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During Separation and Divorce
10 Apr 2023

Top 10 Mistakes to Avoid During Separation and Divorce

By Family Lawyers Mackay, 10 Apr 2023
Divorce

Separation and divorce can be incredibly challenging times for everyone involved. Emotions are running high, and it can be difficult to make rational decisions. Unfortunately, during this time, some people make mistakes that can negatively impact their lives for years to come. At Family Lawyers Mackay, we understand the complexities of separation and divorce and have seen first-hand the mistakes that people often make. In this post, we will discuss the top 10 mistakes to avoid during separation and divorce.

Not seeking professional advice

One of the most significant mistakes people make during a separation or divorce is not seeking professional advice. This could include legal, financial, or emotional advice. Seeking professional advice can help you navigate the legal process, understand your financial options, and manage your emotions.

According to a survey by Relationships Australia, 40% of people going through a divorce or separation did not seek professional advice before making a decision. Seeking professional advice can help you make informed decisions and avoid costly mistakes.

Letting emotions control decisions

Separation and divorce can be an emotional rollercoaster, and it’s essential to manage your emotions effectively. Letting emotions control your decisions can lead to impulsive decisions that you may regret later.

According to a survey by the Australian Institute of Family Studies, 47% of separating and divorcing couples had high levels of conflict. It’s essential to take the time to process your emotions and make decisions with a clear head.

Not considering alternative dispute resolution options

Going to court should be the last resort in a separation or divorce. Alternative dispute resolution options, such as mediation, can be a more effective way to resolve conflicts and reach a mutually agreeable outcome.

According to the Australian Bureau of Statistics, only 5% of divorce cases in Australia went to court in 2019. Alternative dispute resolution can help you save time and money and reduce the emotional toll of going to court.

Not understanding your finances

A separation or divorce can have a significant impact on your finances. It’s essential to understand your financial situation, including your assets, debts, and expenses, before making any decisions.

ALWAYS KNOW YOUR RIGHTS AND KNOW WHERE YOU STAND

By consulting one of our accredited family law mackay specialists.

According to a survey by the Australian Securities and Investments Commission, 55% of people going through a divorce experience financial stress. Understanding your finances can help you make informed decisions and avoid financial hardship.

Not considering the impact on children

If you have children, it’s essential to consider the impact of your separation or divorce on them. Children can experience a range of emotions, including anger, sadness, and confusion, during this time.

According to a survey by the Australian Institute of Family Studies, 80% of children experienced at least one change in their lives following their parents’ separation. It’s important to prioritise your children’s needs and ensure they feel loved and supported.

Not being transparent with your ex-partner

Transparency is key during a separation or divorce. It’s essential to be open and honest with your ex-partner about your finances, assets, and debts.

According to a survey by Relationships Australia, 28% of people going through a divorce or separation did not disclose all their financial information to their ex-partner. Failing to disclose information can lead to mistrust and conflict, which can make the separation or divorce process more challenging.

Rushing into a new relationship

Starting a new relationship soon after a separation or divorce can be tempting, but it’s essential to take the time to process your emotions and heal before starting a new relationship.

According to a survey by the Australian Institute of Family Studies, only 3% of separated or divorced Australians remarried within the first year of separation. Rushing into a new relationship can lead to emotional baggage and complicate the separation or divorce process.

Not updating legal documents

Updating legal documents, such as your will, power of attorney, and superannuation beneficiary, is an important step to take during a separation or divorce. Failing to update these documents can result in your ex-partner benefiting from your estate or making important decisions on your behalf.

According to a survey by Slater and Gordon, 72% of Australians going through a divorce did not update their legal documents. It’s essential to review and update these documents to ensure they reflect your current wishes and circumstances.

Neglecting self-care

Taking care of your emotional and physical well-being is crucial during a separation or divorce. Neglecting self-care can lead to burnout and make it more challenging to navigate the separation or divorce process.

According to a survey by Relationships Australia, 47% of people going through a divorce or separation experienced high levels of emotional distress. Practicing self-care, such as exercise, therapy, and time with loved ones, can help you manage your emotions and reduce stress.

Not prioritising a fair and equitable outcome

During a separation or divorce, it’s essential to prioritize a fair and equitable outcome for both parties. This includes considering factors such as your financial situation, the impact on children, and the emotional toll of the separation or divorce.

According to a survey by the Australian Bureau of Statistics, 46% of divorce cases in Australia were initiated by women. It’s important to prioritise fairness and equity for both parties to ensure a smooth and amicable separation or divorce process.

Conclusion

Separation and divorce can be difficult and emotional experiences, but avoiding these common mistakes can help you navigate the process effectively. Seeking professional advice, managing your emotions, considering alternative dispute resolution options, understanding your finances, prioritising your children’s needs, being transparent with your ex-partner, taking time to heal, updating legal documents, practicing self-care, and prioritizing a fair and equitable outcome can help you avoid costly mistakes and achieve a positive outcome.

FAQ

What is the top mistake to avoid during separation and divorce?

One of the top mistakes to avoid during separation and divorce is not seeking professional help. It’s important to work with an experienced divorce attorney, a therapist, or a mediator to guide you through the process and help you make informed decisions.

What is the second mistake to avoid during separation and divorce?

Another mistake to avoid is making decisions based on emotions rather than logic. It’s important to keep your emotions in check and make decisions based on what’s fair and reasonable, rather than acting out of anger or hurt.

What is the third mistake to avoid during separation?

Not being prepared financially is another common mistake. It’s important to have a clear understanding of your finances, including assets, debts, and expenses, and work with a financial advisor or accountant to create a budget and plan for the future.

What is the fourth mistake to avoid during separation?

Failing to communicate effectively can also be a major mistake. It’s important to have open and honest communication with your spouse, even if it’s difficult, and to work together to reach agreements that are in the best interests of everyone involved.

ALWAYS KNOW YOUR RIGHTS AND KNOW WHERE YOU STAND

By consulting one of our accredited family law mackay specialists.

What is the fifth mistake to avoid during separation and divorce?

Neglecting your children’s needs can be another mistake. It’s important to prioritize your children’s well-being and work with your spouse to create a co-parenting plan that addresses their needs and provides stability and consistency.

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