The end of a marriage or long-term relationship is often difficult for both partners, and it can be a challenging time for everyone in your family. Dividing your property, working out financial arrangements, and making plans for your children's wellbeing are all tasks most of us are unfamiliar with. If you are facing separation, the best way to prepare yourself is to make sure you have as much support and guidance as possible – including the right legal advice.
1. Record the date of your separation
This is the date when one or both partners decided to end the relationship and communicated it to the other partner. It's important to make a written record of the date of your separation because you will need confirmation of this when it comes to property settlement or an application for divorce. Recording the date is particularly important if you and your partner continue to live under the same roof after you’ve separated.
2. Check your credit cards
Check who the primary cardholder for any credit cards is, and whether your partner has authority to use a secondary card. If you are the primary cardholder, you can be held liable for any transactions made by your partner, so you may want to cancel the secondary card or reduce the credit limit.
3. Collate your financial information
Make sure you have copies of you and your partner’s life insurance policies, bank statements, passports, birth certificates, wills and trust deeds. Having access to these financial documents will make it easier for your to prove a history of your monetary contributions and transactions in a property settlement.
4. Update your beneficiaries
Check your insurance policies, superannuation and wills, and change your beneficiaries if you wish to do so in light of the separation. At the same time, check that your former partner does not have any authority to transact on any of your insurance policies or a self-managed super fund.
5. Set up a mail redirect
If you’ve moved out of the home you and your partner shared, set up a mail redirection so that you can receive your mail on time. This may be particularly important if you have corresppondence you'd prefer to keep confidential - for example, letters from your lawyer.
6. Mortgages
If you have a mortgage, you need to keep up to date with repayments; otherwise you might damage your credit rating. If you have moved out, and neither party is able to manage the mortgage repayments, you may need to seek legal advice as to whether the home should be sold and how any proceeds of sale should be dealt with.
7. Utility bills
Update your account information for utilities such as gas, electricity, water and broadband, so that if you've moved out, you won't be held liable for any bills. If your partner is the one who has moved out, check that they don't have authority to act on your accounts.
8. Cars or other vehicles
Check whether any vehicles you drive are registered in your name, and whether you have authority to act on them. If you are driving a vehicle that isn't registered in your name, the registered owner will need to agree to your use until a property settlement is made.
9. Seek legal advice
Whether or not you were the one to initiate the separation, it’s important to speak with a lawyer as soon as possible. The process of separating is complex and even if your breakup is amicable, it's important to make sure your best interests are represented legally. A lawyer can make sure you are informed of your rights and responsibilities and that you have achieve the best outcome for your family.
10. Seek Support
Separation can take a physical and mental toll on your health. Don’t be afraid to ask friends and family for support or seek the assistance of a counsellor or other health professional.
ABOUT THE EXPERT:
Paterson & Dowding is one of the largest Family Law practices in Western Australia. Established in 1967, today Paterson & Dowding has an experienced team of family lawyers and divorce lawyers in Perth. Their highly skilled team offers advice on matters of divorce, family dispute resolution, mediation and more, making them an ideal choice for anyone going through a separation. If you are separating from your partner and you need legal advice, call Paterson & Dowding on 08 9226 3300 or visit www.patersondowding.com.au.
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