The Comprehensive Separation Checklist

Divorce is often a tricky emotional and financial process. However, there are ways to make it easier so that you and the partner you are separating from are not left frustrated or at loggerheads with you during this time.

In this article, we provide you with some key advice on how to mitigate the burdens of divorce with a handy checklist of the documents you will need to produce to a divorce separation lawyer and other important things to consider.

Weigh Up Your Options

Your first step is to weigh up your options.

If you and your partner are considering separation/divorce, there are plenty of personal and legal steps that you will need to take to accomplish it. You’ll want to seriously consider all the affects a divorce will have on your financial and personal life before committing to the process.

Here is a separation/divorce checklist to help you move forward:

Get Expert Family Law Advice

Legal advice is essential to getting the right information about your circumstances. Too may people rely on friends or family for advice and are ultimately uninformed about their own position. Seek professional advice early and check the options that are available to you in your circumstances.

Experienced and professional family lawyers will be able to quickly analyse your situation and provide expert guidance and options on how to proceed. Experienced lawyers can also confidently give you better guidance on potential outcomes, costs, available courses of action and other variables.

The quality of your legal advice is important, the better representation you have generally equates to a better outcome faster. You are able to make better-informed decisions and have greater clarity which leads to a smoother and less stressful separation process.

Documents and Admin

In anticipation of your separation, it is good practice to start compiling all the documents your lawyers will need to support you through the process. Make sure you have all the following.

• Marriage certificate
• Birth certificate
• Passport
• Insurance policies
• Registrations of assets (e.g., cars) or valuation certificates for larger assets or jewellery
• Important Medical Records

You will also want to do a bit of admin work to make the process smoother. Try to complete the following:

• Record your date of separation and other important dates in your relationship
• Create a profile of your family ensuring you include family members’ names, places of work, salaries, contact details and other valuable information about them
• Take notes or keep a diary throughout the separation process on key events and their dates and discussions
• Record any sale of property or assets
• Notify any relevant bodies of your separation

If you can complete this part of the checklist before meeting your lawyer, the process will be a lot smoother as your lawyer will have a better understanding of the situation at hand.

Your Finances and Assets

Ahead of property settlement, you will want to ensure you have your finances in order. To do so, you will have to get your financial documents sorted. Also ensure you have a record of all your non-financial assets such as property.

• List all your assets and liabilities
• Find records of your liquid assets (e.g., bank accounts, shares, dividends, crypto)
• Obtain a superannuation statement
• Find records of past tax returns
• Find records of past pay slips
• Find records of property and titles
• Find records of your mortgage statements
• Find copies of any business financial records if you own any businesses or trusts

Consider starting the process of separating your money.

• Change any pins and passwords for your private accounts
• Open your own bank account in your name for your wages
• Close any joint accounts or cards
• Ensure that your name is taken off agreements that are not your responsibility
• Speak with a divorce lawyer about updating your will or other estate planning documents
• Update your superannuation payout information

Further, ensure that plans are made for your present financial obligations.

• Determine how mortgage payments will be handled leading up to property settlement
• Determine how incoming bills will be paid
• Ensure all joint liabilities are accounted for, and a payment arrangement made

Your Personal Life

If you have children or dependents, it is important that you consider what will happen to them.

• List the needs of your children including their health, education, and wellbeing
• Determine how their expenses will be covered and if child support might apply
• Create a parenting plan with your former partner
• Determine what will happen to any pets
• Get a Copy of Your Will & Estate and update any Estate Planning (it will need to be updated)

Who to Advise?

Bank – make enquiries to your bank about protecting joint assets, loans and mortgages. Also consider setting up alerts on transactions from joint accounts, dual signatory for any loans, redraw and off-set accounts.

Centrelink – advise change of marital status and enquire about any financial or employment assistance the government can offer if applicable.

Child Support Australia – to discuss child support collection if applicable.

Schools & Childcare providers – it is important for any carers of your children to be aware of a separation. They are crucial in helping keep your children safe and comforted during this time.

Accountant & Other Advisors – it is essential to notify accountants and advisors such as financial advisors that you have separated to ensure all transactions are authorised.

Living Arrangements

Also consider what living arrangement might be most financially feasible, risk-free, and best for your children during your separation. This is one of the first questions we get when people approach us concerning their potential divorce.

A safe and suitable environment is vital during a separation, and you will have to decide if you will stay where you are currently living or move to a new residence. Make a plan together about covering mortgage repayments or rent.

Also, if you’re moving out after separating, it’s vital you keep all your valuable possessions with you. If you cannot do this immediately, arrange access to your belongings with the partner you are separating from.

A few other personal records to update and check:

Utilities: electricity, gas, internet, phone accounts

Subscriptions: Netflix, Disney, YouTube, Newspapers etc

Memberships: Update any recurring paid membership details such as gym or clubs.

Home Delivery or Services: Update any home services or deliveries you subscribe to such as Ubereats or groceries.

Home Security: You may need to review who can access and view your home security system

Shared online Accounts and passwords: Update any shared accounts and passwords for you and children ie Apple, Tik Tok, Instagram, Facebook, Google, Gmail etc

For more information, visit our article, Moving out of Home Before Divorce.  

Next Steps?

If you have made it this far, it is time to speak with a lawyer about taking the next step towards finalising your divorce and undertaking property settlement.

Need Advice from a Divorce Separation Lawyer? We Can Help

The team at PCL Lawyers are experts in family law and can help guide you through the separation and divorce process. Obtaining proper legal advice is essential for both parties to make financial agreements binding.

Our divorce lawyers are experienced in the multiple aspects that family law entails. We handle every case with sensitivity and empathy. We make sure that proper care and consideration is taken at every step of the divorce proceedings and other aspects of your family law matter. We can meet you in our Melbourne CBD office or one our suburban offices, if more convenient to you.

The family law firm division of our firm is also commercially minded and can provide extensive advice (including creating an action plan) in relation to financial family law matters with family businesses or complex asset pools.

For more information, contact one of our separation lawyers, or phone 1300 907 335.