For next week we have a feature story prepared for you that will explain how a collaborative law approach makes it possible for your lawyer to help you with separation without going through the court.

The advantages of this include being more flexible and less costly to both parties.

For cases that do need to go through the court system, Hugh Dahlitz, a lawyer at RMB Lawyers, explained that the courts look at all sorts of complexities such as the influence of non-financial contributions to the relationship, the validity of "binding" agreements, what happens when one party wants to relocate with the children, and how it's best to avoid social media at this time.

"In property settlements, the Family Law Court will consider both financial and non-financial contributions to the joint property pool of a relationship," says Hugh.

"Direct financial contributions will include money or property that each party brought into the joint property pool during the relationship. This includes wages, lump sum compensation, superannuation interests, and proceeds or returns from gambling or investments.

"Indirect financial contributions include work done to obtain, maintain or improve an asset, and gifts to an individual party, such as an inheritance.

"Non-financial contributions are also relevant. This might include, work done in home-making, or child-care that made it possible for another party to go to work, or to attend to other profit-generating activities."

"A Financial Agreement gives couples the ability to determine themselves how the assets of the relationship will be divided."

However, "Some early court interpretations took a strict approach and set aside financial agreements that did not meet the technical requirements of the [Family Law] Act."

Therefore, "extraordinary care must be taken to obtain good legal advice in order to ensure that your agreement strictly complies with the legislative requirements set out in the Act."

This advertising feature is supported by the following business. Click the link to learn more:

"The general rule is that if moving is going to limit the time your children spend with the other parent, then you need that parent's consent to relocate. Without that, you need to apply to the court for permission. If consent is not given by either the non-residential parent or the court and the other parent relocates the children unilaterally, then a court can order the children's return."

If you do ask the court for permission, "There is no special rule that determines whether a relocation will be permitted or how far a parent is entitled to relocate. Rather, each case is determined on its merits, with the children's best interests the court's primary consideration," Hugh says.

"The court's considerations may include the reduced time the children will spend with the non-resident parent, travel time and possible accommodation costs, the non-resident parent's ability to be involved in the children's schooling and extracurricular activities, separation of the children's extended family and friends and views expressed by the children.

"Another consideration for the court is the reason for the parent wanting to relocate with the children, such as it being financially, professionally or academically advantageous, to be closer to family support, to cohabitate with a new spouse or to return 'home' after being unable to settle in another location."

"It is crucial to understand that text and images posted online can be used as evidence and are regularly prejudicial to your interests.

"If you want to vent about something your ex did that frustrated or hurt you, call a friend and make a coffee date. Once something is online, there is every chance that it cannot be deleted entirely and will always be available to be held against you in court proceedings."

Importantly, any post can potentially harm a case.

"For example, if one party uploads photos of their recent holiday to the Amalfi Coast [in Italy], this might be used by the other party to question whether there has been a full and frank disclosure of assets, which at a minimum would complicate any negotiations."