Separation is a challenging time filled with emotional and practical hurdles. Whether it’s been brewing for months or comes as a sudden decision, knowing what to do first can help you navigate this difficult period with more confidence. Pearsons Family Law South Melbourne notes that understanding the legal definition of separation in Australia is crucial – it means living separately and apart, even if still under the same roof, with at least one person intending to end the relationship.
Key Takeaways
- Document your separation date through emails, messages or a statutory declaration as this becomes legally significant
- Prioritise immediate safety and living arrangements, especially if children are involved
- Seek early legal advice about your specific situation before making major decisions
- Gather and secure important financial documents and consider separating finances where appropriate
- Create temporary parenting arrangements that prioritise children’s wellbeing and stability
Immediate safety and living arrangements
Personal safety and urgent steps
If you’re at immediate risk, call emergency services on 000. Your safety comes first. If needed, you can apply for an intervention or protection order through your local police station or court. These orders can help protect you from family violence or harassment.
Each state and territory has domestic violence support services that can offer immediate help, counselling, and sometimes emergency accommodation.
Short-term accommodation options
One of the most pressing questions is where you’ll live. You might choose to remain in the family home or seek temporary accommodation elsewhere. This decision can have both practical and legal implications.
If you need to leave, options include staying with family or friends, short-term rentals, or in some cases, emergency housing services. Your state or territory housing department can provide information about emergency accommodation if needed.
Children and immediate care arrangements
If children are involved, creating workable short-term arrangements is a priority. This includes deciding who will care for them day-to-day, handling school pickups, and managing other activities.
Keep detailed records of all arrangements and communications about the children. A simple diary noting when children are with each parent can be valuable evidence later.
Record the separation date and written evidence
Why the separation date matters for property and support claims
The date of separation is legally significant in Australia. It starts the clock for the 12-month waiting period before you can apply for divorce. It’s also relevant for property settlements and some Centrelink entitlements.
Ways to record the date
Document your separation through dated messages, emails, or letters. A statutory declaration can also formally record the date. If you’re separating under the same roof, additional evidence may be needed to prove the relationship has ended.
How to keep a clear timeline of events
Maintain a chronological record of key events, conversations, and agreements. This timeline can help when dealing with legal and support services, and help refresh your memory during what is often a stressful time.
“The date of separation is one of the most important pieces of information in family law matters, as it triggers various legal timeframes and can impact financial entitlements.” – Pearsons Lawyers
Legal advice and dispute resolution options
When to contact a family lawyer
Getting early legal advice helps you understand your rights and responsibilities. When meeting with a lawyer, bring identification, financial documents, and any correspondence about the separation.
Family dispute resolution and mediation
Before going to court for parenting matters, most people must attempt Family Dispute Resolution. This mediation process helps parents reach agreements about children’s arrangements. Family Relationship Centres offer these services, often at reduced rates.
Going to court
Court proceedings should generally be a last resort. However, you can apply for consent orders to formalise agreements, or file applications for property or parenting matters if needed. Urgent hearings are available for matters involving safety risks.
Low-cost legal help
If cost is a concern, Legal Aid, community legal centres, and law institutes in each state offer reduced-cost or free initial consultations.
Financial first steps
Collect key financial documents
Gather bank statements, payslips, tax returns, superannuation information, and details of mortgages and loans. Make copies and store them securely.
Access to money and safe bank accounts
Consider opening an individual bank account if you don’t already have one. Create a temporary budget based on your new financial situation. If you’re concerned about joint accounts, speak to your bank about options.
Centrelink and child support
Notify Centrelink of your changed circumstances as you may be eligible for payments. Contact Services Australia to discuss child support arrangements if you have children.
Children and parenting arrangements
Creating a parenting plan
A parenting plan is a written agreement covering care arrangements, schooling, health matters, and special occasions. While not legally enforceable like court orders, it demonstrates your intentions and can guide future arrangements.
School, health and routine arrangements
Maintain children’s routines as much as possible. Notify schools of the separation and any changes to pickup arrangements. Decide how you’ll handle health appointments and costs.
Managing communication with the other parent
Establish clear communication channels with the other parent. Many separated parents use email, text messages, or dedicated co-parenting apps to keep communications documented and focused on the children.
Practical administrative tasks
Update important documents
Review and update your will, enduring power of attorney, and insurance beneficiaries. These documents don’t automatically change after separation.
Change of address and utilities
Update your address with relevant organisations if you’ve moved. Arrange transfers of utilities, registration details, and lease agreements as needed.
Tax implications
Separation can affect your tax situation. Notify the Australian Taxation Office of your changed circumstances and consider seeking advice from a tax professional.
Support services and mental health resources
Counselling options
Looking after your mental health is crucial during separation. Services like Relationships Australia, Lifeline (13 11 14), and Beyond Blue offer counselling and support. Many offer specific programs for children experiencing family breakdown.
Specialist support services
If family violence is an issue, specialist services are available in all states and territories. These services can provide safety planning, counselling, and practical support.
Practical 30/60/90-day checklist
First 30 days
- Address immediate safety concerns
- Document the separation date
- Gather important documents
- Create temporary parenting arrangements
- Open a separate bank account
Next 30 days
During this period, focus on reviewing your financial situation, contacting Centrelink if needed, and considering mediation options. Update your address details with relevant organisations.
After 90 days
Begin formal property settlement discussions if appropriate, update legal documents, and establish more permanent parenting arrangements.
Frequently asked questions
Do I need a lawyer straight away?
While you don’t necessarily need a lawyer immediately, early legal advice helps you understand your rights and options. Many lawyers offer initial consultations at reduced rates.
Can I stay in the family home?
Either party can remain in the family home during separation. Without court orders, neither person can legally force the other to leave jointly owned property.
What records are most important to keep?
Financial documents, communication about children and property, and evidence of the separation date are particularly important to preserve.
Conclusion
Separation involves legal, financial, emotional, and practical challenges. Taking methodical first steps can help you manage this difficult time more effectively. Remember that each family’s situation is unique, and what works for others may not be right for you.
While this guide provides general information, it’s not a substitute for personalised advice. Pearsons Lawyers recommends seeking professional legal advice tailored to your specific circumstances. With the right support and information, you can move forward and make decisions that protect your interests and those of your children.
