Relationship breakdowns can be incredibly stressful, whether it is a marriage or de facto relationship coming to an end.
If you’re wondering what to consider when separating, here are some key considerations to keep in mind during this time.
- Consider your safety: Firstly, what to consider when separating is your safety, as well as the safety of your children and those around you. In emergency situations, the police can provide support.
In non-urgent situations, many community organisations can provide advice, information and
services such as expert referral, counselling and emergency accommodation. Find out more here. - Child Custody and Parenting Arrangements: When separating, the well-being of any children involved is of paramount importance. In Australia, the Family Law Act 1975 emphasises that the best interests of the child are the primary consideration in parenting disputes.
Parents are encouraged to prioritise the child’s welfare and make arrangements that support their emotional and physical needs. Mediation and negotiation are often preferred methods to reach an agreement on parenting arrangements. However, if an agreement cannot be reached, the court can intervene and make decisions based on the child’s best interests.
- Property Division: In Australia, the principle of “just and equitable” property division applies to separating couples. This means that assets, liabilities, and financial resources accumulated during the relationship will be fairly divided. Factors such as financial contributions, non-financial contributions, future needs, and the presence of children are taken into account.
Seeking legal advice can help you understand your entitlements and negotiate a fair property settlement.
- Secure documentary evidence: After separation or a marriage breakdown, decisions must be made about how the property pool will be divided. Whether this decision can be made in agreement with your ex, or requires the help of lawyers, at some point in you are going to be asked to justify your position.
It may be difficult to retrieve this evidence if you have left the matrimonial home, so make sure you have access or copies before you go. Learn more about your duty of disclosure here.
At this point, it is useful to be able to provide documentary evidence such as details of real estate owned, evidence of any inheritances or payouts received, bank account statements and tax returns.
- Ensure financial security: Consider your living expenses and how you will fund your life after separation. Make sure you have ongoing access to funds. Consider how your loan or debts will be paid and what you will do with any joint accounts. It may be useful to speak with a trusted accountant or financial advisor.
- Take your belongings: If you are leaving the matrimonial home (or the home you share with your partner), take your belongings with you, including important legal and financial documents and children’s belongings. It may be difficult to retrieve your belongings later, even if you are legally entitled to them.
- Obtain legal advice: Lastly, we strongly recommend speaking to an experienced legal professional. One of the first and most important steps when considering separation is to consult with an experienced family lawyer. They will help you navigate the complexities of family law and provide personalized advice based on your unique circumstances.
A lawyer can clarify your rights, obligations and guide you through the legal processes involved in separation.
What to Consider When Separating
Focusing on the smaller, practical tasks can help you manage the immediate changes and secure your personal affairs during a separation. Here are some of those details you might consider addressing:
- Change the Locks: If you’re staying in the shared home and your partner is moving out, consider changing the locks to ensure your security.
- Bank Account Details: Visit your bank to discuss how to handle joint accounts. You might need to freeze the accounts or set up new individual accounts to prevent unauthorized access to funds.
- Redirect Mail: Update your mailing address or set up a mail redirection service if you move out, to ensure you continue receiving all your correspondence.
- Update Emergency Contacts: Change any emergency contact details that might have listed your partner, whether at work, on your phone, or in any official documents.
- Passwords and Access Codes: Change passwords and access codes that your partner might know, such as for online banking, email accounts, and social media.
- Utilities and Bills: If you’re remaining in the shared home, update the accounts for utilities like electricity, water, and internet to reflect the responsibility for payments moving forward.
- Insurance Policies: Review and update your insurance policies, including health, home, and car insurance, to reflect your new circumstances.
- Vehicle Titles and Registrations: If you own a vehicle together, you may need to update the registration details or ownership documents.
- Shared Subscriptions and Services: Disentangle yourselves from shared services like streaming platforms, gym memberships, or subscription boxes.
- Medical and School Contacts: Notify your doctor, dentist, and children’s schools of the change in your family situation, especially if it impacts emergency contacts or pick-up authorisations.
Taking these steps can help you secure your personal information and establish a foundation for your new living situation during and after the separation process.
Need a Lawyer?
How a Legal Professional Can Help You in This Situation | What to Consider When Separating
Separation can be a challenging and overwhelming experience. Thinking about what to consider when separating can be confusing, but understanding the legal considerations involved is essential for a smoother transition.
Seeking professional legal advice is crucial to ensure you are aware of your rights and obligations under Australian family law.
By understanding property division, child custody arrangements, spousal maintenance, and the available legal processes, you can make informed decisions that prioritise the well-being of all parties involved.
Remember, every situation is unique, and consulting with a family lawyer will provide you with tailored guidance to navigate the complexities of separation.
For guidance on what to consider when separating and before you take the leap, contact us to arrange an appointment.
*The legal information in this article is of a general nature only and not intended to be legal advice to rely upon.
