1. Hesitate to Get Legal Advice
Many people take a “wait and see” approach following separation because it seems overwhelming to deal with all the things that might happen. It is important to understand that getting legal advice early doesn’t mean things have to turn into a battle. It’s about knowing your rights, understanding your options, and making informed decisions.
In WA, there are time limits for formalising property settlement— 24 months for de facto couples and 12 months from the date a divorce becomes final. So even if you're not ready to take action yet, having a conversation with a family lawyer can help you plan ahead and avoid confusion, overwhelm or time pressure later.
2. Separation is Just the Start
Separation is the end of your marriage or relationship but it doesn’t sort out how your finances are divided or where the children will live. Parenting arrangements and property settlement are completely separate legal processes to separation and divorce.
Working out what will happen following separation can be complex and you may need assistant from a third party, such as a mediator or lawyer to help you work through this time.
3. Make a Plan
After separation, it’s common for one partner to move out quickly to avoid conflict. That’s completely understandable—but it’s worth pausing before you go.
Leaving the family home doesn’t mean giving up your rights to it, but it can affect things like parenting routines, living expenses, and access to important documents. If you’re thinking about moving out, get advice first and make a plan that keeps things as stable as possible—especially if there are children involved.
4. Understanding Post-Separation Arrangements
In the spirit of keeping things easy, separated couples often agree on how to split things without legal help. While informal agreements can be a good starting point, they’re not legally binding—which means they may not hold up if things change down the track.
Even if you’ve agreed on how you will separate your finances and property, or how time with the children will be shared, it’s a good idea to get legal advice and consider formalising your arrangements to avoid disagreements or disappointment later.
5. Get Support and Work Through Emotions
Separation is a process of grief and loss. All of the difficult emotions you experience are valid, but big decisions made in the heat of the moment can cause long-term issues. Try to pause and get support where you can—whether it’s from a lawyer, psychologist/ counsellor, or trusted friend.
Divorce is both a legal and emotional process, and having the right support can make all the difference.
