Ending a relationship is never easy, whether you’ve been together for what feels like decades down to when it’s relatively new. Many newly singles may also dread the process of separating in a time of emotional turmoil.

On the other hand, separating may also be an excellent opportunity to begin again and gain some newfound independence. This to-do list can also help you find some sense of resolve and closure with a spouse as the relationship and arrangement you have comes to a close.

Here are some things you should check off your list just before you legally separate from your partner:

1. Seek Counseling

Getting a counsellor involved might help both parties come to terms with what exactly went on during the marriage and whether it’s time to separate. It’s not so much about changing your mind and salvaging whatever’s left of the relationship, but having an understanding about the mental separation and gaining the closure that ending the association will provide. 

2. Discuss the Living Arrangements

Understandably, once you separate, you may not have any desire to live in the same space anymore. Outside of family law and the legalities that come with it, discuss what will happen to your shared belongings and where each of you is going to live.

There may be someone who wants to stay in the home while another leaves to rent elsewhere with a cash settlement. Perhaps both parties wish to sell the house instead and split the income that the sale would generate. Get each other’s perspective and know your options. 

3. Finalise Where the Kids Are Going

After deciding on the living arrangements, it’s important to discuss who will take custody of the kids during the legal separation. It is highly discouraged in Australia to separate siblings, so both parents have to agree about who’s going to take care of the kids from now on as well as visitation. 

4. Collect Your Documents

It’s time to have a clear understanding of all the legal and financial positions both of you have to make the distinction of what’s theirs moving forward. Relevant documents to bring with you would include the purchase of property, bank statements, tax returns, marriage certificate and all the other personal files that are solely in your name. 

5. Divide the Funds

It’s likely that you’ve set up a bank account or two with your spouse during your time together. Now that it’s time to finally part ways, it’s also time to part the funds you both collected. Withdraw your portion and open up your own bank account so you can deposit it there.  

6. Notify Your Providers 

Your insurance companies, pension providers and more are probably aware that your spouse is still a nominated beneficiary if anything happens to you. It’ll be less complicated if you send a notification to let them know that your partner is no longer a part of the picture. 

7. Hire a Lawyer for Everything Else

Before the actual legal separation case, it’s best to find the right lawyer who can provide you with good legal advice and insight about what to do when the case is assessed by Family Court. An experienced lawyer can also help when it comes to separating estate and other affairs. 



It should also go without saying that an excellent support system and experts can help make this time go smoother both mentally and physically. Taking these steps will have you fully prepared for legally closing this chapter of your life. 

Looking for family lawyers to guide you throughout the legal separation? Springfield Legals in Queensland offers top-notch legal assistance and expertise in different areas of practice such as family law, wills and estates, commercial business and more. Get in touch with us today!