry point to understand what we do and how separation works.

Be on equal footing in separation

By taking our 3-minute online Q&A, your partner can access tailored separation recommendations and a free 30-minute consultation to help them decide if the approach is right for them too.

So, when the question is asked:
Why should I trust the service you have selected?

The answer is:
Check out the site and do the Q&A. It’s all about both of us getting a fair deal.

The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.

Disclaimer
The information in our resources is general only. Consider getting in touch with a professional adviser if you need support with your legal, financial or wellbeing needs.

  • "I feel this website is the best, fairest and most sensible and economical way of handling things from start to finish." Anonymous
  • "We are just so grateful for the way you have handled this. Our circumstances are so specific we needed the expert care....That's what we have got." Anonymous
  • "Thanks for going the extra mile. I couldn't have asked for better service." Anonymous
  • "I wanted to let you know that I am very appreciative of all your help and assistance." Anonymous
A separation guide character parent with their child

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Who’s who in your separation crew?

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About The Separation Guide

Our purpose is to make separation and divorce in Australia simpler, more manageable and less expensive. Here's how we help you navigate the maze.

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Separation and divorce during COVID-19

The Separation Guide is experiencing a surge in demand during the Coronavirus crisis.

People are reporting to us that:
  • They wish to take the time which is now available to them to make important decisions for their future;
  • They need certainty regarding their future finances;
  • After this crisis is over, they want to return to life with all of the details and complexity of separation and divorce sorted;
  • And that having this certainty is crucial for their mental health during this period of isolation.
It’s also clear that during this time people need:
  • High quality advice and guidance;
  • Delivered 100 % online through video conferencing and teleconferences;
  • Which is affordable;
  • With payment plans that delay payment or that otherwise work for them; and
  • Which helps them get through this period of isolation with some hope and some confidence.

The Separation Guide can meet these needs at this very difficult time.

That’s why we are:
  • Fixing fees;
  • Offering all services 100% online;
  • With payment plans to help you through the crisis;
  • And bundling services for fast and easy access to our network of psychologists, accountants, financial planners, Lawyers and Mediators.

 

The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.

Disclaimer
The information in our resources is general only. Consider getting in touch with a professional adviser if you need support with your legal, financial or wellbeing needs.

  • Thanks for going the extra mile. I couldn't have asked for better service. Anonymous
  • I am really happy with the service and have already referred a friend to you. Anonymous
  • We are both very happy with the outcome. Thank you. Anonymous

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About The Separation Guide

We are The Separation Guide, and our purpose is to make separation and divorce in Australia simpler, more manageable and less stressful.

The Australian Family Court System is under immense pressure, with extensive wait periods and high costs.

This is the reason that the government has mandated the use of mediation as a means to resolve matters outside of the courts.

It’s one of the reasons why we created The Separation Guide – to try and take as much pressure off the Courts as we can.

 

The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.

Disclaimer
The information in our resources is general only. Consider getting in touch with a professional adviser if you need support with your legal, financial or wellbeing needs.

Video Transcript: About The Separation Guide

Voiceover:
Separating or divorcing is a maze. And the stakes are high because taking a wrong turn means time money and even more stress.

The Separation Guide leads you through the maze, connecting you and your partner with the information and services you need to take the right turns. Helping you with a parenting plan for the kids, a financial planner for your assets and liabilities, with all the legal paperwork, with managing your own health or even planning for the family pets.

The Separation Guide are specialist mediators and facilitators, supported by a network of expert lawyers, accountants, financial advisors, psychologists and counsellors.

Our purpose is to make this difficult time as manageable and affordable as it can be.

We believe the best outcomes are negotiated when the parties, and not the courts, are in charge of your future.

So if you’re thinking about separating, have recently separated, or are ready to talk about a settlement and divorce, read our service charter, watch our videos, listen to our podcasts, and learn about our growing expert network. Most importantly take 5 minutes to use our interactive Q&A.

