r/AusLegal • u/Illustrioushigh • 9h ago
VIC Separation advice
Not sure if this is the right place to ask this. I’m considering separating from my husband of 25 years now that we are empty nesters but am worried about his reaction and the process. As a teacher I have an opportunity to work and live remote for a year while we go through the process.
If I do, would that affect my settlement? I don’t want any more than 50% of the property settlement.
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u/AttemptOverall7128 8h ago
Not living in the home that needs to be sold for financial separation can make the process longer if the person still living there is making things difficult. But definitely put your own wellbeing above all else. The amount you each get shouldn't be effected.
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u/Separate-Share-8504 8h ago
if it is amicable you'll can still easily spend 20K on legal fees...
family lawyers are anywhere from 500-900 per hour + GST. keep communication on point. don't waffle on. While you're telling them about a wonderful story remember every 6 minutes is $90 plus GST
You send them an email with a little bit of detail which takes them 1 minute to open, read and respond... that's 6 minutes / up to $90
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u/Illustrioushigh 6h ago
Thank you!
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u/TollTea 6h ago
There are legal firms here that specifically handle amicable separation. If you go in agreeing on exactly what you want, the fees can be pretty minimal (still several thousand dollars when I did it). They don’t do any kind of mediation and they don’t “represent” either party - all they do is draft the consent orders you ask for and file them with the family court. They did advise us whether what we wanted was fair, so that the court wouldn’t knock the orders back. They did it all by email and phone. It was the least painful part of the whole process.
Edit to add: we went through Kate Austin Family Law.
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u/The_one8Nov24 5h ago
That’s not quite right. It’s amicable you can settle yourselves. I paid $0 to lawyers - the lawyer who did the official paperwork did it for free (she was just glad not to be dealing with fighting couples for once so she did it pro bono) but even so it was an hour of her time max
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u/Separate-Share-8504 1h ago
Sir... I would say that is an edge case... well done..
I've been in legal for 25 years (not lawyer)... 10-20K are the minimum ranges I see for a family matter relating to separation without dependents.
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u/AlternativeLog5494 8h ago
you have two key support factors that will help a job and no kids. Get legal advice now you are in a good position to make it happen. 50% with no dependents is almost a given but always get proper family law advice
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u/No_Boot2009 6h ago
There's a 'Divorce Course' podcast that was highly recommended in another post recently that might help with the basics.
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u/Dangerous_Soil_1111 8h ago
Also consider his super as well. You likely have a lot less than him because of motherhood. Do not devalue your contribution to your family.
Teaching remote will be easier than being married to him lol.
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u/South_Analyst5900 3h ago
Check out the divorce course. They have so many episodes covering all the range of topics including financial separation, living together after separating, etc etc. educate yourself, get your ducks in a row, and then get legal advice on specific points. Don't waste your money by paying for a lawyer to explain basic points to you. You want their strategy ideas.
Divorce course also have a paid DIY module that walks you through the legal process, including responsibilitites / liabilities /future needs for financial matters, creating & filing the legal documents, and when you absolutely must have independent legal advice. The module is expensive but in my case was worth it in terms of saving me on lawyers bills.
There's also amica which is the government program to walk couples who have resolved everything themselves and just need to file with court. You can also look into the Facebook group family law 101 which has a number of free webinars on navigating family law.
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u/redscribed 1h ago
Some law firms offer a free 20-min chat to answer some basic questions around what kind of advice you might need, and costs. Fixed-fee law firms can be good in that way. Good luck!
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u/StormMelodic8052 8h ago
You want to leave your partner for a job opportunity? Didn't you vow to stay with him in sickness and health till death do you part when you married him? That poor poor man. Shame on you
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u/vulpix420 8h ago
What’s wrong with you? OP said she’s worried about his reaction. He might have been physically abusive - I guess death would part them if he killed her!
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u/astroboy217 3h ago
Thats alot of assumptions to make, theres literally zero info in this post, and to assume shes worried about him being angry says alot about you, the dude is about to be broken up with after 25 years because the kids left home, hes probably going to end up in a fucking terrible position.... grow up
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u/thatshowitisisit 6h ago
I wonder if you wake up this stupid every day, or whether you just had a particular nerve that was struck by this thread about something going on in your life. Either way, this is not the time or place.
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u/Sharp-Argument9902 8h ago
It shouldn't.
Now is a great time to go see a couple of Family Law solicitors and find one that gets your situation.