At Coastal Lawyers, we understand that separation is one of the most challenging transitions a person can face.
That’s why we’ve created this practical, trauma-informed checklist to guide you through the early steps.
Our team is here to provide legal advice and emotional support to help you feel confident and empowered during this time.
1. Secure Your Finances
Online Banking: Change your login details to ensure your accounts are secure. If your ex-partner has access, now is the time to update passwords.
Set Up Your Own Account: Open a new bank account in your name only and redirect your income to this account.
Joint Accounts:
Discuss how to divide funds in any joint accounts.
If you can’t agree, consider freezing the account to protect your savings until an agreement is reached.
Credit Cards: Cancel any secondary cards on accounts in your name to avoid liability for additional spending.
2. Organize Important Documents
Asset Records: Gather financial records, including loan statements, bank account details, and property documents.
Personal Identification: Secure passports, birth certificates, and marriage certificates.
Legal Documents: Update your will, power of attorney, and any superannuation beneficiaries.
3. Property and Assets
Inventory: Make a list of all assets and liabilities. Include property, vehicles, superannuation, and debts.
Secure Valuables: If safe to do so, remove sentimental or high-value items from the shared property for safekeeping.
Keep the Status Quo: Avoid selling, gifting, or disposing of joint assets without consulting your lawyer.
4. Children and Parenting
At Coastal Lawyers, we know the wellbeing of your children is your top priority.
Parenting Plans: Begin discussions around interim parenting arrangements, focusing on the best interests of your children.
School Notifications: Inform your child’s school or daycare about the separation and provide updated emergency contact details.
Child Support: Contact Services Australia to learn more about child support obligations or entitlements.
5. Living Arrangements
Temporary Housing: If one party is moving out, prioritize the children’s stability when making arrangements.
Mail Redirection: Redirect mail to a safe location, such as your new address or a trusted friend’s home.
6. Digital Security
Password Protection: Update passwords for your email, social media, and any other shared online accounts.
Subscriptions: Cancel or transfer shared accounts like streaming services, phone plans, or cloud storage.
7. Superannuation
Statements: Request up-to-date statements from your superannuation fund.
Splitting Agreements: Superannuation is a marital asset and may be divided during property settlements.
8. Take Care of Yourself
At Coastal Lawyers, we’re committed to supporting not just your legal journey but your emotional wellbeing.
Seek Support: Engage with a therapist, counsellor, or trusted friend to process your emotions.
Build Your Network: Surround yourself with supportive people who can guide you during this time.
Self-Care: Take time to focus on your physical and mental health. Small, consistent steps can make a big difference.
9. Legal Advice
Early legal advice can make a world of difference in setting the tone for your separation.
Book a Strategy Session: Coastal Lawyers offers an initial consultation to answer your questions and help you create a clear plan.
Collaborative Approach: Our team is passionate about resolving disputes outside of court whenever possible.
10. Practical Considerations
Insurance: Review and update your insurance policies to reflect your new circumstances.
Utilities: Separate utility accounts like electricity, gas, and internet if they are in joint names.
Vehicle Registration: Clarify ownership and ensure payments are up to date.
Let Coastal Lawyers Guide You
Separation is a journey, and you don’t have to walk it alone. At Coastal Lawyers, we provide trauma-informed, compassionate legal support every step of the way. This checklist is designed to help you take the first steps with confidence. Let Coastal Lawyers provide the legal guidance you need to protect your future.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
When relationships break down, dividing property can be one of the most challenging aspects of separation. Inheritances often complicate the process further. Under the Family Law Act 1975, inheritances are generally considered part of the property pool available for division, but their treatment depends on the unique circumstances of each case. Here’s what you need to know about how inheritances are handled in family law.
Key Factors in Determining Inheritance Division
1. Timing of the Inheritance
When the inheritance was received plays a significant role:
Before or During the Relationship: If the inheritance was received before or during the marriage or de facto relationship, it’s usually included in the shared property pool.
After Separation: Inheritances received after separation are less likely to be included, although the court may still consider them, especially if the funds impact the financial situation of one party.
2. Use of the Inheritance
How the inheritance was used during the relationship can influence whether it’s considered a joint or individual asset. For example:
If the inheritance was used for shared expenses, such as purchasing a family home, it’s more likely to be treated as a joint asset.
