Separation Checklist

by FindLaw Team

There is a lot to think about when separating from a partner. Here's a quick checklist on what to think about and what to do in family separation. Of course, speaking to your lawyer will ensure that in "separation" the I is dotted and the T is crossed!

Children

  • Where the children will live
  • Visitation arrangements, including grandparents
  • Passports, which affects international visitation
  • Educational decisions affecting school attendance
  • School fees and other further education expenses for the children
  • Child Support (amounts, duration and future reviews)
  • Special needs, including diet and disability

Home and property

  • Division of the family home and personal property, including furniture and cars
  • Pensions - it may come as a surprise to know that your biggest asset may not be your home.
  • Spousal maintenance (including amount, duration and provision for future reviews)
  • Superannuation entitlements
  • Ensuring future obligations are met, such as life insurance

Liability and responsibility of debt and credit

  • Mortgages and deeds
  • Loans - bank, student, home, personal
  • Credit card liabilities
  • Tax liabilities such as income, capital gains
  • Bankruptcy issues
  • Division of investments, savings, shares
  • Legal and other professional fees

What to think about and what to do

  • List all assets and liabilities showing costs and current values
  • Obtain original or certified copies of all documentation including statements to show ownership and value
  • Notify relevant organisations of the change in your circumstances
  • Consider hidden assets
  • Revise an existing will or make a new one


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