Separation Support

We know it can be hard to think about what to do when you're newly separated. To help we've put together this helpful step by step guide to help you navigate the way forward so you can separate well.

Step 1: You have decided to separate

• Inform each other of your intention to separate – diarise the date
• Talk to your friends and family when you are ready as their support will be helpful
• Factsheet: Separation Checklist

Step 2: Seek emotional support 

It is so important that you allow yourself time to grieve. You also need to consider how to talk to your children about what has happened. We strongly recommend you seek help to you navigate this time as you don't need to do this alone.

Options include:

• Counselling - specialist relationship counselling is available through Interrelate
• Psychological Support is also available at Interrelate through I relate. Health

Step 3: Seek legal support

It is strongly recommended that you get legal advice early to help you prepare so that you are on the right path for you.

• Find out more about us: Book a Free 30 minute Discovery Call
• Get legal advice now: Book an Initial Consultation

Step 4: Begin to think about what arrangements will need to be made

There are many joint decisions that need made following a separation, including how to ensure the ongoing support of your children and the separation of joint assets such as property.

• How do we deal with our assets together? Factsheet: Understanding Property Settlement
• What about the children and living arrangements? Factsheet: Parenting Post Separation
• What about money day to day? Factsheet: Understanding Child Support and Services Australia website

Step 5: Reaching an agreement

For some it is possible to make decisions without the need for additional support. However, for many, if you are unable to make these decisions on your own there are several options available to support you throughout this process.

• Fact Sheet: Resolving Disputes Post Separation

Once you have reached an agreement you should legally document your agreement to avoid disputes in future. Consent orders are issued by the Court and is the most secure and enforceable document that will help provide reassurance moving forward. You can also ask your solicitor about other options such as a legally binding private agreement.

For parenting arrangements make a flexible Parenting Plan that you can change later especially if your children are young. Seek help if you are unsure. Ask your solicitor for consent orders to cover your parenting arrangements so that it is legally enforceable.

For property settlement legally document your agreement first before taking steps to complete settlement otherwise either of you can make further claims in the future or with a change of mind.

For taxation issues seek financial advice about any potential consequences and superannuation. Ask about the formal documents needed to entangle any joint financial arrangements. We strongly recommend you get your paperwork in order.

Need further help?

It can be very helpful to start a formal Dispute Resolution process to help you negotiate an agreement.

• Factsheet: Understanding Dispute Resolution
• Interrelate offer support for Family Dispute Resolution. You can learn more about the process here. 

Do seek help from an experienced family lawyer about your rights and options including court.

• Find out more about us: Book a Free 30 minute Discovery Call
• Get legal advice now: Book an Initial Consultation

If you are worried about legal fees we are an accredited law firm with JustFund who may be able to help you with your legal fees. You may also be eligible to apply for a grant of legal aid

• JustFund
• Legal Aid NSW