Separation Settlement
The individual is facing an emotionally distressing situation characterized by an abusive and controlling partner. There are serious concerns regarding the well-being of their children due to the partner's behavior. The children, who are with the individual during the weekdays, are aware of the distressing environment. Although the partner has vacated the residence, the individual has not pursued legal protections, such as an intervention order. The settlement involves co-owned property and financial assets, particularly a shared account and a residential property.
Questions about this case
These answers have been verified by a lawyer in the LEAP networkWhat steps can I take to ensure my safety and the safety of my children during the separation process?
To ensure safety during separation, it's important to develop a safety plan which may include securing your home, informing trusted friends or family about your situation, and keeping emergency contacts accessible. Support groups and counselling can provide emotional support. Documenting any incidents of concern will be beneficial, and local support services may offer additional resources.
How is domestic violence considered in the division of property and assets during a separation settlement?
In Australia, domestic violence significantly impacts the division of property and assets. The Family Law Act 1975 takes into account both parties' contributions and future needs. Domestic violence may influence the court's decisions, especially if it affects the victim's contributions or results in a need for financial support for safety.
What legal protections are available for me and my children if we are experiencing abuse?
You can seek legal protections, including an Apprehended Domestic Violence Order (ADVO), which places restrictions on the abusive partner to ensure your safety. Documenting incidents of abuse is critical for this process, and consulting legal resources can provide guidance.
Can I seek an intervention order or any other legal protection to keep my partner away from us during the separation process?
Yes, you can apply for an intervention order to protect yourself and your children from your partner's abusive actions. This can include measures to prevent them from contacting or approaching you.
How will abusive behaviour affect custody arrangements for the children?
In cases of domestic abuse, courts prioritize the safety of the children when determining custody arrangements. Evidence of abuse may lead to limitations on the abusive parent's access to the children.
