In Australia, both marriages and de facto relationships are recognised by law, therefore when couples split, there are legal considerations which must be dealt with before leaving your relationship.

1.  Gather important documents before leaving a relationship

Before leaving the family or matrimonial home gather documents like your will, passport and birth certificate. If there are children involved and you are a primary carer, consider the birth certificates and passports for your children too.

It is important to note that separation does not automatically change your Will. If your Will is revocable, your former partner could still benefit unless you update it. If your Will is irrevocable, you may have limited ability to make changes, meaning your former partner could continue to benefit under its original terms. In either case, seeking legal advice is essential to ensure your wishes are properly reflected.

For an effective property settlement which is fair and reflective of your financial position, you should also gather any relevant financial documents including bank account statements, tax returns, pay slips and superannuation statements. This information can be subpoenaed if necessary, or requested directly from the institution, however, full and frank disclosure of your financial position is a legal requirement required by both parties and having the information readily accessible will save you time and money.

Protect your privacy and security by changing your banking, email, social media, your Apple ID and passwords for your phone. It is also important to change any PINs for your ATM cards. If your partner or spouse is emotional or vengeful, them having access to your sensitive information could be an issue for you.

2.  Plan for children before leaving a relationship

Parties should aim to reach an amicable agreement about how children will be cared for and the time each parent will spend with them. Mediation with Relationships Australia is a valuable resource that may help you make plans for children that are in their best interests. In most cases, before applying to the Court for parenting orders, the parties must attend family dispute resolution and obtain a Section 60I Certificate, which confirms that mediation has been attempted or is not required. If you are unable to agree on arrangements for children, you may need to file an application with the Court for parenting orders. If the parties have reached an agreement, it should be written down and provided to a lawyer so that a Parenting Plan or Consent Orders can be drafted.

3.  Consider opening your own bank account

Consider whether it is appropriate to limit your partner’s access to joint funds by obtaining a joint authority or closing your account and splitting the balance. The bank could freeze the account and this may be disruptive for both parties. We recommend keeping a separate bank account and considering freezing a joint bank account if necessary.

4.  Sort out joint bills

If you are leaving the family home or business, you should contact creditors and let them know in writing that you are not responsible for future liabilities.

If you are the primary income earner and your partner is unable to meet their reasonable living costs, the law may require you to provide spousal maintenance. It is generally advisable to meet these obligations to reduce the risk of the other party applying to the Court on an urgent basis. Court proceedings can be costly and time-consuming, so resolving maintenance matters outside of court is usually preferable where possible.

5.  Consider mediation

Before leaving a relationship, consider discussing your issues with a third party who is valued by both partners. Involving a third party, such as through a mediation, can help to avoid emotions clouding your better judgment and may assist you in reaching resolutions that are in both parties’ best interests.

Contact Us

There are many legal considerations that arise following a relationship breakdown. If you are considering leaving your relationship, please contact Etheringtons Solicitors in North Sydney to speak to a highly experienced family lawyer on (02) 9963 9800 or contact us here.