What to Do in the First 30 Days After Separation

Separation is one of the most stressful experiences a person can go through. Amid the emotional upheaval, there are practical and legal steps that should be taken promptly to protect your position. Here is what we advise clients to do in the first 30 days.

1. Seek Legal Advice Early

This is the most important step. Family law has strict time limits — for example, you have 12 months from the date of divorce (or two years from separation for de facto couples) to apply for a property settlement. Understanding your rights and options early gives you the best chance of achieving a fair outcome.

2. Document Your Financial Position

Immediately after separation, make a record of all assets, liabilities, income, and superannuation — yours and your former partner's, to the extent you can. Gather copies of bank statements, tax returns, mortgage documents, and superannuation statements. This information will be essential to your property settlement.

3. Protect Your Credit and Finances

Consider whether any joint credit cards or lines of credit should be frozen or closed. If the family home has a joint mortgage, understand your obligations and speak to your lender. Separating your finances as clearly as possible at the outset avoids complications later.

4. Consider Parenting Arrangements

If there are children, reaching agreement on parenting arrangements early — even informally — reduces conflict and provides stability for the children. Arrangements can be formalised later through a parenting plan or consent orders. In the meantime, focus on the children's routine and wellbeing.

5. Be Careful What You Put in Writing

Text messages, emails, and social media posts can be used as evidence in family law proceedings. Avoid inflammatory or emotional communication in writing. If communication with your former partner is difficult, consider using a co-parenting app or communicating through your lawyer.

Our Family & Private Clients team offers an initial consultation to help you understand your position and your options. Contact us — we are here to help.