Your Family Law & Divorce Team

Change all of your passwords for your online banking, social media accounts, email accounts, cloud accounts, and any apps where you keep digital copies of important documents.

Make sure any tracking apps are turned off.

Consider opening a PO box or getting your mail redirected to a family member to avoid important documents falling in your former spouse’s hands.

You will need a copy of your marriage certificate to proceed with a Divorce Application. If you are unable to get one, you will need to order a new one to apply.

Take items such as jewellery, family heirlooms, trophies, and signed sporting memorabilia and keep them somewhere safe to avoid these items being lost or broken.

Take any financial documents held solely in your name such as bank statements, credit card statements, and tax returns.

Other important documents include children’s birth certificates, your own identification documents such as passport, driver’s licence, tax documents, bank statements (including credit cards, mortgage and savings), vehicle registration papers, insurance, and superannuation documents. There is no limit to this list of personal documents, it is best to take everything you want at the time, particularly if you are moving out.

If you have joint bank accounts or credit cards, notify the bank or financial institution immediately. You have two options at this stage: the bank can put a hold on any joint accounts and will then require a signature to have any funds withdrawn. 

The other option is to close the accounts and divide the funds as early as practical. 

Be sure to open your own account immediately and notify your employer or anyone who deposits money to your account.

If you hold any property with your former partner or spouse, severing the Title may be necessary. It’s important to note that this arrangement takes your agreement from joint tenants to tenants in common.

There are inherent risks in the agreement — your former spouse may transfer their ownership to another party or mortgage their share.

Make sure there is still stability for any children involved. This might need to be through coordinated living arrangements early on, where the children live with one parent and spend time with the other.

We highly recommend arranging counselling for the children as soon as you can. 

Creating a parenting plan early on, especially when the children are young, can be really beneficial. This can be formalised at a later date.

Keep a diary and write down all relevant dates and events. This will help you later on if you’re required to go to court.

You might want to note any of the following details:

1. Periods of separation.
2. Significant financial contributions (e.g. inheritance or receipt of compensation) or changes in employment.
3. Purchase or sale of real estate.
4. Any historical events of domestic or family violence or abuse (Kennon’s argument).
5. Renovations to property done by you which added value but saved cost.

This is a challenging time. While protecting yourself legally is essential, it’s important to seek emotional support, too. Reach out to loved ones or seek professional counselling.

If you have a will, it is important to note that separating from your spouse doesn’t change your will. If they were your appointed beneficiary, they still will be.

It is important to urgently make any necessary amendments or create a new will.

Similarly to your will, you may want to review your other policies, such as your superannuation, life insurance, and any other death benefits.

The sooner you seek legal advice in your separation, the better. By seeking legal advice, you can get proactive support, advice, and tools. 

It’s important to note that there are time limits around property settlement and spousal maintenance.