5 minutes now can save you a lot of time, money and stress in the future.

Let’s get started.

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How do I get a divorce in Australia?

While ‘separation’ and ‘divorce’ are often used interchangeably, they mean different things. Divorce means ending a marriage legally. Granting a divorce does not determine the other issues of separation, such as financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended.

You don’t have to get a divorce if you and your spouse separate unless you want to marry someone else. But staying married might affect your rights and responsibilities. You should talk to a lawyer if you are unsure what to do.

Am I eligible for divorce?

To get a divorce, you need to show that you and your spouse have been separated for at least 12 months and there’s no reasonable chance that you’ll get back together. The legal term for this is that your marriage has ‘irretrievably broken down’.

It’s possible to separate and still live together in the same home and this time can count to your 12 months. It’s important that you establish your date of separation.

You can apply for a divorce in Australia if either you or your spouse:

  • regard Australia as your home and intend to live in Australia indefinitely, or
  • are an Australian citizen by birth, descent or by grant of Australian citizenship, or
  • ordinarily live in Australia and have done so for 12 months immediately before filing for divorce.

If you got married in another country, you can still get a divorce in Australia if you meet the above conditions.

If you’ve been married for less than two years, you need to go to counselling with your spouse and get a certificate from the counsellor. Or you need to get permission from the court to apply for a divorce without the certificate.

What is the Court process for divorcing?

You can apply for a divorce by yourself or together with your spouse. You need to apply to the Federal Circuit and Family Court of Australia. Many file divorce applications online using the Commonwealth Courts Portal online form.

If you live in Western Australia, you’ll need apply to the Family Court of Western Australia.

Most people don’t need to attend a court hearing, but you might need to in some circumstances, such as whether your application is joint or sole and whether you have children under 18.

There are fees for applying for a divorce, but you might be able to pay less or nothing if you have financial difficulties.

Need support on property and parenting matters?

Take our Q&A to be put in touch with professionals that will suit your separation and your situation.

Start the Q&A

What about parenting and property?

Applying for a divorce won’t cover the other legal considerations of separation. You need to agree with your spouse on these matters separately, and most people seek professional advice and support to do this. You don’t need to wait for 12 months to agree and settle your parenting and property matters.

If you have children under 18, a court can only grant a divorce if it is satisfied that you’ve made proper arrangements for their care.

If you finalise your divorce before you settle financial or property matters, you’ll have 12 months after your divorce to do so.

Who can help me with my divorce?

If you’d like advice about parenting and property or support with your divorce application, the legally qualified mediators and family lawyers in our network can talk you through your next steps.

The professionals in our network have signed our Ethical Charter and believe in de-escalation and court as a last resort.

The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.

Disclaimer
The information in our resources is general only. Consider getting in touch with a professional adviser if you need support with your legal, financial or wellbeing needs.

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Who gets what in divorce or separation?

You might think 50/50 is a fair split. Or a friend will tell you that their separation had a 70/30 separation of the asset pool. But no two separation settlements are the same because no two situations are the same. Emma Mead of Burke and Mead Lawyers advises that there is no precise formula used to divide property in a separation.

All aspects of your situation need to be taken into consideration when you negotiate your Separation Agreement.

How your split is decided

The Family Law Act 1975 sets out the general principles used in DIY Separation Agreements and by Mediators and Family Lawyers when deciding on what is fair for your situation.

You both need to consider:

  • all of your assets and debts – this is your pool of assets
  • direct financial contributions by each party to the relationship
  • indirect financial contributions by each party such as gifts and inheritances from families
  • direct or indirect non-financial contributions, such as renovating a property
  • contributions of each party to the welfare of the family, such as caring for children and homemaking
  • future requirements of the parties are, taking into account things like age, health, financial resources, care of children and ability to earn.

