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1.2 Before the Divorce - Must Do Now Checklist - YouTube
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hi welcome to video 2 of module 1 my
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name is Leanne Abela I'm director and
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partner of Pearson's and if this is the
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first video you've seen in a series I
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strongly recommend you go back to the
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beginning and have a look at everything
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else we have to offer in this series and
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you can do that by going to the
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Pearson's YouTube channel or to the
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Pearson's webpage
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one of the first things you can attend
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to which will cost you nothing and will
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be very effective is to change your
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email password most relationships result
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in parties knowing one another's
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password and so the first thing that can
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go wrong is that your most eavesdropping
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on each other's conversations when
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you're separating or thinking of
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separating it's important that you
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retain your privacy so by changing your
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password you'll ensure that your partner
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does not have the ability to download
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some of those email communications with
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other people or friends or even your
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lawyer and use that to your disadvantage
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the last thing you want is to be worried
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about communication that you may have
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undertaken without knowing that somebody
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was going to use it against you and this
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could happen immediately or later on in
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the process at a time when you've
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completely forgotten that you even sent
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the email so this is something that is
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free will cost you nothing and that
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which you can do to protect yourself and
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give yourself some peace of mind the
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next thing that you could attend to
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which is also very important will
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involve a visit to the bank or some
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online work and that is freezing your
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mortgage balances freezing drawdown
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facilities and freezing some credit
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cards so most people these days operate
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with a mortgage balance or a mortgage
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limit and then have a drawdown facility
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and in most of the cases we've seen one
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of the knee-jerk reactions to a
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separation is for one of the parties
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either because they're worried about how
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they're going to cope financially or as
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a sort of a way of punishing their
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partner if you like is to drawdown
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against the mortgage and take a load of
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money out now they may take that money
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out because they need to set up
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furniture and another property or
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because they're worried that their
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partner is going to do the same thing
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and drawdown against the mortgage so one
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thing that you could effectively do is
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to contact the bank explain that you've
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separated and what you don't want is
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what can be seen as almost theft but
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isn't really in terms of drawing down
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against the mortgage or overdraft and
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thus really reducing what there will be
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to fight about in the basket at the end
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of the day if you find that you're
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unable to do this without the assistance
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of a solicitor then by all means go and
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see a family lawyer straight away and
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hopefully there won't be any need to go
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to court it could be dealt with by way
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of a letter or some communication
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but ultimately if court order is
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necessary this can be done and it can be
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done very quickly and efficiently
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the third thing which needs to be
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attended to often occurs when one of the
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parties has the assets in their names so
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in family law we don't really take any
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weight in relation to whose name the
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properties are in but if the property is
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in your partner's name and not in your
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name it's important that you protect
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your interest
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you can't effectively have a fight over
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an asset that no longer exists and it
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will no longer exist if your partner
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transfers it sells it or gives it away
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so how do we you ensure that that
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doesn't occur by lodging a cave it
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against the property now you can do this
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yourself by visiting the titles office
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in Melbourne and lodging your cave it
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against the property and there's a
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government fee involved a four year duty
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and that will be approximately a hundred
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dollars or you can pay a lawyer to do it
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and that will be a total cost of around
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$300 to $350 and that will ensure that
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your partner can't borrow against the
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property transfer it give it away or
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take other securities against it
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changing the locks a lot of people come
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in approached us about changing the
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locks because their partner has already
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left or they want their partner to leave
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changing the locks is not really
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effective way of stopping somebody
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coming back into the property but if
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your partner's already left you may want
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to change the locks just to ensure that
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you have privacy and that you're not
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worried about them returning when you
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have taken occupation of the property it
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doesn't give you a greater entitlement
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to the asset doesn't mean your partner
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can't come back but it does give you
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some security and so we do recommend
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generally if you've had occupation of
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the property that you change the locks
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dealing with a will now we know that
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this is a difficult time the time of
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separation it's scary it's confusing
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there's lots going on in relation to the
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children and property but unfortunately
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people do die during the course of a
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separation and prior to the assets being
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divided and in the work we've done over
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the last 26 years there have been many
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instances where people have passed away
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and expected to lead and tragically
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leaving their family most upset because
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there was no will in place and what it
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would mean
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if you didn't have a will is it your
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clothing jewelry finances assets would
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all go to your estranged partner which
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would leave a bit of a mess for your
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family and in particular your children
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so we recommend that at the time of
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separation you make an you will and that
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you also change the beneficiaries of
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your superannuation fund at the moment
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your beneficiary of your superannuation
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fund is likely to be your partner and
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it's important that that's changed to
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either be your children or whoever you
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want to leave your superannuation
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entitlement to and the solicitor will
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help you work through your will and deal
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with that superannuation if issue if you
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want them to or you can simply contact
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your own superannuation fund in some
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instances at the time of separation all
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leading up to separation a party might
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be fearful of separating because of the
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reprisals which may occur if you are in
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fear of your own safety or that there
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may be damage to the property if you
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separate we would recommend that you
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contact your local magistrate's court
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and ask for an appointment to apply for
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an intervention order intervention
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orders are a subject of their own and so
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if you're interested in that particular
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topic I suggest you go to a later video
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in these modules which will cover that
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topic completely so if you feel that
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you're ready and you're able to move on
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to the next video I recommend you do and
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the next video will deal with essential
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documents you need to gather so that
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you're well-equipped during this entire
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process or if you're still thinking
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about separating so that you have
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everything you need when that time comes
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all our videos in this youtube series
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can be found through the pearsons
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youtube channel or by visiting the
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pearsons website and following the links
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alternatively if you know that it's
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simply time to see a family lawyer
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please contact us for a free initial
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consultation please be advised that we
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must complete a conflict check so that
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we can only represent one party in a
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family law matter so if your partner is
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watching this same youtube series and
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engages our services before you do we
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advise that we may not be able to talk
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to you whatever it is that you choose
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it's our wish that throughout this
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youtube series you can finally gain a
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sense of certainty so that you know
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where you
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stand
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