Even if you expect your separation to be amicable, it’s still a good idea to make sure you have all your ‘ducks in a row’ – before you separate. Here’s the top 10 things you should do before you separate.
1. If you’re concerned about your safety – get a Safety Plan in place
If you’re considering separating from your partner and worried about your safety (even just a little bit) getting a Safety Plan in place needs to be your first priority.
While the idea of putting one together can be overwhelming, there are plenty of people and organisations that are there to help and advise you. These include your local police, domestic violence counselling services, personal counsellors, a trusted family lawyer and family and friends.
2. Change and protect your passwords
Even if you expect your separation to be amicable, it’s important to protect your privacy. You want to make sure that your partner can’t access your email, social media accounts or documents. Changing passwords on these accounts and any online cloud storage accounts, along with personal computers, tablets and your phone only takes a few minutes and is well worth doing.
3. Consider personal counselling
The very idea of separation can be daunting and unsettling. For many people facing separation (or just thinking about it) personal counselling can be incredibly valuable in helping and supporting them through the process – from working out whether or not to separate, to following through and coming out the other side.
4. Document your financial position
Before you separate, you want to know and document your financial position as a couple, and as individuals. It is well worth taking the time to:
- draw up a list of financial assets and liabilities – including any property, debts, investments, superannuation and other assets.
- make copies of relevant documents – from bank statements, to tax returns, trust deeds, superannuation statements and company financials if relevant.
If you have little knowledge of your financial position (or your partners) – doing this now could save lots of headaches down the track. Sometimes it can be hard to get hold of these documents after you’ve separated and having a clear record of what the assets and liabilities were at the time of separation, can help to avoid a host of hassles down the track.
5. Set up a separate bank account
Open a personal bank account in your name and start putting aside money for when you separate – especially if there’s a chance you may need to leave quickly.
If you are planning on leaving, you should aim to put away enough for some bond, a couple of weeks rent and moving costs. If you’re planning on your partner moving out, you still want to make sure you have money to cover basic expenses like groceries and rent.
If you and your partner have money in a joint account, you could consider transferring some to your personal account right before you separate.
6. Get an idea of what your future income might look like
It always helps to have a feel for what your financial situation is going to look like once you’ve separated and while you’re separating.
For many couples coming to an agreement on property settlement can take months (and sometimes years). While every couple’s circumstances are different, during that time there are still bills that need to be paid, and often additional costs that come from having two separate households.
Understanding what income you’re likely to have during this time (as well as when the separation is finalised) will help you plan and get ready. Talk to:
- departments, organisations like Centrelink and the Child Support Agency to see what entitlements you may be eligible for.
- a financial planner or accountant, who can assist you with budgeting and managing your expense – pre and post settlement.
7. Consider what parenting arrangements will be best for the kids
As parents, we all want what is best for our kids. While you probably have a good idea of what you would like to see happen, it’s important to do your research. Research developmental guidelines for children, and perhaps even get advice from a child counsellor or psychologist about what arrangements might be best for the children given their ages and the practicalities.
If you think care of children is likely to be an issue, keep a diary of the level of care and sharing of parenting duties between in the months before separation occurs.
8. Talk to a reputable family lawyer
Whatever you do, don’t rely on Google or others people’s experiences. Just because Doug and Marg split everything 50/50 doesn’t mean that you and your partner should. Nor does the fact that Josie got full time custody of kids, mean that you will.
Just as every couple is unique, every family law case is unique and there is certainly no ‘one-size’ fits all approach to working through the different arrangements – from property to parenting. Getting advice from a reputable family lawyer, before you separate, will mean that you have a clear picture of how the law applies to your set of circumstances.
9. Work out what will happen next
Before you have conversation, it’s good to have a clear idea of what you would like to happen next. Will you leave? Or do you expect them to leave? What will that look like?
If you have children, what arrangements would you like to initially put in place? How will you manage the finances and ensure the bills get paid in the weeks immediately after you separate?
Or does it make more sense to stay under the one roof to begin with?
While most of these considerations need to be worked through with your partner, starting with a clear idea of what you want to happen will help.
10. Prepare for the conversation with your partner
For many this is the toughest part. If you can, plan the conversation for a time when kids will be out or for when you are least likely to be interrupted. Be clear on what you want to happen after the conversation and if possible have arrangements in place.
If you are concerned for your safety, or about how your partner will react – have a plan in place for what you will do if the situation gets heated. This may mean asking a friend or family member to check in on you or be ready for you to come stay at short notice. In some circumstances, particularly where you’re concerned for your safety, it may mean getting an Intervention Order in place or having police there to provide assistance.
If you’re thinking about separating, feel free to get in touch – we’re here to help you understand your different options, how the law applies to your situation and offer valuable advice.