1. Seek Support
Reach out to a counsellor or support service to assist with the grief and loss. Even if you are the person leaving, separating will entail a lot of changes and consequences. It is important to have a support network to help you understand and deal with the process.
2. Change all larger joint financial accounts.
Change all larger joint financial account to operate under a ‘both to sign’ rule. Including the joint mortgage account, joint offset account or joint term deposit account. If you have a joint savings account from which regular joint direct debits are paid, you should leave this in place to ensure the timely payment of these bills.
3. Prepare a safety plan.
A separation can get heated and if it does, you should arrange a safety plan. This might look like, removing yourself from an escalating situation, getting out of the way before an argument arises, or having a safe contact you can call when you think your safety may be jeopardised.
4. Secure and make copies of secure documents.
Ensure you have the original or at least certified copies of key documents including your marriage certificate, financial documents, the children’s birth certificates, passports, animal registrations, car registrations, insurance documents etc. AND if safe to do, obtain copies of the other parties’ key documents, such as superannuation statements, tax returns and financial statements for their bank accounts.
5. Set up a new email address with a new password.
As we move into a more tech ruled world, a lot of important correspondence is sent via email. Ensure that you have set up a new account which your former partner cannot access. This will also ensure that any family law correspondence can be sent and viewed confidentially.
6. Avoid using shared electronic devices and ‘remember my password’ apps.
If you used certain passwords during the relationship, you should change these and the way in which you formulate passwords, to limit the opportunity for the other party to access information that you would prefer to keep confidential.
7. Turn off location tracking.
Many electronic devices and/or applications provide an opportunity to share your location with others. If you are concerned about being stalked by a former partner you should disable any electronic apps that track your location or which can be used to find your device. You may also need to turn off any ‘family sharing’ apps.
8. Take photos of each room and the furniture or furnishings.
If you are leaving the home, ensure that you take photos of each room and the furniture or furnishings, as a record in readiness for dividing up goods and chattels as part of your property division.
9. Secure your sentimental belongings.
If you have any family heirlooms, baby photos, jewellery etc. ensure that you take these or keep a record of what you have left behind.
10. Apply for a Medicare Card in your own name.
Update your GP and any other organisations about your new contact details and change your Emergency Contacts with your workplace, your children’s schools and with your GP.
11. Open a bank account in your name.
If you only have a joint bank account with the other party, it may be a good time to open a bank account in your sole name. However, it is important that if you do have a joint bank account with the other party with shared expenses, that you keep and maintain sufficient funds in the joint bank account to cover such expenses, until such time that an agreement is reached between you two.
12. Refrain from disposing of assets.
Unless agreed or conducted in a transparent way, for real market value, do not dispose of assets. If disposing of assets, ensure that a record of all documentation is kept.
14. Enrol in and complete a Parenting After Separation course.
Enrol in and complete a Parenting After Separation course to help you begin to forge a collaborative and child-focused parenting relationship with your ex-partner for the sake of your kids.
15. Get Legal Advice in a timely manner.
Under the Family Law Act (1975), there are time limits that prevent a party from applying for Property Orders after a certain amount of time has passed. Whilst you may not wish to go to court, it is important that you seek legal advice and ensure you are fully aware of your rights and obligations when separating.
If you or loved one is separating, feel free to call The Law Office of Conrad Curry on (02) 4050 0330 to arrange an initial appointment to get timely, trusted and effective family law advice.