If the inheritance was kept separate and used solely for the benefit of the individual who received it, the court may consider it separate property.
3. Contributions and Needs
The court assesses the contributions of both parties—financial and non-financial—as well as their future needs.
Financial Contributions: This includes the inheritance itself and how it was applied during the relationship.
Non-Financial Contributions: Parenting and homemaking contributions by the other party are also taken into account.
Future Needs: The court considers factors like age, health, earning capacity, and caregiving responsibilities when deciding a fair division.
4. Just and Equitable Division
The court’s primary goal is to achieve a just and equitable outcome, not necessarily an equal split. Each case is assessed individually, and the division may vary depending on factors like the size of the inheritance, its use, and the overall property pool.
5. Keeping Inheritances Separate
If an inheritance has been kept entirely separate from joint assets and was not used for shared purposes, the court may treat it as an individual asset. However, this is not guaranteed, and the overall circumstances will still be considered.
Why Legal Advice is Essential
Inheritance matters can be legally and emotionally complex. Whether you’re concerned about protecting an inheritance or negotiating a property settlement that involves inherited assets, understanding your rights under the Family Law Act is crucial. A family lawyer can provide tailored advice to help you navigate this challenging area and work toward a fair outcome.
Protect Your Inheritance: Get Expert Legal Advice
If you’re navigating a separation involving inherited assets, Coastal Lawyers can guide you through the process and help you protect what’s yours. Contact us today to discuss your case and find out how we can assist.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
Going through a separation is tough enough without the added stress of property ownership issues keeping you up at night. If you’ve purchased a home with your de facto partner or husband—or even multiple properties—but none of them are in your name, you might feel especially vulnerable. The good news? The Family Law Act 1975 provides protection for you.
Understanding Your Rights Under the Family Law Act
Under the Family Law Act 1975, it doesn’t matter whose name is on the property title. The Act has the power to make property adjustments, including orders that property should be transferred to another party. This means that even if your name isn’t on the title, you still have a claim.
Why Urgent Legal Advice is Crucial
If your name isn’t on a piece of property, it’s essential to obtain urgent legal advice. Here’s why:
Prevent Unauthorised Sales: If your name is not on the title, your former partner could list the property for sale without your knowledge.
Secure Your Interests: Legal advice ensures that your interests are protected and that any property dealings are handled fairly.
Reach Interim Agreements: It’s important to reach an interim agreement (or in some cases seek urgent court orders including injunctions) to how (or how not) a property can be used or disposed of until a property settlement is reached and agreed upon.
How Coastal Lawyers Can Help
At Coastal Lawyers, we’ve represented many clients in this position. We understand the complexities of property settlements and can provide you with the guidance you need to navigate this challenging time. Whether it’s preventing unauthorised sales or ensuring a fair property adjustment, our experienced team is here to support you every step of the way.
Take Action Now
Don’t let property worries add to the stress of your separation. Contact Coastal Lawyers today to book a strategy session. We’ll help you understand your rights, explore your options, and chart the best path forward for your particular matter.
DISCLAIMER:
The information contained in this blog is for informational purposes only and does not constitute legal advice. For tailored legal guidance, book an obligation-free appointment with Coastal Lawyers online.
Separation is tough, but you don’t have to face it alone. Coastal Lawyers is here to provide the support and legal expertise you need to secure your future.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
Divorce or separation can be a whirlwind of emotions and chaos. Amidst all this, documenting your property settlement might seem daunting, but it’s a crucial step to ensure clarity and fairness. At Coastal Lawyers, we believe in making this process as smooth and stress-free as possible. Let’s dive into how to document your property settlement like a pro.
Gather Your Financial Information
Start by collecting all your financial documents. This includes:
Bank statements
Credit card statements
Tax returns
Payslips
Superannuation statements
Loan documents
Property valuations
Having everything in one place will make the process much easier. Plus, it’s a good excuse to finally tackle that overflowing paperwork drawer.
List Your Assets and Liabilities
Next, make a comprehensive list of all your assets and liabilities. Assets can include:
Real estate properties
Cars
Savings and investments
Personal belongings (like jewellery and art)
Superannuation
Liabilities are things like:
Mortgages
Personal loans
Credit card debts
Any other outstanding debts
Being thorough here is key. Missed items can complicate things later on.
