Wednesday 28 October 2020

Partner Separation During COVID-19: Know Your Rights



The COVID-19 pandemic has fundamentally changed our day-to-day lives, affecting small things like how we shop and large things like how we work. This has understandably placed a great deal of stress on relationships, with data from Relationships Australia suggesting that 42% of people have experienced negative changes in their intimate relationships. Divorce rates are likely to increase post-lockdown as a result, so if you are now preparing to separate from your partner, you are not alone.

It is a confusing time to be considering leaving your partner and, for people who have already left their partners, it can be tricky to navigate the arrangements made pre-COVID regarding finances and childcare. But even though the world around you has changed, your rights have not. Having a lawyer by your side at this time is very important, as a lawyer can help you:

Having a lawyer on your side is the only way you can make sure your rights are maintained as you go through the process of separating from your partner. If you feel trapped in your current financial and living arrangements, or if you are struggling to maintain contact with your children, a Family Law Solicitor can help you regain your feet and gain your rights.

Accessing Funds

When you live with your partner and share funds, it can be difficult untangling your life from theirs once you have decided to separate. This situation can be made worse if you need to leave the property you share with your partner or need money to finance your life post-separation. The pandemic may have put further stress on your finances through its toll on the economy and working Australians, making accessing your funds even more vital. A lawyer is essential in handling these situations, they can negotiate with your former partner or their representatives to secure access to funds, apply to the court for urgent orders to seek a release of funds, and secure any money you are entitled to by way of property settlements. You have a right to remain financially secure after separating from your partner, hiring a lawyer can ensure that you are not taken advantage of.

Contacting Children

Rules and restrictions around travel and social contact have been put in place by the Victorian Government to help stop the spread of the coronavirus, although these rules can stop you from seeing your friends, they cannot stop you from seeing your children. The childcare arrangements you had with your partner before lockdown have not been changed in light of the pandemic, your rights remain the same. If your former partner is trying to restrict your access to your children, they are infringing on your rights. Hiring a lawyer is the most effective way to gain your rights as a parent as a lawyer can communicate with your former partner on your behalf and take your case to the family court if they continue to deny your visitation rights.

Getting a Hearing

You may think the lockdown has resulted in the courts being closed, but this is only true on a physical level. All courts remain operational, though hearings are now being conducted online as opposed to in the courthouse. A lawyer will help you get your matter heard by the court; we have the set-up required for virtual hearings. Some court procedures have been changed due to COVID-19, including the process for obtaining an intervention order, lawyers can help you navigate these changes and inform you of all your options.

At Le Brun & Associates, our dedicated team of Family Law Solicitors and Divorce Lawyers can help you navigate the complications associated with your separation with confidence and meet your urgent needs to seek clarity so you never feel alone. We provide sound and knowledgeable advice with the highest level of service to ensure that you get the best possible outcome from your separation. Contact us today for your FREE 30-minute consultation. At Le Brun and Associates, we always stand by you.