Making the decision to separate is one of the hardest moments in anyone’s life. It affects your emotions, your children, your finances and your future. Before you take any big step, it helps to understand the basics of how family law works in Australia and what your options really are.

Here are seven important things to know:

1. Separation is a process, not a single moment

Separation is not only about moving out. It starts when at least one partner decides the relationship has ended and communicates that. From there, you will gradually work through parenting, property and financial issues.

2. Your safety comes first

If you are experiencing any form of family violence or feel unsafe, your immediate safety is the priority. This may involve contacting the police, accessing crisis support services, or seeking urgent legal advice about protection options.

3. Children’s best interests come before everything

Australian family law focuses on the best interests of the child. That usually means:

• Keeping children safe from harm

• Supporting meaningful relationships with both parents, where it is safe
  Decisions about living arrangements, time with each parent and communication are all guided by this principle.

4. You don’t have to go straight to court

Many families are able to resolve issues without a court hearing by using:

• Mediation or family dispute resolution

• Negotiation through lawyers

• Parenting plans or formal agreements
  These options can often be faster, less stressful and more private.

5. Property and money are separate from parenting

Your parenting arrangements and your financial/property settlement are related, but legally they are different issues. You can agree on one before the other, or work on them at the same time with professional guidance.

6. Keep records and documents

From the beginning, it can help to safely keep:

• Financial documents (bank statements, payslips, loan documents, super information)

• Important records about the children (school reports, medical information)
  These will assist any future negotiations or formal agreements.

7. Early legal advice can reduce stress later

Speaking to a family lawyer early does not mean you are “committed” to separation. It simply helps you understand your rights, responsibilities and options so you can plan with clarity.

This article provides general information only and is not a substitute for independent legal advice. Family law can be complex and may change. Always seek advice from a qualified family lawyer about your specific situation.

If you are considering separation and feel unsure about your next step, you are welcome to contact our office for confidential, tailored advice.