- The initial decision and conversation: The separation process begins with a decision, by one or both parties, to end the relationship and stop living together as a couple. This decision is then communicated to the other party. Being “separated” doesn’t require both people to agree, and one can initiate the separation even if the other party doesn’t want to separate. In some cases, it’s possible to be “separated” while still living under the same roof. This initial decision and conversation does not require lawyers or a court order to be valid, but it’s often a good idea to seek some initial advice so that all aspects of the relationship are properly dealt with.
- Arranging the necessary supports and advice: Separation is often a stressful process, so it’s important to arrange support and advice in several areas, including financial health, mental health, physical health, relationships, and legal advice. In terms of legal advice, given the complexity of the process, having objective but compassionate legal advice throughout the separation process can be helpful to avoid concerns about potential issues in the future.
- Reaching agreement about property and parenting: The parties involved in the separation will need to discuss and reach an agreement about splitting assets or “property”, which is broadly defined and includes things like cash, shares, insurance policies, superannuation, vehicles, personal effects, and businesses and their assets. Similarly, if there are children involved, decisions will need to be made about their care. It’s important to note that the safety and well-being of children is paramount at all times, including during and after separation.
- Formalising and effecting the agreement: Once agreements have been reached, they need to be formalised. This could involve applying for court orders relating to property and children. If there are children involved, the court can only grant a divorce if it is satisfied that proper arrangements have been made for them. It’s possible to apply for property orders before the divorce becomes final. If you haven’t obtained property orders ,once your divorce becomes final, you must apply to court for property orders within 12 months.
- Making a new start: After the separation process, both parties will start their new lives separately. This could involve moving to new residences, starting new routines, and adjusting to life as a separated individual.
