Tuesday, May 15, 2012

Where to start - advice for your friends


Hello everyone

When most people separate their first call is not usually to a family lawyer.  Usually the first call will be to a close family member or friend who will be confronted with a distressed person looking for not only compassion but basic advice.

The best advice you can give them is to send them to see a lawyer who specialises in family law, but if they are not ready to deal with lawyers here is some helpful things you can suggest:-

1.         Start to keep a diary.  In the diary write down conversations about money but more importantly track the time you each spend with your kids.  A diary will be a great tool if you ever have to go to court.

2.         Contact your bank and make sure that liabilities cannot be increased by your ex-spouse without your consent.  Change the accounts so they require signatures rather than one or the other to make large withdrawals.  Reduce limits on credit cards and cancel supplementary cards.  Tell your local bank manager about the separation so they know to contact you rather than their legal department if mortgage payments are not being made.

3.         Change the locks.  Separating is stressful enough without having your ex walk in and out as they please.

4.         Contact the Child Support Agency to ensure both parents are contributing to the costs of raising children.

5.         Photocopy all of the financial records, both yours and your spouse's and put the copies in a place where your ex-spouse cannot get them.

6.         If the house is in the name of your ex-spouse then put a caveat on it so it cannot be sold without your consent.

7.         If there has been domestic violence go to the local Magistrates court and get an intervention order and to the police to report any assault or harassment.

8.         Send them to an experienced family lawyer to get advice that is specific to their needs, their children and their relationship.

As always please feel free to comment on this or any other of my blogs.  I would also be happy to respond to any questions you may have on this topic.

If you have any further queries please feel free to contact me directly at Septimus Jones & Lee on (03) 9613 6555