The breakdown of a relationship, whether by choice or circumstance, can be complex and challenging. In Australia, the Family Law Act 1975 sets out the legal framework for divorce, the division of property and parenting arrangements after a relationship breaks down. An experienced family lawyer can provide valuable legal advice and guidance when it comes to navigating these laws.
Family law matters are not just legal problems, in addition to navigating the law and the emotional aftermath, addressing the practical side of separation can be equally important to transition into your new phase of life. There are a host of considerations, many of which will need immediate attention. Following are some typical practical matters that may need to be dealt with.
Living Arrangements
- Accommodation and housing will naturally be a concern. You’ll need to decide who stays and who leaves the family home which might be influenced by employment needs, children’s schooling, and nearby family support.
- If you are renting, decide who will stay in the current home, notify your landlord and have the rental agreement updated. If you have a mortgage, inform your bank of your separation and any decisions made regarding mortgage responsibilities.
- If you are moving out, you will need to explore housing options that fit your budget and lifestyle, which can be particularly difficult in the current market. Ask friends and family for referrals and support.
- If you are relocating, make sure you change your address with various organisations, and for added security, you may want to consider renting a post office box.
Children and Schooling
- For families with children, their well-being and continuity in learning and development are paramount. Keep your children’s best interests in mind – try to put differences aside to work out arrangements that will cause them the least disruption and, where possible, foster a meaningful relationship with both parents.
- If you can, establish a temporary agreement as a starting point, which can lead to a more formal arrangement later. Maintaining consistency is likely desirable in most cases. If possible, stick to your children’s current schooling and childcare arrangements to maintain stability in their lives.
- Meet with school and childcare administrators to inform them about the separation and keep them notified of any changes so they are aware of the situation and can help. Schools often offer support and resources to help children cope with the change.
- Coordinate with your ex-partner to work out a plan for childcare/school pickups, extracurricular activities, and parent-teacher meetings. Consistency and cooperation in these areas can significantly reduce stress for children.
Banking and Accounts
- Contact your bank to discuss your mortgage, joint loans, savings accounts, credit cards, and every other aspect of your banking. You will likely want to open a separate savings account and close or put a hold on credit card facilities, lines of credit, etc. Major banks generally have online resources and checklists to help those who have separated to work through their banking needs.
- Protect and help safeguard your privacy by updating passwords and login details for online banking accounts, email, social media platforms, etc.
Property and Record Keeping
- Secure your personal documents and items. Ensure you have all necessary identification, financial records, and personal valuables in a safe place. Obtain originals or copies of important documents like passports, marriage certificates, birth certificates and insurance policies.
- Ensure that your property (your home, other real estate, motor vehicles, boats, etc.) remains insured. Failing to retain insurance, should the unforeseen happen, can have devastating financial effects. Work out with your ex-partner who is paying for what and keep accurate records.
- Prepare a list of assets and liabilities (and account balances as of the date of separation). Property, shares, investments, bank accounts, superannuation, mortgages, loans, and credit card accounts will all be relevant when it comes to finalising your property.
- Document your agreed date of separation and keep a journal to record other significant events and timelines. This is important information when it comes to applying for a divorce and determining deadlines for filing court proceedings, if this becomes necessary later.
Support and Assistance
- Contact the Department of Human Services to learn about child support and whether you are entitled to financial assistance.
- Create a trusted support network and enlist help from friends and family as well as professional counselling or therapy, if needed. Family Relationships online – https://www.familyrelationships.gov.au/ provides various resources and information to help families and relationships.
- Lean on your support network. Friends, family, support groups, and professional counselling can provide the emotional support needed during this challenging time. Remember, it’s okay to ask for help, and reaching out for professional guidance is a prudent way to navigate the complexities of separation.
- If you have concerns about family violence, various Government agencies may be able to offer help and support. See the list of Government centres at the end of this article.
Moving Forward
Don’t put off getting quality legal and financial advice from qualified professionals.
