Separation Checklist Australia

This is general practical guidance, not a substitute for advice about your own situation - use it as a starting point to work through in your own time, and see a family lawyer for anything that's specific to you or more complicated than a straightforward, agreed separation.

In the first few days and weeks

1. Sort out immediate living arrangements. Decide, even if only for now, who's staying in the family home, who's moving out, and where everyone (including any children) will actually be sleeping in the short term.
2. Separate your everyday finances. Open your own bank account if you don't already have one, redirect your own income into it, and let any joint account signatories know your intentions in writing.
3. Get on top of shared debts and bills. Joint credit cards, personal loans, utilities and subscriptions can all keep accumulating charges in both names after you separate - keeping an eye on these protects you even before anything is formally divided.
4. Update Centrelink and Medicare. If you receive family payments or any other benefit through Centrelink, you generally need to update your relationship status once you separate, since it can change what you're entitled to. It's also worth checking whether separating now makes you eligible for something you weren't before. If you were covered by a family Medicare card, that may need updating too.
5. Secure important documents. Passports, birth certificates, tax records, superannuation statements, property titles and anything else you might need later for a property settlement or parenting arrangement are worth locating and copying now, while everything is still accessible.
6. Update your will and any power of attorney. Separating doesn't automatically update either of these, and in most cases neither does divorce, until it's finalised - so don't assume an old version no longer applies.

Understanding divorce vs separation, and the timing

1. Know that separation and divorce are two different things. You can be separated for years without ever applying for divorce, and there's no form or court step needed simply to be separated. See divorce vs separation for the full picture, including when it actually matters to apply for one.
2. If you're married and want to divorce, expect a 12-month wait. You generally need to have been separated for at least 12 months and 1 day before you can apply. This can include time spent separated under the same roof, provided you can show you're genuinely living separately in other ways.
3. When you're ready, the divorce application itself is largely administrative. Once you've met the 12-month requirement and there are no other complications, lodging the application is mostly a paperwork step rather than a negotiation. See divorce application for how that works.

Property and finances

1. Start listing what you own and owe together. Property, vehicles, superannuation, savings and joint debts. You don't need a final figure yet - just a clear enough picture to start the conversation with your ex-partner.
2. Know there are time limits on formalising a property split. As general guidance: married couples generally have 12 months from when a divorce becomes final, and de facto couples generally have 2 years from separation, to apply to formalise a property settlement through the court. This is general information only, not a deadline confirmed for your situation - a family lawyer can confirm what applies to you.
3. If you already agree on how to split things, formalise it properly. Straightforward agreed splits are usually handled with consent orders; if the asset picture is bigger or more involved, see property settlement.
4. Check whether you already have a binding financial agreement in place. If you signed a prenup or postnup before or during the relationship, it may already set out how things should be divided. See prenup / binding financial agreement for how these work and what makes one enforceable.

Parenting arrangements, if you have children together

1. Think through the practical day-to-day. Where the kids will live, school pickups and drop-offs, holidays, and how you'll make decisions together going forward.
2. Decide whether an informal agreement or a court order suits you better. A parenting plan is a flexible, written but non-court agreement; consent orders make parenting arrangements legally enforceable through the court. Not sure which fits? See our parenting plan vs consent orders comparison.
3. Sort out child support. Work out a fair contribution towards the kids' costs and put it in writing with a child support agreement, or use the Services Australia child support assessment if you'd rather it was worked out and administered by the government instead.

Making it official

1. Match each agreement to the right document. Consent orders for a court-enforceable property and/or parenting agreement, a parenting plan for informal co-parenting terms, property settlement for dividing a larger asset pool, and a child support agreement for ongoing payments. Still not sure which one you need? See our DIY Kits overview and comparison pages for a plainer side-by-side.
2. Get anything you're unsure about checked properly. A family lawyer can tell you plainly whether what you've agreed is complete and fair, and likely to hold up, before either of you signs anything.

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