Written by: Taylor Wilson
Separating from your partner is a major life change. Along with the emotional impact, there are practical steps to take before separation that will affect your finances, your living situation, and your children.
Here are the first steps to consider when separating with your partner in Queensland.
1. Decide How to Care for Your Children
For parents, the wellbeing of children comes first. Under Australian law, decisions must be made in the best interests of the child. Parents are encouraged to agree on:
- Living arrangements and time spent with each parent
- Schooling and health care decisions
- Financial support arrangements – Financial support arrangements for children can be but into a Binding Child Support Agreement (BCSA)
You can keep agreements informal or formalise them through a Parenting Plan filed with the court. Mediation is often required before making a court application.
2. Organise Your Bills and Paperwork
The first thing you should do is gather and safely store important paperwork. This will help you understand your financial position and prepare for property settlement.
Key documents to collect include:
- Bank and credit card statements
- Mortgage and loan records
- Payslips, tax returns and Centrelink records
- Superannuation statements
- Household bills and regular expenses
- Original documents – Birth certificates, marriage certificates, etc
Having copies of these documents can make negotiations easier and prevent disputes later on.
3. Update Your Accounts, Will and Super
Separation is the right time to review your personal accounts and legal documents.
- Change passwords on online banking, email and shared accounts
- Review or update beneficiaries on your superannuation
- Update your Will to reflect your new circumstances
- Check insurance policies and nominated contacts
In Queensland, these updates help protect your financial independence and ensure your estate planning reflects your wishes.
4. Get Legal Advice, Even if Separating Amicably
Even in an amicable separation, it’s important to know where you stand and how to protect yourself moving forward. Speaking with a family lawyer doesn’t mean you’re preparing for a fight, it simply ensures you can make informed choices.
A lawyer can help you:
- Make sense of your financial situation and what a just and equitable property division might look like
- Explore practical parenting arrangements that suit your family’s needs
- Guide you through mediation or negotiation so both sides feel supported
- Put agreements in writing so there’s less chance of misunderstandings later
Getting advice early is about peace of mind. It can give you the confidence to move forward knowing you’ve taken steps to protect yourself and your future.
5. Sort Out Your Mortgage
If you have a joint mortgage, you’ll need to agree on how repayments will be managed, particularly if one party is moving out and will have to meet their own rental payments.
Missed payments affect both parties’ credit history.
Options include:
- Sharing repayments temporarily
- Asking your lender about hardship arrangements
- Refinancing the mortgage into one name
- It’s best to deal with this quickly to avoid financial hardship down the track.
6. Divide Your Property and Assets
In Queensland, a property settlement covers more than just the family home. It can also include:
- Cars and boats
- Savings and investments
- Superannuation
- Businesses
- Household contents
If you can’t agree on a property division, the court can decide based on contributions and future needs. Remember, you have 12 months from the finalisation of divorce to apply for property orders, or 2 years after the breakdown of a de facto relationship.
7. Manage Your Income and Expenses
Separation often means adjusting to new financial circumstances. To stay on track:
- Open a separate bank account if you haven’t already
- Monitor income and expenses closely
- Cancel or transfer joint subscriptions and services
- Explore support options through Centrelink or child support services
A clear budget will make the transition to independent living much easier.
8. Domestic Violence and Physical Abuse
If your relationship involves domestic violence or physical abuse, your safety is the priority.
In Queensland, you can apply for a Domestic Violence Order (DVO) through the Magistrates Court for protection. Support is also available through services such as DVConnect and Relationships Australia QLD. If you are in immediate danger, call the police on 000.
Final Thoughts
Separation is rarely simple, but taking the right steps early can reduce conflict and stress. By organising your finances, updating important documents, and seeking legal advice, you’ll be better prepared for the road ahead.
If you are separating in Queensland, speaking with a local family lawyer can help you understand your rights and guide you through the next steps with confidence.