What to Do First After Separation in South Australia
Family Law • Property Settlements • Mediation Services
Separation can feel overwhelming. One day life feels settled the next, you’re facing decisions about finances, children, housing, and your future.
Knowing what to do first after separation in South Australia can make a significant difference to both your legal position and your peace of mind.
Taking early, practical steps help protect your interests and prevents small issues from becoming costly disputes later especially when it comes to property settlements South Australia families must navigate under the Family Law Act.
Use this as a guide to help you with the first things to do after separation in South Australia.
Step 1 – Confirm the Date of Separation
It may sound simple, but clearly identifying the date of separation is important.
Why it matters:
It starts the 12-month period required before applying for divorce (for married couples).
It can affect financial arrangements and entitlements.
It establishes a timeline for property negotiations.
You can be considered separated even if you’re still living under the same roof this is called “separation under one roof.” If this applies to you, seek legal advice early to ensure the arrangement is properly documented.
Step 2 – Priorities Immediate Safety and Living Arrangements
If there are concerns about safety, seek urgent support. South Australia provides options including:
Intervention orders
Police assistance
Emergency accommodation
If safety is not an issue, focus on practical living arrangements:
Who will remain in the family home?
How will bills be paid?
What short-term financial support is needed?
Stability in the early stages helps reduce stress while longer-term decisions are being worked out.
Step 3 – Organise Your Finances Early
Financial clarity is critical after separation.
Start by gathering:
Bank account statements
Superannuation balances
Mortgage and loan documents
Credit card statements
Tax returns
Business records (if applicable)
Under the Federal Circuit and Family Court Rules, both parties have a duty of full and frank financial disclosure. Being organised early will make any future property settlement negotiations smoother and more cost-effective.
Avoid:
Draining joint accounts without advice
Hiding assets
Cancelling insurances without understanding consequences
These actions can damage your legal position.
Step 4 – Understand How Property Settlements Work in South Australia
Many people assume assets are divided 50/50. This is not automatically the case.
In property settlements South Australia, the Court follows a four-step process:
1. Identify and Value Assets and Debts
This includes property, superannuation, savings, vehicles, investments, and liabilities.
2. Assess Contributions
Both financial and non-financial contributions are considered including parenting and homemaking roles.
3. Consider Future Needs
Adjustments may be made based on:
Income differences
Care of children
Health and age
4. Ensure the Outcome Is Fair
The final division must be “just and equitable.”
Understanding this framework early helps you make informed decisions rather than emotional ones.
Step 5 – Make Arrangements for Children
If children are involved, their best interests are the top priority under the Family Law Act.
Early considerations include:
Where the children will live
Time spent with each parent
Schooling arrangements
Communication methods
Many families benefit from structured discussions through mediation services. Mediation provides a neutral environment to resolve parenting and financial matters without immediately going to court.
Step 6 – Consider Mediation Before Court
Court should usually be a last resort.
Mediation services offer:
Faster resolution
Lower legal costs
Reduced conflict
Greater control over outcomes
In many cases, mediation can resolve both parenting disputes and financial matters before formal proceedings are required.
You can explore our mediation services to determine whether this option suits your situation.
Step 7 – Seek Early Legal Advice
Even if you want an amicable separation, legal advice is essential.
A family lawyer families trust can:
Explain your rights and obligations
Provide realistic settlement expectations
Help you avoid costly mistakes
Draft legally binding agreements
Importantly, getting advice does not mean you are committing to court proceedings. It simply ensures you are informed before making major decisions.
Common Mistakes to Avoid After Separation
Making verbal property agreements
Transferring assets without documentation
Posting damaging content on social media
Delaying property settlement negotiations
Assuming superannuation is excluded
There are also time limits:
Married couples must apply for property settlement within 12 months of divorce.
De facto couples generally have 2 years from separation.
Missing these deadlines can significantly complicate matters.
When Should You Formalise Property Agreements?
Informal agreements are risky. Even if things are amicable now, circumstances can change.
Property settlements can be formalised through:
Consent Orders (approved by the Court without attending)
Binding Financial Agreements
Proper documentation protects both parties and prevents future claims.
Take Practical Steps Early to Protect Your Future
Knowing what to do first after separation in South Australia can make the entire process less stressful and more manageable. By confirming your separation date, organising finances, prioritising children’s needs, and understanding how property settlements South Australia operate, you place yourself in a stronger position from the outset.
Separation is a major life transition but with the right guidance, it does not have to become a legal crisis.
If you’re ready to move forward with clarity, book a free confidential consultation today and receive practical advice tailored to your circumstances.