Separation Checklist Australia:
Your Step by Step Action Plan
The first two weeks after separating are the ones people most often get wrong. Not because the law is complicated, but because nobody tells you what order to do things in. This checklist puts those steps in the right order.
- Urgent Safety Warning
If you are in immediate danger, call 000.
For domestic and family violence support and counselling, call 1800RESPECT on 1800 737 732, 24 hours a day. Do not wait to work through a checklist.
The First 48 Hours
Prioritise safety, then your separation date, then access to money. Everything else can wait a week.
- 1. Address any safety concerns
- If you or your children are at risk, a protection order can be applied for through your state or territory court.
- Change passwords on your phone, email, and social media.
- Turn off location tracking on your devices and apps (like Find My iPhone or Strava).
- 2. Record your separation date
Write it down today. This single date drives more than most people expect. It starts the 12 month clock for a divorce application and affects entitlements.
To make this date official, you just need to tell your ex-partner that the relationship is over. It helps to have this in writing (a text message or email is fine) so there is a record.
- 3. Secure access to money
- Open a new bank account in your sole name, with a bank your ex does not use.
- Redirect your pay into this new account.
- If you have joint credit cards or redraw facilities, contact the bank to lower limits or require dual signatures. This stops either person running up debt in joint names.
Do not empty joint bank accounts. Take only what you need for immediate living expenses (e.g., two weeks’ worth) and leave the rest until you have legal advice.
- 4. Copy the documents
You will need records of what you both own and owe. It is much easier to copy these now while you have access to the house or joint files.
Financial:
- Bank statements (all accounts, individual and joint)
- Superannuation statements
- Tax returns and Notice of Assessments (last 3 years)
- Payslips (last 3 months)
- Mortgage statements or loan documents
Legal:
- Marriage certificate
- Birth certificates (yours and children’s)
- Passports
- Wills and Enduring Powers of Attorney
Personal:
- Take your physical passport and birth certificate with you if you leave the house.
How Separation Actually Works
Separation and divorce are not the same thing
Many people wait to “get divorced” before sorting out money or kids. This is backwards.
- Separation happens the day the relationship ends. You can (and should) sort out your property and parenting arrangements immediately.
- Divorce is just the legal paperwork that officially ends a marriage. You cannot even apply for it until you have been separated for 12 months.
Separation under one roof
You can be legally separated while still living in the same house. This is common while people sort out their finances.
To prove you are separated while living together, you need to show your lives are disentangled. For example:
- Sleeping in separate rooms
- Cooking and washing for yourselves separately
- Separating your finances
- Not attending social events as a couple
Property and Finances
You need to figure out the asset pool. This is everything you own and owe, regardless of whose name it is in. It includes the house, cars, savings, superannuation, and debts.
Disclosure obligations
The law requires “full and frank disclosure”. You cannot hide assets, and neither can they. If you reach an agreement while hiding assets, that agreement can be thrown out by a court years later.
Superannuation is property
Superannuation can be split between you, just like cash in a bank account. A common mistake is to ignore super because it cannot be accessed until retirement. It must be included in your property settlement calculations.
How to formalise your agreement (The Options)
If you agree on how to split your assets, you have three options. Only two are legally binding.
Method
Legally Binding?
The Risk
Informal Agreement
(A chat, a text, or a handshake)
(A chat, a text, or a handshake)
No
Your ex can change their mind and ask for more money months or years later. Do not rely on this for property.
Consent Orders
(Filed with the Court)
(Filed with the Court)
Yes
The most common and secure method. The Court stamps your agreement to make it final. It also grants stamp duty exemptions if you are transferring a house.
Binding Financial Agreement
(A private contract)
(A private contract)
Yes
Does not go to Court, but both people must have independent legal advice for it to be valid.
Parenting Arrangements
2024 Reform Update:
The Family Law Act changed significantly in May 2024. The old assumption of “equal shared parental responsibility” is gone. The law now focuses purely on what is in the best interests of the child, particularly regarding safety.
Try to agree on immediate logistics quickly to provide stability for the kids:
- Where will they sleep on which nights?
- Who does school drop-offs and pick-ups?
- How will you communicate with each other about the kids (e.g., text, email, or a parenting app like OurFamilyWizard)?
- How will immediate expenses (school fees, medical) be paid?
Unlike property, parenting agreements are often kept informal via a Parenting Plan. However, if you need a legally binding arrangement, you use Consent Orders.
Administrative Updates: The First 30 Days
- Update your Will: Separation does not invalidate your Will. If you die before you are officially divorced, your ex-partner may still inherit your estate.
- Update Superannuation and Life Insurance Beneficiaries: Contact your fund and update your binding death benefit nominations.
- Notify Services Australia (Centrelink/Medicare): If you receive Family Tax Benefit or childcare subsidies, your payments will need to be recalculated based on your single income. You also need to separate your Medicare cards.
- Child Support: You can arrange child support privately, or apply for an assessment through Services Australia.
Time Limits That Catch People Out
- De Facto Couples: You have 2 years from the date of separation to apply to the Court for a property settlement.
- Married Couples: You have 1 year from the date your divorce becomes final to apply to the Court for a property settlement.
Do not wait for these deadlines.
It is almost always better to finalise property matters as soon as possible after separation.
Five Mistakes to Avoid
1. Leaving the house forever
Moving out doesn’t mean you lose your rights to the property, but it can complicate things and limit your access to belongings. Only leave if safety is an issue, or if you have had legal advice.
2. Venting on social media
Anything you write in emails, texts, or on Facebook can be used as evidence in family court. Assume a judge will read it.
3. Hiding assets
Transferring money to family members or hiding cash will be found out, and the Court penalises this heavily.
4. Using kids as messengers
Never ask children to pass messages or ask them questions about the other parent’s new life. Keep adult issues between adults.
5. Taking advice from friends
Every family law case is different. What happened in your neighbor’s divorce has zero bearing on yours. Rely on qualified advice.
When to Speak With a Family Lawyer
You do not need a lawyer on day one unless there are safety issues, risks of abduction, or assets are being drained. However, getting an initial consultation early (within the first month) is the smartest investment you can make. An initial consultation will tell you where you stand, what a likely settlement range looks like, and what traps to avoid. It stops you agreeing to things you shouldn’t.
Andrews Family Lawyers
We provide clear, strategic advice to help you navigate separation.
Downloads and Support
- Separation Checklist PDF
A printable version organized by timeframe:
- First 7 days: Safety, separation date, independent banking, passwords, document copies.
- First 30 days: Services Australia, insurance, will and power of attorney, superannuation nominations, interim parenting arrangements.
- First 90 days: Asset and liability schedule, disclosure, valuations, family dispute resolution, formalising agreement.
- Asset and Liability Worksheet
An editable schedule with fields for asset description, ownership, estimated value, supporting document, and notes. This is the document your lawyer or mediator will ask for first.
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Resources and Support
Disclaimer: This checklist is for general informational purposes only and does not constitute legal advice. Family law is complex and depends heavily on your specific circumstances. Always seek independent legal advice from a qualified family lawyer regarding your situation.