The breakdown of a relationship, whether by choice or circumstance, can be challenging. In Australia, the Family Law Act 1975 provides the legal framework for dealing with issues that may arise after separation, including divorce, property settlement, parenting arrangements, and financial matters.
While legal advice is important, there are also many practical steps that need to be considered when separating from a partner. Organising your living arrangements, finances, children’s needs, and important documents can help create stability during this period.
This guide outlines some of the key things to consider after separation. The information provided is general only and is not a substitute for legal advice tailored to your circumstances.
1. Arrange Your Living Arrangements
One of the first practical decisions after separation is determining where each person will live. This decision may depend on factors such as your financial position, employment, children’s schooling, and available support networks.
- Decide who will remain in the family home: Consider whether one person will stay in the property or whether alternative accommodation arrangements are required.
- Update rental or mortgage arrangements: If you are renting, notify your landlord or property manager and consider whether the lease needs to be updated. If you have a mortgage, contact your lender to discuss your circumstances and ongoing repayments.
- Consider your future housing needs: If you are moving out, explore accommodation options that are realistic based on your income and expenses.
- Update your address: Notify relevant organisations of any change of address and consider using a private mailing address if required.
2. Consider Arrangements for Children
If you have children, their wellbeing and stability should remain a priority during separation.
Parents are encouraged to focus on arrangements that are in the best interests of the child. This may include considering their relationship with each parent, their safety, schooling, routines, and emotional wellbeing.
Family law does not require every family to follow the same parenting arrangement. The most appropriate arrangement will depend on the individual circumstances of the children and family.
Practical steps may include:
- Maintaining consistent school and childcare arrangements where possible.
- Discussing temporary parenting arrangements while longer-term decisions are being made.
- Informing schools and childcare providers about relevant changes so they can provide appropriate support.
- Creating a clear plan for school pickups, extracurricular activities, holidays, and important events.
If parents cannot agree on parenting arrangements, family dispute resolution may assist before applying to the Court in many circumstances. More information is available through Family Relationships Online.
You can also read more about our family law services.
3. Review Your Banking and Finances
Separating finances is an important step after relationship breakdown. It is recommended that you understand your current financial position and take steps to protect your financial independence.
- Review joint accounts: Speak with your bank about joint accounts, mortgages, loans, credit cards, and other financial commitments.
- Open separate accounts: Consider opening a personal bank account if you do not already have one.
- Update passwords: Change passwords for online banking, email, social media, and other important accounts.
- Review automatic payments: Check direct debits, subscriptions, and ongoing financial commitments.
If you have children, you may also need to consider child support arrangements. Information about child support services is available through Services Australia.
4. Gather Important Documents and Financial Records
Keeping accurate records after separation can make future discussions about finances and property much easier.
Important documents may include:
- Birth certificates and passports.
- Marriage certificates.
- Bank statements and tax records.
- Superannuation information.
- Mortgage documents and property records.
- Insurance policies.
- Information about investments, shares, businesses, or trusts.
You should also prepare a list of assets, liabilities, and financial accounts. Property settlement matters require parties to provide relevant financial information and documents as part of their duty of disclosure.
5. Understand Property Settlement After Separation
Separation does not automatically divide your property, finances, or superannuation. These matters usually need to be resolved through agreement or, if required, through the family law courts.
A property settlement may involve:
- The family home and other real estate.
- Bank accounts and savings.
- Superannuation.
- Vehicles and other valuable assets.
- Business interests, trusts, or investments.
- Debts and financial liabilities.
Since 10 June 2025, changes to the Family Law Act 1975 have clarified how courts approach property matters, including the relevance of family violence and economic or financial abuse where applicable.
6. Protect Your Personal Information and Safety
If your separation involves conflict, controlling behaviour, or family violence, it is important to prioritise your safety and seek appropriate support.
Steps you may consider include:
- Keeping important documents somewhere secure.
- Updating passwords and privacy settings.
- Seeking legal advice about your options.
- Contacting support services if you feel unsafe.
If you are experiencing family violence or need immediate support, contact 1800RESPECT or call emergency services on 000.
7. Look After Your Wellbeing
Separation can be emotionally difficult, and having support can make the process easier to manage.
Consider reaching out to:
- Trusted friends and family members.
- Counsellors or mental health professionals.
- Support services such as Family Relationships Online.
Building a support network can help you manage both the practical and emotional challenges of separation.
8. Review Your Will and Estate Planning Documents
After separation, it is important to review your estate planning arrangements.
You may wish to consider updating:
- Your Will.
- Your power of attorney.
- Your appointment of enduring guardian documents.
- Your superannuation and life insurance beneficiary nominations.
Separation does not automatically update these documents, so obtaining legal advice can help ensure your wishes are properly reflected.
Read more about our Wills and Estates services.
Moving Forward After Separation
Separation involves both practical and legal decisions. Taking steps early to organise your finances, understand your rights, and obtain advice can help you move forward with greater certainty.
Every separation is different, and the best approach will depend on your personal circumstances, including your finances, children, and future goals.
Need Advice About Separation?
If you need advice about separation, parenting arrangements, property settlement, or other family law matters, our experienced family lawyers can provide practical guidance tailored to your situation.
Contact Somerville Laundry Lomax for a confidential discussion. Call 02 6621 2481 or email [email protected].
This article provides general information only and is not intended as legal advice. You should seek professional advice relevant to your circumstances.