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Fresh Start Advice

When you need a fresh start, talk to one of our separation lawyers.
Whether you’ve just separated or you’ve been apart for quite some time, our family law fresh start advice is personalised to you and your unique situation.

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What our advice session includes

The advice you need when you need it the most

Legal advice for separating couples

 

A legal separation can have major lifelong consequences. In our Initial Fresh Start Consultation you will get advice on protecting your legal interests now and in the future so you can move through your legal separation with clarity and ease.

Separation: Legal Advice with Cudmore Legal

What is a legal separation?

A legal separation from a de facto relationship usually involves the splitting of property, the dissolution of marriage and the negotiation of parenting arrangements. In the worst cases it may also involve domestic violence. If you require lawyers for separation, our family and divorce lawyers are skilled in strategic negotiations to get you the best possible outcome in a legal separation agreement.

If you are concerned about financial separation

Our lawyers for legal separation will advise you on the likely outcome of your financial separation/ property settlement.

1

We will examine the property pool

A family law specialist will examine your current assets and liabilities.

We will generally talk about what you currently own together or separately and any liabilities.

We will ask about superannuation, the family home and any investments you may have. We will ask about businesses, shares and anything else.

2

We will discuss who contributed to what

After we have an idea of the property pool, we will then ask you some questions about contributions.

Contributions may be financial or non-financial. It may include being the homemaker or breadwinner.

Contributions are a deciding factor in who gets what in a family law financial separation, however, the longer the relationship goes on for, the less these factors count.

3

We will talk about who needs what in the future

Future needs impact what is fair in a financial separation.

It is essential you adequately assess your future needs as failure to do so may lead to poor results in the long term.

We will ask if you or they have any illnesses that might affect your future, or if you or they will have care of a child. We will discuss your working age and anything else that might impact your future ability to support yourself.

Get the knowledge you need to make an informed decision

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1

A fair financial split percentage

Financial separation is often referred to you in percentage splits. We can advise you what you might expect to be fair.
2

The best way to negotiate about getting that fair financial split percentage

We will discuss strategic ways to get what is rightfully yours.
3

Your options for you once negotiations have finalised

Once you have agreed with your former spouse on a percentage split you will need certain documents. We can advise you on which ones will suit your situation best.
4

The likely costs to protect what is yours

We will discuss your legal fees to reach an ideal outcome.

Start planning your fresh start today

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Client Testimonials

I have had the pleasure of being represented by Cudmore’s Amelia Medina over the past two years as I sought final resolution to my family law matter.

During this time, I found her to be professional, personable, friendly, competent, honest, understanding, reasonably priced, and responsive. She kept me apprised and informed throughout our journey together, which eliminated the majority of the stress and angst which can otherwise be involved in family law proceedings.

I would highly recommend her to anyone involved in a family law/custody related matter. Without her involvement, I can honestly say that I would not have achieved such a favourable outcome.

Matthew H

I would absolutely recommend Cudmore Legal Family Lawyers. Both Luke & Sarah helped me immensely through what was a very stressful time.

They were patient & respectful to my needs & I am extremely grateful for their help & expertise.

I also had occasion to speak with other members of their staff throughout the process, I found everyone to be exceptionally kind & respectful.

Angela Browne

I was recently in need of family law assistance and engaged Hannah at Cudmore to support me with my marriage separation and child care arrangements.

Hannah was fantastic! Very knowledgeable, thorough in gathering information, provided options for how we could move forward and most of all, was available and responsive.

We were able to settle our matter within days. Following on from this, a couple of months later when settling our property I was in need of additional paperwork. I reached out to Hannah and within half an hour I had fully certified documents. The service doesn’t get any better! Highly recommend.

Abby Perry

If you are concerned about parenting arrangements

If you are concerned about parenting, we can provide you with advice on your current situation and what we can do to improve or protect it.

1

We will talk about negotiation

We provide advice on negotiating parenting arrangements, formalising parenting arrangements and protecting current arrangements that are already in place.

We will discuss any likely actions we might take, for example, writing to the other side and proposing formalising a current arrangement or asking them to consider changing the current arrangements.

2

We will talk about mediation

If you have an upcoming mediation date, we will discuss how you can best prepare.

We will advise whether you or the other side is being reasonable according to family law.

We will discuss with you what to propose and how to propose it in mediation. If you wish, we will even discuss how we might represent you at the mediation.

3

We will talk about court

With steady stewardship the majority of family law matters never go to court.

