Separation: The To Do List
If you are going through a family law separation, there are a few important things that you should consider early in the process. We have put together a simple “To-Do List” to help get you started.
Speak with a Lawyer early in the process. Obtaining advice at an early stage will help you to find answers to a lot of the questions you have rolling around in your mind - how this process works, when it can or should get started, how much it will cost etc. Speaking with a lawyer early on will help you make sure that you are taking the steps that you need to in order to protect yourself, and your entitlements.
Protect your bank accounts. Secondary credit cards and bank account cards - if your ex-partner has a secondary credit card or a bank account debit card linked to your personal account - you may need to consider cancelling those secondary cards so that money isn’t taken from your personal bank account (or any debt increased in your sole name) without you approving it or knowing about it. Before you take steps to deal with any bank accounts - you should first obtain legal advice to find out when it will be appropriate to cancel those secondary cards.
Change passwords to any social media accounts, banking accounts or other personal accounts. If your ex-partner has access to your email account, online banking or other personal accounts - this could disadvantage you financially and personally. Make sure that you have protected your personal information and your accounts are secure.
Be careful about what you post online. Be careful about what you post on social media or what you communicate to the other party - particularly in writing. Text messages, emails, Facebook posts etc show up in Court documents every single day. Once it is out there - it’s out there for everyone (including the Court) to see.
Update your estate planning documents. Early in the separation process, you should speak with a Lawyer about updating your Will, Enduring Power of Attorney, superannuation death benefit nominations and life insurance policy beneficiaries. Make sure that your estate planning documents are all up to date and reflect your current wishes.
Protect your belongings. If you are moving out of the home that you shared with your ex-partner - it is best to try and remove all of your furniture and personal items that you will be taking with you, all at once (if you can). Once you move out of the home, any items that remain at the property may be difficult to get back at a later date.