Consider making or updating your Will and other documents such as a power of attorney. You should also review your superannuation and life insurance policy, as relevant, as you may wish to make changes to the beneficiaries. Your lawyer can provide guidance and advice in these important estate planning areas.
Separation demands both emotional and practical resilience and working out some of the preliminary steps to take after a relationship breaks down can be difficult when you are emotionally charged. Fortunately, there are resources available to help you navigate these difficult times. We understand the sensitivity and intricacies inherent in family law matters – the legal and the practical issues – and our goal is to provide comprehensive support and guidance to all our clients.
This is general information only and you should obtain professional advice relevant to your circumstances. If you or someone you know wants more information or needs help or advice, please call 03 94595764 or email [email protected].
Family Violence Government Centres
Safe Steps
Victoria’s 24/7 family violence response centre for confidential crisis support, information and accommodation.
- Email: [email protected]
- Safe Steps(opens in a new window) with web chat support service(opens in a new window) available 9am to midnight, Monday to Friday
The Orange Door
The Orange Door provides help and support for family violence, as well to as families in need of support with the wellbeing and development of children.
- The Orange Door helps you find help and support near you.
Sexual Assault Crisis Line
Crisis counselling service for people who have experienced both past and recent sexual assault.
- Phone: 1800 806 292(opens in a new window) (24 hours a day, 7 days a week)
Men’s Referral Service
Free, confidential expert support for people at risk of using family violence.
- Phone: 1300 766 491(opens in a new window) (8am to 9pm, Monday to Friday and 9am to 5pm, Saturday and Sunday)
Victims of Crime Helpline
Information and support for adult male victims of family violence and victims of violent crime.
- Phone: 1800 819 817 or text 0427 767 891 (8am to 11pm every day)
Child protection
To report children and young people whose safety is at risk.
- During business hours call (check the Child protection contacts page(opens in a new window) for the areas covered)
- North Division intake: 1300 664 977
- South Division intake: 1300 655 795
- East Division intake: 1300 360 391
- West Division intake – metropolitan: 1300 664 977
- West Division intake – rural and regional: 1800 075 599
- After-hours call 13 12 78 (5pm to 9am, Monday to Friday, 24 hours on weekends and public holidays)
Kids Helpline
Private and confidential 24/7 phone and online counselling service for young people aged 5 to 25.
- Phone: 1800 55 1800 (24 hours a day, 7 days a week)
Rainbow Door
Rainbow Door provides free specialist advice to LGBTIQ+ people and their friends and families.
- Phone: 1800 729 367 or text 0480 017 246 (10am to 5pm, 7 days a week)
- Email: [email protected]
See more - Family violence support for LGBTIQ+ communities
InTouch – Multicultural Centre Against Family Violence
Free and confidential support services for migrant and refugee women.
- Phone: 1800 755 988 (9am to 5pm, Monday to Friday)
Seniors Rights Victoria
Free and confidential support services to support older Victorians experiencing abuse.
- Phone: 1300 368 821 (10am to 5pm, Monday to Friday)
Men’s Line Australia
Telephone and online counselling service for men with emotional health and relationship concerns.
- Phone: 1300 78 99 78 (24 hours a day, 7 days a week)
Victorian Aboriginal Child Care Agency (VACCA)
Statewide support service for Aboriginal children and families
- Phone: (03) 9287 8800 (9am to 5pm, Monday to Friday)
- Visit: VACCA
Djirra
Telephone counselling service for Aboriginal people who are experiencing or have experienced family violence.
- Phone: 1800 105 303 (9am to 5pm, Monday to Friday)
- Visit: Djirra
Yarning SafeNStrong
Telephone crisis line for Aboriginal people and families who need to have a yarn with someone about their wellbeing.
- Phone: 1800 959 563 (24 hours a day, 7 days a week)
- Visit: Yarning
Dardi Munwurro’s Brother to Brother
Telephone crisis support for Aboriginal men with family violence issues.
- Phone: 1800 435 799 (24 hours a day, 7 days a week)
- Visit: Dardi Munwurro
Alcohol and Drug Foundation – Help and Support Services. Tel. 1300 85 85 85.