However if your matter is at court stage or we are concerned it might get there, we will discuss the likely outcome of any court decisions.

It is important to remember that when both parties have good representation almost all court matters settle before a final hearing. However you may have interim or other court hearings for the purpose of case progression.

Children are the most important part of a legal separation, it is important to get advice to protect their interests from the very start.

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1

The best interest of the child

Family law is concerned with the rights of the children and the responsibilities of the parent.

This means the best interest of the child or children should be paramount to any decision made by you in regards to parenting arrangements.

We will discuss with you what you believe is in the best interest of the child and whether or not we can make that into a parenting agreement.

2

Reaching a parenting agreement

We will discuss strategic ways to move forward to get an ideal parenting agreement.

These steps are tailored to you and your specific family law case.

3

If you can’t agree on parenting

If you cannot agree with parenting arrangements, we will discuss options and steps to be made, which might include inviting the other party to mediation or even filing in court.
4

Formalising any agreements

We will discuss your legal fees to reach an ideal outcome in your financial separation.

Start fresh today

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Lawyers For Separation – Frequently Asked Questions

I don't know my assets or liabilites

That’s completely okay! We can still get estimates by asking questions about your lifestyle, employment and other factors. We will use valuation tools for assets and will look at your cash flow to estimate debts.

I want to keep things amicable, how will seeing a lawyer help that?

That’s great news! We can help you document what is agreed upon that way things can stay amicable in the future.

I am not sure if I want to hire a separation lawyer yet

Many of our clients have advice and then come back to us when they have thought it through, some even go away and manage to sort things out on their own. We will discuss with you what your likely goals are from the session and we will tailor our advice to that.

What is the free follow up call?

We understand that oftentimes when people have important conversations they think of questions they wanted to ask or things they wanted to say, long after the conversation has finished. That’s why our divorce/ separation lawyers do a post consultation complimentary follow up call for any further thoughts you might have.

Do I need a lawyer for legal separation?

While it’s possible to file for separation without a lawyer, having a qualified separation lawyer can help protect your interests and ensure all legal aspects are properly handled. If you require legal advice on separation and divorce, get in touch with our marriage separation lawyers today.

What is the difference between legal separation and divorce?

Legal separation allows couples to live apart without dissolving the marriage, whereas divorce legally ends the marriage. If you require legal advice for divorce or separation, contact our team today.

What is a trial separation?

A trial separation is essentially a temporary separation, where couples live apart temporarily to decide whether to divorce or reconcile.

How do I file for legal separation?

Filing for legal separation involves submitting separation papers to the court. A lawyer can help you understand the specific requirements in your jurisdiction.

Where can I get legal advice for separation?

You can get legal advice on separation from our qualified family lawyers.

How can I get a legal separation?

To get a legal separation, you need to file a petition with the court. Consulting our divorce and separation lawyers can help you navigate the process.

What documents are required for a legal separation?

Required legal separation documents typically include a petition for separation, financial statements, and a separation agreement form.

How do I file separation papers?

You need to complete and submit separation papers to your local family court. Legal advice from a separation solicitor is recommended to ensure accuracy.

What is the best way to deal with separation/divorce?

One of the best methods for dealing with separation is by seeking both emotional and legal support. Understanding your rights and options can help you move forward confidently after getting separated.

What is a marital separation agreement?

A marital separation agreement is a document outlining the terms of the separation, including property division, financial support, and parenting arrangements.

How do I obtain a separation order?

A separation order is obtained through the court after filing a petition for legal separation. A lawyer can assist in this process.

What legal advice is available for marriage separation?

Legal advice for marriage separation includes understanding your rights, division of assets, and parenting arrangements. Our experienced lawyers in marriage/separation can provide this guidance.

Can unmarried couples get legal advice for separation in Australia?

Yes, unmarried couples can seek legal advice for separation. Unmarried couples still have rights and obligations during separation which need to be upheld.

Are there family separation lawyers?

Yes, a family separation lawyer is experienced in handling all aspects of family law, including separation and divorce.

How do I apply for legal separation?

How to apply for legal separation:  You need to file a petition with your local family court. Consulting with a lawyer can ensure you follow the correct procedure.

Book your free family law phone consultation

Contact us today to book your free 20 minute, no obligation chat with one of our experienced family lawyers over the phone.

Book your free family law phone consultation

Contact us today to book your free 20 minute, no obligation chat with one of our experienced family lawyers over the phone.

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How did you hear about us?*
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