What Should You Do In The First 30 Days After Separation

Constantina Demetriou

Principal LawyerAitken PartnersView Profile

Nicole Brideson

Law GraduateAitken PartnersView Profile

Separating from your spouse or de facto partner can raise difficult questions about children, property, finances and what to do next. This practical guide explains the key steps to consider during the first 30 days after separation, including gathering important documents, protecting your personal information, reviewing joint finances and preparing for property settlement or parenting arrangements. It also explains why speaking with a family lawyer early can help you understand your options and feel better prepared for the decisions ahead.

Separating From Your Partner: What Now?

The first few weeks after separation can feel overwhelming. Alongside the emotional impact, there are often practical, financial and legal matters requiring attention.

While every separation is different, taking a few practical steps early can help you protect your personal information, understand your financial position and prepare for the decisions ahead.

If you have immediate concerns about your safety, family violence or the safety of your children, addressing those concerns should take priority. Otherwise, the following steps can provide a useful starting point.

Obtain Legal Advice Early

Obtaining tailored family law advice early can help you understand your position and avoid making decisions that may have unintended consequences. Our team of Family Lawyers offer free 30-minute consultations to help you orient yourself, consider what your legal position is, and outline realistic outcomes for your unique circumstances.

When thinking about leaving your spouse or de facto partner it is important to organise your affairs. In those crucial first 30-days the next steps are likely to be:

1. Gather your important documents;
2. Record the date of separation & important information; and
3. Organise how this change impacts other areas of your life.

Gather Your Documents

It is important that you collect your important documents, these include:

1. Passport, driver’s license, and other identity documents;
2. Marriage certificate;
3. Loan, credit card, mortgage, and other Bank statements;
4. Insurance policies (such as life, home, and motor vehicle) and Superannuation statements and details;
5. ATO documents; and
6. Share statements and Payslips.

Having these documents available can make it easier to obtain advice and deal with financial matters following separation. Keeping copies in a secure location may also save time later if documents become difficult to access.

Record the Date and Important Information

It is important to have clarity around when the relationship ends and what contributions have been made toward shared assets along the way. Key dates to make note of are:

1. The date of separation, when the relationship is officially over;
2. The date a party vacates the shared home; and
3. A list of jointly held assets including when and who made contributions toward those assets.

These dates have legal significance and can impact when you are eligible to take certain steps in the family law process. They also affect how the court assesses contributions made by the parties during the relationship and following separation.

See our article here which discusses these key timelines and waiting periods further.

Other Impacts to Consider and Prepare for

To be best prepared, it is important to address the following soon after separation to avoid further complications and difficulties arising:

1. Password protection;
2. Update your banking;
3. Update postal address and bills;
4. Update your estate planning documents; and
5. Review your superannuation and insurance details.

Password Protection

It is likely that the person you were sharing a life with had access or knew the passwords you kept for various accounts you may hold.

Think your MyGov, mobile plan, social media accounts, email account, streaming accounts, investment accounts, subscriptions, PayPal, AfterPay, SportsBet, the list goes on!

Change your passwords early to something difficult to guess and enable multi-factor authentication for accounts held solely in your name. This may prevent unwanted tampering or access to your sensitive information, protecting your privacy and account security.

If speaking to a lawyer via email, it is important your ex-partner cannot access the correspondence between your lawyer and you.

Banking

If you do not have one already, it may be beneficial to open a bank account in your sole name. For example, you may decide to have your salary paid into an account held solely in your name.

It is also important to review joint accounts, loans, and credit cards promptly, so that you understand the arrangements currently in place, and can obtain advice before making any significant changes.

Be cautious about making significant changes to jointly held funds, accounts or liabilities without first obtaining advice. Separating couples commonly need to address how property and debts will be dealt with, and the appropriate approach will depend on individual circumstances. The family courts recognise that property arrangements can deal with both assets and debts following separation.

Updating Your Address, Mail, and Bills

If you are the one who has vacated the home, don’t forget to redirect your mail!

Along with redirecting mail, you will need to update your address with relevant organisations such as VicRoads, MyGov, internet and utility providers, and Telco’s. If there are bills you are no longer responsible for, update the details to remove your name.

If you were renting, you may also need to remove your name or your ex-partner’s name from the rental agreement, speak to your rental provider or agent about these changes first. In most cases, if a name is still on the rental agreement, they are still responsible for paying rent. Different processes may apply depending on the circumstances, particularly where family violence is involved.

Estate Planning

Separation is also an appropriate time to review your estate planning documents.

If your ex-partner is appointed in your estate planning documents as your Personal or Financial Power of Attorney, Medical Treatment Decision Maker, and/or Executor or Trustee of your Estate you may wish to consider whether those appointments continue to reflect your intentions.

Rather than assuming existing arrangements automatically change following separation, obtain estate planning advice about whether your Will, powers of attorney and other appointments should be updated. Contact our compassionate and experienced Wills and Estates Team here at Aitken Partners to discuss your current circumstances, intentions, and wishes.

Superannuation & Insurance 

Did you know that superannuation does not immediately form part of your Estate when you pass away? But it may form part of the assets pool available for distribution upon separation!

Review your superannuation fund details, insurance held through superannuation and any existing death benefit nominations. Consider obtaining advice about whether your current arrangements remain appropriate following separation.

It is then important to seek legal advice to determine how your superannuation may be treated as part of any future property settlement. In the meantime, you can find out more via the Federal Court’s fact sheet on Family Law & Superannuation here.

What Comes Next?

You do not need to resolve every issue in the first 30 days after separation. The priority is to deal with urgent safety concerns, secure important information, understand your financial position and obtain advice before making significant decisions.

Separation is different for every family. Getting advice early can help you understand your position, identify the issues requiring immediate attention and develop a sensible plan for what comes next.

Whether you are considering separation or have already separated, Aitken Partners’ Family Law team can provide advice tailored to your circumstances and guide you through your next steps. Book a consult here, today or contact our team on 03 9600 6000.