Determine the Value of Your Assets
Now that you have your list, it’s time to put a value on everything. You might need professional appraisals for things like real estate and valuables. For other items, use market value or what they would reasonably sell for.
Consider Your Contributions
Think about what each of you brought into the relationship and what you’ve contributed during the relationship. This isn’t just about money. Contributions can be financial (like income and savings) and non-financial (like homemaking and caring for children).
Plan for the Future Needs
Look at your future needs and those of your ex-partner. This includes things like:
Earning capacity
Health
Age
Responsibility for children
The goal is to achieve a fair and equitable settlement that considers both parties’ future needs.
Negotiate and Reach an Agreement
Sit down with your ex-partner and negotiate the division of assets and liabilities. It’s best to approach this with a spirit of cooperation and fairness. If things get sticky, a mediator can help facilitate these discussions.
Document the Agreement
Once you’ve reached an agreement, it’s time to put it in writing. This can be done through:
A Binding Financial Agreement (BFA): This is a private agreement that doesn’t need court approval. It’s legally binding but must be drafted carefully.
Consent Orders: This involves getting the Family Court to approve your agreement, making it legally enforceable. It’s a bit more formal but provides an extra layer of security.
Seek Legal Advice
Before finalising anything, it’s crucial to seek legal advice. A family lawyer can review your agreement to ensure it’s fair and legally sound. At Coastal Lawyers, we offer Family Law Strategy Sessions to guide you through this process and answer any questions you might have.
Finalise the Settlement
Once your agreement is documented and signed, make sure to:
Update your will
Change property titles if needed
Notify relevant financial institutions
This ensures everything is up to date and legally binding.
Final Thoughts
Documenting your property settlement might seem overwhelming, but taking it step by step can simplify the process. Remember, the goal is to achieve a fair division that respects both parties’ contributions and future needs. And don’t forget, Coastal Lawyers is here to help you every step of the way. We’re not just about legal advice; we’re about supporting you through one of life’s most challenging times.
Written by Coastal Lawyers- Central Coast Family Lawyers
Coastal Lawyers are family lawyers based in Erina, on the Central Coast.
Coastal Lawyers assist family law clients in parenting, property, mediation, dispute resolution, and litigation. We offer the legal advice you expect from a lawyer, along with the emotional support you might not expect.
We are passionate about assisting our clients achieve amicable separations without the need for court intervention through the process of legally assisted mediation.
Our team also frequently appears at the Newcastle Federal Circuit and Family Court of Australia (Newcastle FCFCOA), the Parramatta Federal Circuit and Family Court of Australia (Parramatta FCFCOA), and the Sydney Federal Circuit and Family Court of Australia (Sydney FCFCOA) to represent our clients in more intricate family law matters. This encompasses issues related to family violence, unacceptable risk of harm to children, relocation applications, recovery orders and complex property settlements.
Coastal Lawyers offer a 1 hour Strategy Session for all new family law enquiries at a reduced hourly rate.
At Coastal Lawyers, we are team mediation! We love it!
Mediation can save clients’ money, years of heart ache and stress and can really help preserve co-parenting relationships so that parents can get back to their important role of guiding little humans on their life’s journey.
But like anything, you get what you put in.
That’s why preparation for your mediation is crucial to your success.
This is why we developed our mediation preparation sessions.
During our 90-minute session (which can be done via zoom or face to face at our boutique offices at Gosford), we will prepare you for your upcoming property mediation including:
Mindset:
The first step to a successful mediation is having the right mindset.
We will explain to you:
How a mediation works.
What to expect at a mediation and
The link between positive communication and positive mediation outcomes.
How best to negotiate with your former partner and advocate for yourself.
The Law:
Knowing the law is powerful. When you know where you stand legally; you then understand if what you are asking for is reasonable or not.
We will explain to you in plain English what your pre- action procedure rights and responsibilities are in respect of disclosure.
We will explain to you the four-step approach to property settlement including how contributions are dealt with both financially and non-financial, add backs and future needs.