If you can’t agree and your matter escalates, a judge will use these same principals to decide for you. The decision is made after all the evidence is heard and the judicial officer decides what is just and equitable based on the unique facts of your case.

In general terms, how your assets and debts are going to be shared between you will depend on the individual circumstances of you, your partner and your family.

And for these reasons, your settlement will probably be different from others you have heard about.

The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.

Disclaimer
The information in our resources is general only. Consider getting in touch with a professional adviser if you need support with your legal, financial or wellbeing needs.

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Pool of Assets Calculator

The Separation Guide's Pool of Assets Calculator is designed to help you identify and value the assets, superannuation and liabilities in your relationship.

Pool of Assets Calculator

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What is a parenting plan?

Separations are already one of life’s most stressful events, but the stakes are even higher when children are involved.

There are three main types of agreements when it comes to the care of children after separation, explains Emma Mead of Burke and Mead Lawyers:

  • Parenting Plan
  • Consent Order
  • Parenting Order.

People will often refer to these various documents as a Custody Plan, but they are used in different circumstances and have different legal effects.

What is a Parenting Plan?

A Parenting Plan is a written agreement to set up parenting arrangements for the children.
 
It is like a diary, setting out who will see the children on each day. This is often done at the point of separation.
 
The plan is developed and agreed upon jointly. That means you and your partner don’t need to go to Court if you reach an agreement.
 
Note: A Parenting Plan is not a legally enforceable agreement. It is different from a Parenting Order, which is made by a Court.

What is a Consent Order?

A Consent Order is a written agreement that is approved by a Court, based on an agreement that you have made together.

It can cover parenting arrangements for children, as well as financial arrangements such as property and maintenance.

It has the same legal effect as if it had been made by a judicial officer after a Court hearing.

What is a Parenting Order?

A Parenting Order is a Court-authorised document. That means it is legally binding.

It is usually a decision made by the Court when parents can’t decide. Courts impose this order on each party. This document is usually issued at the settlement stage.

In all circumstances, the Court must be satisfied that any orders you ask for are in the best interest of the children.

Note: any person concerned with the care, welfare and development of a child can apply for Parenting Orders.

 

The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.

Disclaimer
The information in our resources is general only. Consider getting in touch with a professional adviser if you need support with your legal, financial or wellbeing needs.

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Do I need a Lawyer to get divorced or separated?

It is possible to separate with a Do-It-Yourself Agreement. If your amicability with your partner and your financial situation are suitable for this pathway, we can connect you with resources that can help you with this process.

Get some guidance on the law

Even with a DIY separation, you still need to have Independent Legal Advice to certify the fairness of the agreement when you apply for orders from the court.

If your separation is amicable and on good terms, but you need a third party to help you reach an agreement, then you and your partner could engage a qualified professional together to guide the process. The Separation Guide provides this with Mediators who are also legally qualified. This process is called Guided Separation. After mediation, your proposed agreement will receive an independent certification of its fairness.

When do I need a lawyer?

If your separation isn’t amicable, then both parties should have Independent Legal Advice right from the start. We have independent Lawyers in our network around Australia that we can connect you with.

Even if you start the process with Independent Legal Advice, both parties can contact a Mediator through The Separation Guide to assist in negotiations. This may be necessary if you have children, as there is compulsory dispute resolution required before applications for parenting orders can be sought from the court.

To find out if you need a Lawyer for your separation, complete our 3-minute Q&A.


Key takeaways

    • Even with a DIY separation, you need Independent Legal Advice to certify the fairness of the agreement for court orders.
    • If separation isn’t amicable, both parties need Independent Legal Advice from the start; mediation may also be necessary, especially with children involved. ​

The Separation Guide aims to make separation and divorce simpler, more manageable and less stressful. To find out more about how one of our Network Members could support your separation, take our free 3-minute Q&A.

Disclaimer
The information in our resources is general only. Consider getting in touch with a professional adviser if you need support with your legal, financial or wellbeing needs.

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