Why You Should Get Legal Advice Before Separation | Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Many people wait until after they’ve separated to speak with a lawyer — but getting legal advice beforehand can often save enormous stress, time, and cost later.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says early advice helps clients make informed choices from the start. “You don’t have to be ready to separate to benefit from legal advice,” she explains. “Sometimes that first conversation is simply about understanding your rights, your options, and what the road ahead could look like.”

When emotions are running high, having clarity about what’s legally possible can bring calm to an otherwise uncertain situation. “Once people know their legal position, they can make decisions with confidence instead of fear,” Melody adds.

Avoiding Common Mistakes

Acting on impulse — moving out, transferring money, or changing arrangements with the children — can have lasting consequences.

“We often see clients who’ve already made big changes before getting advice, and unfortunately it limits their options later,” Melody says. “A short consultation early on can prevent long-term complications.”

Early advice helps you understand how the law treats property, finances and parenting responsibilities. It can guide how to manage joint accounts, preserve evidence, or approach conversations with your former partner in a way that won’t harm your position.

Planning Financially and Emotionally

Separation involves both practical and emotional steps. Melody explains that being prepared financially makes a huge difference.

“Before separation, you can start thinking about budgets, housing, and what your new household might look like,” she says. “That preparation gives you control, rather than reacting to decisions someone else has already made.”

Wallen Family Law offers clients structured, confidential consultations — including fixed-fee options — to help map out a safe and realistic plan before separation occurs.

“We take the pressure off,” Melody says. “It’s not about pushing you to separate — it’s about helping you understand what’s ahead, so you can take the next step when you’re ready.”

Parenting Considerations

For parents, early legal advice helps ensure arrangements support the children’s best interests from day one.

“If one parent leaves suddenly with the children or changes access without agreement, it can create unnecessary conflict,” Melody explains. “Having advice early means you can manage those transitions carefully, so the focus stays on the children’s wellbeing.”

Quick Answers

Why should I get advice before separating?
Because it helps you understand your rights, options and responsibilities before any decisions are made that could impact your legal position.

Does getting advice mean I have to leave my partner?
No. You can get confidential advice at any stage, even if you’re unsure what you want to do next.

What will a lawyer tell me before separation?
We’ll explain your likely entitlements, how property and parenting laws work, and the steps to protect yourself financially and emotionally.

Can I prepare for separation without starting a legal fight?
Yes. Early legal advice is about clarity and calm — not confrontation. It helps you avoid unnecessary disputes later.

What should I bring to my first appointment?

Any relevant financial documents, notes about your situation, and questions you want answered. Even basic details help shape clear next steps.

From Melody

“Separation is never easy, but being informed makes all the difference. Getting advice early doesn’t end a relationship — it empowers you to make decisions safely and confidently.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

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