Your Balance Sheet:
After completing our detailed questionnaire, we will assist you to come up with a balance sheet that reflects your assets, liabilities, superannuation and add backs that you have a physical document you can take to mediation with you.
Your Disclosure Obligations:
We will explain to you your (and your partners) disclosure obligations under the Family Law Act 1975 so you understand what financial information you have an obligation to disclose and what rights you have to request financial information from your former spouse.
Your Opening Statement:
We will assist you with tips and tricks on how best to prepare your opening statement and how to best advocate on your behalf at your mediation.
How much does it cost?
Our property mediation preparation sessions cost $440. You can pay via credit card or direct deposit in advance of your meeting.
How long does the session go for?
Our property mediation preparation sessions go for 90 minutes.
How can the property mediation preparation sessions be undertaken?
These sessions are best done face to face at our Gosford Offices, otherwise we can also facilitate by way of zoom.
How to book?
You can simply book online below or you can give our office a call on 1300 271 289.
Legally Assisted Mediation:
It is important that you go into mediation feeling that there is a level playing field. If you don’t feel confident that you can advocate on your behalf or are worried about feeling pressured into reaching an agreement that is not in your best interests, legally assisted mediation may be more appropriate to you. Legally assisted mediation is done through a private mediator where both parties are also entitled to bring their lawyers to help assist them navigate the process.
In our experience, legally assisted mediation is often much more successful, largely since those who attend legally assisted mediation tend to be better prepared as to how the law is application to their case. They tend to have more realistic expectations as to what a just and equitable outcome in. Our lawyers have attended countless mediations, so we have the tools to be able to negotiate and remain emotionally detached from any outcome, which can often understandably be extremely difficulty for the parties to the marriage.
At Coastal Lawyers we offer fixed fee’s for legally assisted mediation. This process starts with a 1-hour Strategy Session for $330. Following our Strategy Session and understanding your unique situation, we provide you with a fixed fee scope.
Coastal Lawyers are central coast family lawyers. We offer representation in all areas of family law including divorce, parenting property and maintenance.
Written by Kristal
Principal Lawyer & Founder of Coastal Lawyers
Kristal was admitted as a lawyer in 2011. A former prosecutor, she has a Diploma in Law. A Graduate Certificate in Criminal Practice and is currently completing her Masters in Family Law (2022).
Kristal is a member of the Legal Aid Panels for criminal law and family law and domestic violence.
Fun Fact: Kristal loves all things mindfulness, meditation and "wu wu".
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That’s right when your formalise your property settlement by way of consent orders or Binding Financial Agreement (BFA) then certain tax consequences will flow.
Most commonly a stamp duty exemption generally applies in respect of property made pursuant to family law orders
At Coastal Lawyers we always recommend that our clients work closely with an accountant so that they get the full tax benefits associated with any property settlement.
2. Enforceability:
By formalising your agreement and particularly when you formalise by way of consent orders, then you also get the benefit of being able to apply the court for enforcement of the order if your former partner doesn’t hold up their end of the bargain and later refuses to do something which had already been agreed.
3. Certainty:
By documenting your agreement by way of Consent Orders or a Binding Financial Agreement (BFA), then you have certainty as to your agreement.
It prevents your former partner from coming back later and suggesting that your previous agreement wasn’t a final agreement.
And remember, if you have a family law matter, you can always book a family law strategy session with Coastal Lawyers.
Our Family Law Strategy Sessions are an hour-long session with a Family Lawyer to discuss all things parenting, property and divorce.
We have you complete a detailed questionnaire prior to our meeting so that we can spend our hour together answering your questions. These sessions are great for those thinking about separating or who have recently separated and who want more information and clarification around the separation process.
Coastal Lawyers are central coast family lawyers. We offer representation in all areas of family law including divorce, parenting property and maintenance.
Written by Kristal
Principal Lawyer & Founder of Coastal Lawyers
Kristal was admitted as a lawyer in 2011. A former prosecutor, she has a Diploma in Law. A Graduate Certificate in Criminal Practice and is currently completing her Masters in Family Law (2022).
Kristal is a member of the Legal Aid Panels for criminal law and family law and domestic violence.
Fun Fact: Kristal loves all things mindfulness, meditation and “wu wu”.
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