Separation can be an overwhelming time with many practical matters to address. Taking the right initial steps can make a significant difference to your wellbeing and legal position down the track. If you’re currently going through a separation or thinking about separating from your partner in Australia, having a clear roadmap can help you navigate this challenging time. Seeking Nardi Lawyers family law in Ringwood advice early can help you understand your rights and responsibilities.
Key Takeaways
- Prioritise safety and children’s wellbeing with immediate practical arrangements
- Gather and secure important documents and financial information early
- Seek legal advice about your specific situation before making major decisions
- Create clear parenting arrangements and consider formalising them appropriately
- Access emotional and practical support services throughout the process
Immediate practical steps after separation
Address safety and urgent needs
Your immediate safety and that of any children should be your first priority. If there are concerns about family violence, contact police on 000 in emergencies. For those needing to leave their home, emergency accommodation services are available through organisations like Safe Steps (1800 015 188).
Where necessary, police or court intervention orders can provide protection. These can be arranged through local police stations or magistrates’ courts.
Look after children in the short term
Children benefit from stability during separation. Try to maintain regular routines for school, childcare, and activities where possible. Keep detailed records of care arrangements, including who has the children on which days and any changes to established patterns.
Clear communication about children’s whereabouts helps reduce conflict and provides reassurance for all parties involved.
Secure documents and records
Collect and safely store important documents including:
- Identification documents (passports, birth certificates, Medicare cards)
- Financial records (bank statements, tax returns, superannuation details)
- Property documentation (titles, mortgage papers, valuations)
- Insurance policies and investment information
- Wills and other legal documents
Take screenshots or copies of relevant electronic communications that may be important later, especially those relating to agreements or disputed matters.
Protect accounts and property
Update passwords for your email, banking, and social media accounts. Consider whether changing locks is necessary (seek legal advice first as this could escalate conflict). Review joint accounts and redirect any direct debits that should now come from your individual account.
Legal steps to take in Australia
Get legal information and initial advice
Even if you hope to resolve matters amicably, getting early legal information helps you make informed decisions. Free or low-cost options include Legal Aid offices, community legal centres, and the Family Relationships Advice Line (1800 050 321).
A private family lawyer can provide personalised advice tailored to your circumstances. Many offer initial consultations at reduced rates.
“The decisions made in the early stages of separation often have long-term implications for both financial outcomes and children’s arrangements. Getting accurate information early helps clients avoid costly mistakes.” – Nardi Lawyers
Understand court options and processes
Most family law matters are resolved without going to court. Family dispute resolution (mediation) is typically required before court applications for parenting matters. Consent orders formalise agreements through the court without attending hearings.
For urgent situations involving children or property at risk, emergency court applications can be made. Be aware of the 12-month time limit after divorce for property settlements and the 24-month limit for de facto relationships.
Evidence and record keeping for legal matters
Maintain organised, chronological records of important events, communications with your ex-partner, and financial transactions. This documentation may be valuable if matters proceed to court.
Use a diary or digital notes to record incidents, agreements, and changes to arrangements as they occur.
Financial and property matters
Separate finances gradually
Open individual bank accounts if you don’t already have them. Redirect your income to your personal account and notify service providers of changed payment arrangements. Consider which joint financial commitments need to continue and which can be separated.
Make a full inventory of assets and debts
Create a comprehensive list of everything owned and owed by both parties, including:
Property, vehicles, household contents, investments, business interests, superannuation, bank accounts, loans, credit cards, and tax liabilities.
Where possible, attach values and supporting documentation to each item.
Options for resolving property division
Property settlements can be reached through direct negotiation, mediation, collaborative law processes, or as a last resort, court determination. Whatever method you choose, formalising the agreement through consent orders provides finality and protection.
Parenting and arrangements for children
Focus on the children’s wellbeing and routines
Children need honest, age-appropriate explanations about separation without being burdened with adult details. Maintaining consistency in discipline, activities, and daily routines helps children adjust to changes in family structure.
Create parenting plans and consider consent orders
Written parenting plans document arrangements for children’s living situations, school attendance, holidays, and special occasions. While not legally binding, they provide a clear reference point for both parents.
For more certainty, these arrangements can be formalised through consent orders approved by the Family Court.
Practical checklist and suggested timeline
First 24–72 hours
Confirm safety arrangements, secure essential documents, make temporary arrangements for children, and seek urgent legal advice if needed for immediate concerns.
First 2 weeks
Gather financial records, separate bank accounts, get initial legal advice, notify schools or childcare providers, and establish communication protocols with your ex-partner.
First 3 months
Consider mediation options, develop a more detailed parenting plan, explore property settlement approaches, and review financial positions including superannuation and support entitlements.
Ongoing items to track
Maintain your documentation folder with new financial information, track child-related expenses, save relevant communications, and review arrangements as circumstances change.
Conclusion
Taking methodical steps after separation helps create clarity during a challenging time. By focusing on immediate practical needs, seeking appropriate legal guidance, and establishing clear arrangements for finances and children, you can build a foundation for moving forward.
While every separation is unique, having a structured approach reduces stress and helps prevent future complications. Nardi Lawyers can provide tailored advice specific to your family situation, helping you make informed decisions at each stage of the separation process.
