​​What you should do:

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1. Note down your date of separation.

This is crucial as it is the calculation of time limits that you have to bring on a property settlement claim and/or make a divorce application if you are married. 

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2. Change your pins and passwords.

It is very important to change all your passwords, including those of bank accounts, online banking, email accounts, social media and cloud accounts. You must also switch off all tracking tools and apps such as Google+ so that your former partner cannot track you. For example "track my iPhone" using different platforms such as Android device manager and iCloud. 

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3. Stay home.

It is preferable to stay home unless there is a risk of family or domestic violence, at least for in the short term as if you decide to leave, your former partner may not allow you access back in unless you have their consent. If your name is on the mortgage, you will still need to continue paying, even though you are not living in the property, until a property settlement takes place. This could mean that you are also paying for rent somewhere else. 

If you decide to leave, make sure that you take all you belongings with you. This includes your personal items, such as you and your passport, your marriage and birth certificates, any financial documents of the relationship and if you have children their passports and birth certificates also. ​

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4. If you have children, make arrangements for them.

You must make sure that you arrange where the children will live and how much time they will spend with you and your former partner. This should focus on your children's best interests and what is age and development appropriate for them. If you cannot decide how the parenting arrangements will work, then you must try family mediation before applying to the Court for parenting orders. ​

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Child Support -

This is the money that a parent pays towards a child's upbringing, even if they don't see them. If you cannot agree on an amount to be paid, you can apply for a child support assessment through Services Australia. This type of assessment takes into consideration both parents income, how many children and their ages, how often the children sleep over and if there are any other children in you care. Statutory child support is the minimum amount paid towards a child's upbringing. 

Child support generally covers expenses such as food, clothing, shelter, school fees and transport.   

Child support does not usually include extra curricular activities, private education and personal items such as electronic devices, toys and books.

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5. Organise your Finances - 

- Gather as much information as possible about your financial information, including assets, liabilities and financial resources for both yourself and your your former partner. This will give you an idea of what the property pool looks like when you come to do a property settlement. 

- Close any joint accounts and credit cards so that one party does not draw excess or all the funds out. 

- Cancel redraw options so that a party cannot redraw funds against the mortgage.

- Open a bank account in your name solely and provide this to your employer if you are working. 

- Come to an agreement on who will pay the mortgage. Most banks will allow a suspension for financial hardship until a property settlement takes place. Usually the person who is in possession of the house will pay the mortgage. 

- Contact Centrelink and determine whether you are entitled to any benefits due to a change in relationship status. 

 

Remove any joint tenancy-

If you and your former partner own property jointly, then that share will automatically pass to your former partner. You need to amend this to 'tenants in common' as opposed to 'joint tenants'. Speak to a conveyancing lawyer regarding this.

 

Review or make your Will - 

- If you are married, your Will remains valid unless you obtain a divorce order. 

If you were in a de facto relationship, separation does not effect your Will. 

To make sure that your estate goes to who you wish, make or change a Will, speak to one of our Estate Lawyers today. 

 

Get legal advice early - 

Obtaining legal advice from an experienced family lawyer is important as every situation and individuals circumstances are different. The earlier you obtain legal advice, the less stressful, generally less expensive and quicker you can move on. 

 

Speak to one of our Family Separation Lawyers today. 

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