Separation and Divorce Made Simple

Breaking up is never easy. Whether you’re in the middle of a separation or considering separating, it’s understandable to feel overwhelmed and unsure about what to do next. This is often a huge life change, but with the right tools, advice and support, you can tackle it with confidence and clarity.

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No two families are the same, and every separation comes with its own challenges. That’s why we’ve put together these practical tips to help you get organised, protect yourself, and take steps towards a smoother transition.

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1. Get Legal Advice Early

If you're considering separation or have already taken that step, speaking to a family lawyer straight away can be a game-changer. Seeking invaluable advice will help you understand your rights and guide you through key decisions regarding your property and parenting matters. Professional advice gives you clarity, making the process less stressful and helping you move forward with confidence.

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2. Update your Will and Other Legal Documents

Did you know that separating doesn’t automatically update your Will, Powers of Attorney, or Binding Superannuation nominations? If you don’t make changes, your ex-partner could inherit your assets if something happens to you, even if that’s not your wishes. Sorting out these documents should be a priority to make sure your wishes are followed and your hard work protected.

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3. Take Control of your Finances

Separation often has a big financial impact, so planning ahead is essential.

• Consider whether you need extra funds to support yourself during the transition, especially if you're making big changes like moving house, and safe ways to keep those extra funds.

• If you share joint accounts, redraw facilities, or offset accounts, talk to your bank about requiring two signatures to help safeguard funds.

• If you do not know what assets, accounts or debts exist, start to find out.

• Check out the MyGov Separated Parents page for advice on how separation might affect Centrelink payments and how to access financial support.

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4. Gather your Important Documents and Belongings

Before emotions run high, collect key items like passports, birth certificates, sentimental belongings, and anything you’d struggle to replace. Disagreements over these items can cause unnecessary stress and legal expenses. You’ll thank your future self for staying ahead of the curve.

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5. Protect Your Wellbeing

Separating isn’t just about paperwork, it takes a toll emotionally too. Make time to look after yourself and seek counselling or advice if you’re finding it hard to cope. Your health is just as important as the practical steps, especially if you have children who need your support during this time.

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6. Update Your Passwords

Trust can sometimes get strained during a separation, so updating your passwords for accounts like banking, email and social media is a wise move. Tightening your digital security can prevent any issues while things are being sorted out.

If safety is a concern, contact the police for advice as soon as possible.

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7. Mediation Can Work Wonders

Struggling to reach an agreement with your ex-partner? Mediation is a great option to help you work through property and parenting matters without the costs and stress of going to Court. While mediation agreements aren’t automatically legally binding, they’re a helpful first step and our lawyers can assist in formalising any agreements reached.

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8. Keep Good Notes and Communicate with Kindness

Everyone feels the pressure during a separation, but keeping cool and staying organised can really pay off.

• Keep a diary of important events, dates, and interactions. This can be invaluable if disagreements arise later and you need to produce evidence.

• Communicate in writing where possible, and be respectful and courteous. Anything you say or post online could impact you down the track, so think twice before sending that heated message or sharing something on social media. If you find it difficult to not send a message, give yourself at least 24 hours to re-consider your words before hitting send.

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9. Focus on Co-Parenting if Kids are Involved

If you have children, their best interests and wellbeing should be front and centre.

Co-parenting can be tricky, and enrolling in a post-separation parenting course is a fantastic way to start things off on the right foot. These courses can help you develop healthier communication and ensure your children’s best interests are prioritised.

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Separation may be tough, but by prioritising yourself, getting legal advice, staying organised, and reaching out for professional support, you can make this transition smoother. Taking proactive steps early will help you navigate this process and focus on building a positive future for you and your family.

At Wakefield Lawyers, our experienced family law team is here to help. If you have questions about parenting, property, divorce, child support, or anything related to your separation, don’t hesitate to reach out. Contact us today or book an appointment online. We’re here to support you every step of the way.

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Disclaimer: The information in this post is general in nature. This does not constitute legal advice and should not be relied on as such. Please contact one of our Lawyers if you are seeking advice about a specific legal matter.

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