BrittanySeparation is a challenging time filled with emotional upheaval and practical considerations. Taking the right steps early can help protect your interests and create stability during this difficult period. Whether you’re concerned about children, finances, or your immediate wellbeing, seeking expert guidance is essential. Pearsons Lawyers Doncaster recommends focusing on safety, establishing key dates, and gathering important documents as immediate priorities.
Key Takeaways
- Prioritise personal safety and wellbeing of all family members
- Document your separation date and understand legal timeframes
- Protect your financial position by gathering documents and updating access details
- Create temporary arrangements for children that provide stability
- Seek professional advice early to understand your rights and options
Immediate safety and wellbeing
Check personal and family safety
If you’re in immediate danger, contact emergency services on 000. For ongoing safety concerns, state-based safety orders like Apprehended Violence Orders (AVOs) or Family Violence Intervention Orders can provide legal protection. Local police stations can guide you through the application process.
Access emotional and practical support
During separation, emotional support is just as important as legal advice. Contact national helplines like Lifeline (13 11 14) or beyondblue (1300 22 4636) for immediate support. Local family services can provide ongoing counselling and practical assistance tailored to your situation.
Child protection and urgent steps for children
If you have concerns about your children’s safety, contact child protection services in your state. In the meantime, establish temporary arrangements that prioritise their wellbeing and maintain familiar routines where possible.
Recording separation details
Record the separation date in writing
The date of separation is legally significant – document it by email or text message to your former partner or in a dated journal entry. This establishes the starting point for various legal timeframes.
“The separation date becomes your legal anchor point for divorce applications, property settlements, and financial matters. Having clear documentation of this date can save significant stress later in the process.” – Pearsons Lawyers
Key timeframes in Australian family law
For married couples, you must be separated for at least 12 months before applying for divorce. Property settlement applications should be made within 12 months of divorce finalisation. De facto couples typically have two years from separation to make property claims, though state-specific rules may apply.
Family Dispute Resolution requirements
Before taking parenting matters to court, most people must attempt Family Dispute Resolution (mediation). Exceptions exist for cases involving family violence, child abuse, or urgent circumstances.
Early legal guidance
What to bring to an initial legal appointment
Prepare for your first legal consultation by gathering recent financial statements, property documents, any relevant communications, and a list of assets and liabilities. This helps your lawyer provide accurate advice specific to your situation.
Options for legal help
Legal support comes in various forms – private family lawyers, Legal Aid services, community legal centres, and pro bono clinics. Research options within your budget and location to find appropriate assistance.
Financial protection steps
Create a clear inventory of assets and liabilities
Document all joint and individual assets, including properties, vehicles, bank accounts, investments, superannuation, and debts. This creates a baseline for future property settlements and helps identify priorities.
Protect access to finances and records
Change passwords for online banking and financial accounts. Consider opening an individual account for your income. Obtain copies of important financial statements and tax returns before they become difficult to access.
Government support and child support
Contact Services Australia to understand available support and update your circumstances. Child support assessments can be arranged through the Child Support Agency, providing financial assistance for children’s needs.
Children and parenting arrangements
Communicating with children
Explain the separation to children in age-appropriate language, emphasising that both parents still love them. Maintain routines, shield them from conflict, and present a united message about their care where possible.
Parenting plans versus court orders
A written parenting plan offers flexibility but isn’t legally enforceable. Court orders provide legal certainty but require more formal processes. Consider starting with a parenting plan that can later be formalised if needed.
Practical updates
Inform schools, medical providers, and other relevant parties about changed living arrangements. Update emergency contacts and clarify who can make decisions regarding the children.
Practical administrative tasks
Create a checklist covering immediate practical matters:
- Change locks if safety is a concern (within legal parameters)
- Update utility accounts and redirect mail
- Review joint subscriptions and memberships
- Update vehicle registration and insurance details
- Document all shared household items with photographs
- Establish temporary arrangements for pets
Future planning considerations
Update wills and estate planning
Separation doesn’t automatically change your will or superannuation beneficiaries. Update these documents promptly to reflect your current wishes and circumstances.
Tax implications
Consult an accountant about potential capital gains tax or other tax implications before transferring or selling major assets. Some exemptions exist for property transfers due to relationship breakdowns.
Building your support team
Selecting the right professionals
When choosing family lawyers, mediators, or financial advisers, look for experience in family law matters, clear communication styles, and transparent fee structures. Ask about their approach to negotiation and conflict resolution.
Free and low-cost services
Don’t overlook valuable resources like Legal Aid, family relationship centres, and financial counselling services, which can provide quality support at reduced or no cost.
Conclusion
Taking methodical, informed steps during separation helps protect your rights and wellbeing while setting the foundation for fair outcomes. Start by addressing safety concerns, documenting key dates, gathering financial information, and establishing temporary arrangements for children. Then move toward more formal negotiations with appropriate professional support. Pearsons Lawyers recommends seeking tailored legal advice early in your separation journey to understand your specific rights and options under Australian family law.
