Five key things to consider before you separate

Separation can be a stressful and uncertain time and everyone around you can have words of advice as to what you should do and shouldn’t do, it can be overwhelming. To help you be prepared for the separation we have put together the following list of 5 key considerations. In addressing these considerations you will be well placed to then proceed with your separation.

1. Safety

Your safety and the safety of your children is always paramount. If you are experiencing family violence or are feeling unsafe, you will need to take steps to protect yourself and your children.

Emergency safe accommodation is available if this is necessary and the family violence response centre, Safe Steps, is able to help you. Safe Steps have a 24/7 Family Violence Response line, 1800 015 188.

https://www.safesteps.org.au/

2. Children

Separation does not change your role as parents. You and your former partner need to consider:

  • How will you tell your children about your separation in a way that will make them feel safe and secure?

  • Where the children will live and who will care for them at all times?

  • How your children will continue to attend extra-curricular activities and other important events?

  • How do you tell important people in your children’s lives about the separation, including extended family and their teacher?

  • How you will communicate with the other parent about the children?

3. Living Arrangements

After separation consider where everyone is going to live and with whom. Don’t forget family pets!

You can remain separated but still live under the same roof but whether this is going to work may depend on for how long and the level of tension between you.

If your financial situation allows for two homes, consider who is best to remain living in the family home for the time being.

4. Financial Information

Practical matters to consider regarding your financial position include:

  • Make a comprehensive list of your family’s financial position including all assets, liabilities, and super entitlements.

  • If you are not the legal owner of a property, seek legal advice and take steps to protect your interest.

  • Open your own bank account and consider redirecting your income to this account.

  • Close or restrict access to joint accounts, including credit cards and redraw facilities.

  • Change passwords/pin numbers for internet banking and social media accounts.

  • Change the name on utility accounts to the person continuing to use the service.

  • Contact Centrelink and child support to advise of your separation and confirm your entitlements.

  • Update your Will and nominated beneficiary on your superannuation account or life insurance policy.

5. Support

Your health and wellbeing are very important when going through a separation. Obtain support from trusted family and friends. Therapeutic assistance from a counsellor or psychologist can also be helpful.

Seeking legal advice early can also help you to understand your legal rights and obligations after a separation.

If you would like to speak to one of our specialist family lawyers further about arrangements for you and your family, please call (03) 9596 0222 for a 30-minute private and free discussion.

Author: Emily Gendall, Lawyer

Separation, life changes and decisions