Parties need to take care of a lot of matters after a separation. Understanding how financial and parenting issues are handled and organising living arrangements is important. However, many of our clients struggle with how best to prioritise these matters. Here’s a guide to the steps parties can take to manage separation properly.
Key takeaways
Print your separation checklist here
Ferrall & Co. • Interactive & Printable Tool
Separation Checklist Australia
Use this checklist to organise the practical steps that may need attention after separation. Tick items as you work through them, then print a copy for your records.
Safety and separation date
Start with immediate safety and create a clear record of when separation occurred.
Temporary arrangements for children and pets
Work through the practical arrangements that can help provide stability while longer-term decisions are being made.
Preserve a financial snapshot
Gather documents early so you have a clearer record of assets, liabilities and ongoing financial obligations.
Identify what needs to be formally resolved
Once the immediate situation is more stable, identify which parenting, property and support matters still require agreement or formalisation.
Update accounts, agencies and personal documents
Review the accounts, records and organisations that may need to be updated after separation.
Secure important personal documents
Make sure you can access important records and keep sensitive information in a secure location.
Start with safety and the separation date
The safety of you and your family is the most immediate issue. If you have family violence concerns, you may wish to contact a family lawyer as soon as possible to discuss your concerns. They can help with applying for a protection order and enforcing its terms.
It’s important to establish what your separation date is as soon as you can. In Australia, this date is a legal benchmark that determines the deadline for certain court orders and when you’re allowed to apply for a divorce. You’re considered separated when one party has finally decided the relationship has ended, informs the other of that intention, and takes steps consistent with that decision.
Communicate your decision to leave the relationship in writing, such as with an email or text message. Keep a written record of the separation date for legal purposes. Having concrete evidence like this can make it easier to demonstrate your separation to the Federal Circuit and Family Court of Australia (FCFCOA).
If you’re experiencing domestic violence, there are resources available:
DVConnect womensline: 1800 811 811
DVConnect mensline: 1800 600 636
1800RESPECT: 1800 737 732
Make temporary arrangements for children and pets
Making parenting arrangements is typically done before financial matters. An interim parenting plan can help reduce conflict and organise important details, while prioritising children’s safety and, where appropriate, keeping them in a familiar environment, such as:
Where the child will live and what temporary care arrangements will apply with the other parent.
Managing extra-curricular activities while maintaining stable school and childcare routines.
How each parent will contribute to the child’s expenses.
How you will communicate about any needed changes.
Completing school pick-ups and drop-offs in a way that supports stable school and childcare routines.
Who will care for family pets.
Emergency contact details.
Under Australian family law, child support arrangements are separate from parenting arrangements.
You can pursue a formal parenting order at a later date, once you’ve settled on your longer-term living arrangements and what is in the child’s best interests. If you’re having difficulty arranging alternative accommodation, you can continue living under the same roof as your former partner. You’ll need to submit an affidavit to the Court explaining how your domestic circumstances have changed post-separation. A family lawyer can help draft a suitable affidavit.
Preserve a complete financial snapshot
You don’t need to organise a property settlement immediately. Spouses generally have to start a property order application within 12 months of receiving their divorce order, and parties in a de facto relationship have two years from their separation date. However, it can be useful to gather financial documents early and create a detailed list of all assets and liabilities for property division. Organising your financial affairs may include tracking ongoing obligations such as mortgage repayments and loan repayments, and may include:
Private health insurance policy documentation.
Bank statements.
Property documents.
Mortgage documents.
Business statements.
car registration details.
If the family home is part of the pool, valuations support a fair property settlement during negotiations.
Identify what must be formally resolved
Once your immediate situation has been worked out, you can consider longer-term plans. That often involves beginning applications for parenting and property orders. Some of the major issues many parties work through at this point include:
Speaking with your ex-partner about parenting and your financial future over the long term, including working toward a final agreement about assets, liabilities, and any related payments. If you’re having difficulty making an agreement, a family dispute resolution practitioner can help you take practical steps to find a solution.
Seek legal advice from a lawyer before making any legal decisions. A family lawyer can outline likely outcomes for property division, assist with mediation, organise financial disclosure, and help you draft applications.
Considering any need for support such as spousal maintenance or child support. A lawyer can help you seek interim spousal maintenance orders if you require immediate help, and you can also check the Services Australia website for child support information and calculators.
When negotiating property settlement, non financial contributions can also be relevant alongside direct financial contributions. If agreement is not reached on parenting arrangements or related issues, a court order may be needed to formalise some outcomes.
Update Accounts, Agencies And Personal Documents
There are many different parties who may need to know about your separation. Some important matters that are sometimes overlooked include:
Closing joint bank accounts. While this isn’t required, many parties find having a separate bank account can be an important step to developing financial independence. Review each joint account, set limits on withdrawals, and ask your bank to require both signatures where appropriate.
Open a new account and redirect your income or benefits to it as soon as possible.
Notifying government agencies. Agencies like Centrelink, Services Australia, and the Australian Taxation Office may need to know how your situation has changed. A change to your marital status can affect government payments and other matters, and you should notify Services Australia within 14 days.
Taking your name or your former spouse’s name off of utility accounts or other digital accounts, and reviewing insurance policies to make sure personal details are current after separation.
Updating online banking passwords and enabling two-factor authentication to help make a clean break from the relationship. It is also sensible to log out of all sessions on major platforms, update recovery email addresses and phone numbers across your accounts, and turn off location sharing on phones and social media apps.
Cancel joint credit cards.
Redirect your income to the new sole bank account.
If you rent, inform the property manager if access, keys, or lease details need to change.
Check ongoing expenses such as school fees so essential payments continue while arrangements are being sorted out.
Making sure you have access to crucial information, such as, and keeping sensitive information in a secure location:
Your tax file number.
Medical records.
Home loan documentation.
Tax returns and other tax records.
Marriage certificate.
Your children’s birth certificates.
Conclusion
There can be a lot of things to organise during the separation process. After such a major life change, it can help to have a clear checklist to walk you through the crucial steps to take. Being able to prioritise each step can make the process easier practically and emotionally.
Do you need legal advice from a family lawyer?
Our team has extensive experience helping clients through their separation. Contact us today for a free consultation.
Disclaimer: This article provides general information only. It is not legal advice. Family law outcomes depend on your circumstances. You should speak with a family lawyer before making decisions about your matter.
