When you’re already overwhelmed by the decision to separate from your spouse, figuring out what to do next can be daunting. The early stages of separation are often the most confusing, and despite knowing many others have faced the same situation, feelings of loneliness and self-doubt may be setting in. To help you navigate this challenging time, we’ve prepared a five-step checklist for those going through a separation.
Step One – Agree on a date
Agreeing on a specific date for your separation can streamline the process. This date is necessary for any claims you make to Centrelink, Medicare, child support, and property settlement.
Step Two – Don’t do anything drastic
Now is not the time for impulsive decisions, like booking a trip to the Maldives or neglecting bills. While emotions run high, maintaining stability in the household is important until you have a solid plan. You may consider staying in the house until you determine your next steps. For those with children, creating a parenting plan with minimal disruption to their lives is essential. Of course, if safety is a concern, prioritise it and seek legal advice immediately. Additionally, venting on social media can backfire legally, regardless of who is at fault, so try to stay clear of it.
Step Three – Sort out your finances
Gather all financial documents related to your assets and liabilities, including bank statements, credit card statements, loan and mortgage statements, and payslips. Download and save as much information as possible, as the more documentation you have, the better prepared you'll be. If you have a joint account or credit card, it may be in your interests to close it immediately to prevent either party from incurring additional debt that could complicate the separation process.
You may wish to open a new bank account in your name and ensure your salary is deposited there. This will give you full control over your finances. Additionally, create a budget to understand your new financial situation and plan accordingly. It might be beneficial to consult a financial advisor to help you navigate this transition.
Money matters can dominate a separation, so separating your finances and understanding them thoroughly will ease the process. Visit Services Australia to see what benefits you’re entitled to receive.
Step Four – Discuss divorce
Once a separation period of at least 12 months has been established, either spouse can apply for a divorce. Legal separation involves living apart without formally ending the marriage, allowing couples to negotiate property, financial, and parenting arrangements. During this period, you can draft a separation agreement outlining the division of assets, child custody arrangements, and other important matters.
After twelve months of legal separation, you can then apply for a divorce. Divorce is the formal legal process of ending a marriage and requires filing an application to the Court for a Divorce. While legal separation doesn’t require court proceedings, divorce does, and it can be a more complex process.
While not all situations allow for this, aiming for an amicable divorce can significantly ease the process. Consider mediation to resolve disputes and reach agreements without going to court. Mediation can be less combative and more collaborative, making it easier to negotiate terms that are acceptable to both parties.
Speak to your family lawyer about the specifics of your situation and what the divorce process will entail.
Step Five – Get legal advice
Separation is an emotionally challenging process that can bring out the worst in people. Consulting a family lawyer who listens and understands the legal system will alleviate some of your stress. An experienced lawyer will guide you through each step, ensuring you make informed decisions.
If you’re feeling overwhelmed and unsure where to start, you may wish to consider obtaining early legal advice before you take any of the above steps, which is why Eliza Legal offer a one-off Initial Consultation at a fixed fee so you can receive the support you need to take the next steps in your separation journey [something like this?].
Guiding you to a better future
Eliza Legal is a leading family law firm based on the Mornington Peninsula, dedicated to providing tailored legal services with compassion and integrity. Contact us today and let’s see if we’re a good fit! We’d love to help you.
