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Separation is identified as the bringing to an end of a marriage or de facto relationship. While there is no requirement to register a separation, the date of separation may be important and may need to be proven, particularly if the other party disputes the date of separation at a later time.

What to consider if you have just separated:

  • Contact your bank or financial institution to prevent joint funds being accessed by your former partner without your consent or liabilities such as the balance outstanding on a mortgage increased without your consent. This may mean that joint signatures are required to withdraw joint funds from a bank account or to increase the amount outstanding on joint liabilities.
  • If you have a Power of Attorney in favour of your former partner or spouse, ensure it is revoked and have a new one drafted.
  • Ensure you have a Binding Death Nomination for your superannuation fund and consider whether your current nominated beneficiary of your superannuation entitlements is appropriate.
  • Retain your financial documents in a secure location.
  • Look at your Will and consider if it reflects your wishes. If you do not have a Will ensure that a Will is prepared reflecting your current wishes.
  • If you have children, contact the Child Support Agency and find out how much is to be paid by you or is payable to you.
  • If there is property or land that is not in your name, obtain advice as to whether you can register a caveat over the property.
  • If there has been family violence in the relationship seek advice and support from a family violence professional or service.
  • Seek advice from an experienced Family & Relationship Lawyer.

These steps do not have to be taken alone. Seeking expert legal advice will assure you deal with these steps and may help to alleviate confusion.

We offer a no cost 30 minute initial consultation to discuss your situation with an experienced family lawyer. The initial consultation provides an opportunity to gain an informed understanding of your matter and the necessary steps to achieve a resolution.

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