Separation can be overwhelming, especially as you navigate legal, financial, and emotional changes.
However, the initial stages can be particularly crucial, as the decisions you make can have a significant impact on court proceedings.
Knowing what to do first can help protect your interests and allow you to make informed decisions about the future.
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Confirm the date of separation
Record the date your relationship ended and, where appropriate, confirm it with your former partner in writing.
For married couples, this date is particularly important as you must generally be separated for at least 12 months before applying for divorce.
The separation date may also affect time limits for property and maintenance applications, particularly for de facto couples.
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Gather your financial documents
Collect and securely store copies of documents that provide a clear picture of your financial position, including:
- Bank and credit card statements
- Tax returns and pay slips
- Superannuation records
- Property ownership and mortgage information
- Business and investment records
These can help identify the assets, liabilities, and financial resources of both parties during settlement negotiations.
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Keep important records
Retain copies of relevant emails, text messages, parenting schedules, financial records, and written agreements reached with your former partner.
Keep these factual, organised and secure. Do not access accounts, devices or communications you are not legally entitled to view.
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Develop a parenting plan
Discuss practical arrangements with your former partner that place your children’s best interests first.
These may include:
- Where the children will live
- How much time they will spend with each parent
- Schooling and healthcare
- Communication with each parent
- Holidays and special occasions
A written parenting plan can clarify what has been agreed to. However, it is not legally enforceable. Your children should remain a top priority.
If there are concerns about family violence, abuse, or safety, seek legal advice before negotiating directly with your former partner.
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Avoid significant financial transactions
Avoid selling property, transferring large amounts of money, increasing debts, or changing ownership arrangements without legal advice.
Do not attempt to hide, dispose of, or reduce the value of assets.
This does not mean you should leave yourself without money for ordinary living expenses. A lawyer can advise you on protecting your position while meeting your immediate needs.
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Review your banking arrangements
If you do not already have a bank account in your sole name, consider opening one as soon as possible. Ensure your earnings, such as wages or Centrelink benefits, are also deposited into it.
Use this time to also review joint accounts, direct debits, credit cards, and liabilities to understand your ongoing responsibilities.
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Protect your digital privacy
Change the passwords for accounts held solely in your name, including your personal email, cloud storage, banking, and social media accounts. Enable multi-factor authentication and review which devices have access.
Do not access your former partner’s accounts or change passwords.
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Review your Will and beneficiaries
Separation does not automatically update or revoke your Will, powers of attorney, insurance policies, or beneficiary nominations.
Review these documents early in your proceedings to ensure they continue to reflect your wishes.
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Speak with a family lawyer
Getting legal advice early can help you understand your rights and responsibilities before making significant decisions.
A family lawyer can assist with the separation process by negotiating property settlements, financial agreements, parenting arrangements, and spousal or de facto maintenance.
Pascale Legal provides a free, no obligation consultation to help understand your position and explore achievable outcomes. We act in your best interests to achieve the best possible outcome.
Our expertise covers all areas of family law, including separation, divorce, spousal maintenance, parenting arrangements, and property disputes.
If you’re looking for a family lawyer in Adelaide, contact us at Pascale Legal today on (08) 8250 0404, or visit our website.