Separation

If you are considering separating or have separated already, knowing where to find information and support can be difficult. When your marriage or
de facto relationship ends, you may find yourself in a confusing maze of legal jargon, rules and procedures.It is always important to get legal information and advice when separating. It can assist you in making decisions and inform you of your legal position, rights and obligations.

When you separate it is best to seek legal advice as soon as possible, particularly if there is a risk of harm to you or your children.

Even if you and your partner can talk together and reach agreement, it is useful to know what you are legally entitled to and where you stand legally before committing yourself to anything. If you have prepared a written agreement, you should obtain legal advice if you want to make the agreement legally enforceable.

You may find that after you have received initial legal advice you need us to help you in the longer term. You may need us to negotiate with your partner or ex-partner on your behalf or make an application to the court.

Your legal costs will depend on the amount and type of work we have to do and whether you are entitled to legal aid. Legal Aid has funding guidelines and uses a “means” test and “merits” test to determine if legal aid will be granted.

We offer a special deal for the first appointment. It is free for the first 20 minutes.

Helpful tips

Before you separate, make sure you obtain possession of the following:

♦	Your current Australian passport and the passports of your children
♦	Your birth certificate and the birth certificates for your children
♦	Bank books, statements and cards including those for joint accounts
♦	Driver’s licence (showing a current address)
♦	Car registration papers (showing a current address)
♦	Credit Cards (showing name and signature of card holder)
♦	Marriage Certificate
♦	Health Care Cards
♦	Citizenship papers
♦	Title Deeds to any property
♦	Tax File Number
♦	Documents related to both business and personal finances and any assets or liabilities held in either your name or your spouse
♦	Your Will
♦	Any available cash
♦	Car and house keys
♦ ♦	Your address book Login details and passcodes for access to any information available online
♦	Jewellery and valuables
♦	Personal items such as items of sentimental value
♦	The children’s special possessions

After you separate, make sure that you consider the following:

♦	Review your estate planning with a solicitor e.g. make a new will and enduring power of attorney
♦	Obtain legal advice on severing any joint tenancy should you jointly own property
♦ ♦	Obtain legal advice about caveating any real property not in your name or obtain restraining orders or injunctive relief to prevent any dealings with the property adverse to your interests Obtain legal advice about registering charges on the Personal Properties and Security Register to prevent any dealings with personal property adverse to your interests
♦	Cancel secondary card holder’s access to your credit cards
♦	Ensure that joint signatory bank accounts require dual signatures to draw down on funds in the account
♦	Change the locks if you continue to reside in jointly owned property

Separation

Helpful Tips