Separation checklist: practical first steps in Australia

Start with safety and everyday essentials

First, identify what needs a decision this week: where you will stay, access to money for essentials, and any immediate arrangements for children. You can organise these practical matters while the longer-term property questions remain open.

If you feel unsafe or pressured, get individual support before trying a joint process. In immediate danger, call 000. 1800RESPECT offers support for domestic, family and sexual violence on 1800 737 732. Use a device you can access safely.

Source: 1800RESPECT: domestic, family and sexual violence support.

Gather a working set of documents

Start a list of what you have and what is missing. Use records you are entitled to access and store copies securely. A missing valuation can become a question to resolve; it does not need to stop you organising the rest.

Source: ASIC Moneysmart: separation financial checklist.

Make the day-to-day money visible

Create a short working budget with four columns: expense, amount, due date and who will pay for now. Keep a separate note of questions about joint accounts, credit facilities and insurance. An interim payment arrangement should not be confused with the final settlement.

Before changing access to joint money or stopping a payment, ask your bank and, where needed, a lawyer about your responsibilities. If repayments are becoming difficult, contact the lender’s hardship team early.

• What money will be available before the next pay day?
• Which payments come from a shared account?
• Which account or policy changes need agreement, bank action or legal advice?

Separate the home decision from the finance question

Write down the options you want to understand: one person keeps the home, the home is sold, or another arrangement is considered. For a buyout, list the estimated value, mortgage balance and proposed payment separately.

A broker can explore borrowing options. A family lawyer can advise about the settlement terms. A property agreement alone does not establish whether a lender will release a borrower.

For the broader decision, read who gets the house after separation.

Keep property, divorce and parenting on separate lists

Property settlement addresses assets and debts. Divorce ends a marriage. Parenting arrangements and child support involve separate questions. Progress with one does not automatically complete the others.

You can deal with property before divorce. Under the usual federal rules, property applications are generally due within 12 months after divorce becomes final, or two years after a de facto relationship breaks down. If a deadline may be close or has passed, get legal advice about your options.

Western Australia has its own court process and generally different legislation for de facto property matters. Check the applicable requirements rather than using a general checklist to decide your eligibility.

Source: FCFCOA: property, finances and time limits.

Source: Family Court of WA: applying for consent orders.

For parenting and other separation support, use Family Relationships Online. Split Ways’ consent-order service focuses on property.

Prepare for the next conversation

Make three short lists: what you agree on, what remains unresolved, and what needs professional input. Bring those lists to a lawyer, mediator or broker rather than expecting one conversation to resolve every issue.

Choose your next step