New Year – New Life

January 11, 2024

It is not unusual for there to be an uptake of parties separating after the Christmas and holiday period.  If you are considering separating or you have separated from your partner, there are a few things that you might want to do immediately:

Securing your bank accounts and credit cards

• Decide whether you need to change your PIN or passwords for any accounts which you believe your partner may be able to access and are in your name only.
• Think about whether you should cancel any joint credit cards or limit the extent to which they can be used.
• Consider whether any secondary access to a credit card in your name only should be terminated.
• Discuss closing off joint accounts but be careful that any direct debits or credits are accounted for.
• Open a bank account in your own name into which your salary or any government benefits are paid.

Joint borrowings or utilities

Joint borrowings and bills can be resolved easily if you are amicable. Consider the following issues for discussion:

• Is there an embargo on an ability to redraw on your home mortgage?
• Let the mortgagee know that you have separated and work out a plan to pay the mortgage pending a property settlement.
• Consider whether you need to caveat any property which is solely owned by the other party.
• Negotiate with your partner about how you are going to deal with utility bills which are in joint names such as electricity, internet, phone, gas etc.
• Talk with your creditors if you are having difficulty making payments and work out a payment plan.

Documents to collect

• Make a record of when you separate physically so you have a date of separation for your application for a divorce.
• Collect all the important documents to which you are solely entitled such as marriage certificate, birth certificate, passport, bank and superannuation statements, insurance policies, tax returns, car registrations and any other documents associated with any family business. If you are joint owners of the document, provide the other partner with clear copies.
• If you cannot have the originals because they are not solely yours, you may be able to have a copy.
• Put together some notes for your lawyer setting out the family tree and who all the ‘players’ are in the family; including their full names, dates of birth and whether they are dependent on you or not.
• Set up your own email address, which is secure and if necessary, get a PO Box where “snail mail” can be sent.

Looking after your children

• You may need to talk to a family dispute resolution practitioner (FDRP) to help you work out a parenting plan for your children.
• You should let your child’s school know that there has been a change in your child’s household and provide updated contact arrangements for both parents.
• Ensure that your child’s school has a copy of any parenting agreement or an indication about how you or your partner are going to pay for any school expenses.

Updating important documents

• You should update your will and enduring power of attorney as separation from your spouse will not cancel or revoke your existing will or your power of attorney – you need new estate planning documents (which may include new provision for the care and financial provision for your children).
• You should check your life insurance policy to see who you have nominated as a beneficiary and see whether that needs changing.
• You should update your superannuation, including using a binding death nomination to ensure that your superannuation is paid to the persons to whom you wish to receive it.

These are some housekeeping things which, in amongst all the emotion of separating from your partner, need consideration.  If you cannot discuss these issues with your partner, it is still important that you take those steps over which you are solely in control.

Remember, separation starts off on a better footing if you treat and communicate with the other partner in the manner in which you would like to be communicated with and treated.

For more information, please contact our family law team.