Your Personalised Roadmap

Quietly gather information about household finances (accounts, super, investments)

Once separated, accessing joint info becomes harder. Knowledge now = leverage later.

List all assets and liabilities you know of (including spouse's)

This becomes your baseline for the property pool — you'll need this for the 4-step test.

Make copies of: tax returns, bank statements, super statements, payslips, ATO notices

You have a duty of disclosure (Rule 6.06). Having your own copies prevents being held hostage to the other party providing them.

Document any family violence, financial abuse, or coercive control patterns

Affects parenting, property, and your safety planning.

Identify a separate bank account in your name only

You'll need somewhere safe for your salary and a financial cushion.

Speak confidentially with a free Community Legal Centre or Legal Aid

Free, confidential, and gives you a baseline understanding before paying anyone.

Read about the 4-step property test and Family Law Act 1975 basics

Understanding the framework prevents being bullied by misinformation later.

Establish and document the separation date (in writing, even via text)

Starts the 12-month divorce clock.

Notify Centrelink within 14 days if relevant (affects Family Tax Benefit)

Failure can mean overpayments you have to repay.

Update emergency contacts, medical records, beneficiaries on super and life insurance

Legally significant if something happens to you.

Open a personal bank account in your name only (if not already done)

Your salary and any cash reserves should not flow through joint accounts during this period.

Cancel joint authorities — credit cards, redraw facilities, ATO portal access

Prevents the other party running up debt you become liable for.

Take inventory photos of household contents, valuable items, vehicles

Photos with timestamps protect you.

Update your will — separation does NOT automatically revoke a will to your ex

In most states, separation alone does not change your will.

Save copies of important documents in cloud storage you alone control

Originals can be destroyed or hidden. Cloud copies can't.

Read Schedule 1 of the Family Law Rules 2021 (pre-action procedures)

Required to certify compliance.

Send a written letter to the other party setting out your proposal

Must outline issues, propose dispute resolution, exchange disclosure.

Provide initial disclosure: tax returns, payslips, bank statements, super

Rule 6.06 obligation.

Request the same disclosure from the other party

They have the same obligation.

Attempt Family Dispute Resolution (FDR) for parenting matters

Section 60I certificate is required to file parenting application.

Try mediation for property matters

Cheaper than court.

Get an independent valuation of the family home (if disputed)

Property valuations are often the largest single item.

Consider getting a Binding Financial Agreement (if reaching settlement)

Avoids court entirely if you can agree.

Apply for Legal Aid (income-tested) if you may need representation

Apply early so it's ready if needed.

Decide: Are you the Applicant or Respondent? Are you filing or being served?

Different timelines and strategies apply.

Register on the Commonwealth Courts Portal (comcourts.gov.au)

All filing happens electronically.

Prepare and file the Initiating Application (Family Law)

Formally starts proceedings.

File the Genuine Steps Certificate (mandatory)

Confirms compliance with pre-action procedures.

File a Section 60I Certificate (parenting matters only)

From an accredited FDRP.

File supporting Affidavit setting out the relevant facts

This is your sworn evidence.

File Financial Statement (Form 13) for property/maintenance matters

Sets out your full financial position.

File Notice of Risk (Form 4) if family violence or child safety concerns

Triggers safety planning.

Pay the filing fee (or apply for fee reduction if concession card holder)

Filing fee usually applies.

Serve the application on the other party correctly

Wrong service delays everything.

File Affidavit of Service to prove service was completed

Court requires proof.

If served: file your Response to Initiating Application within 28 days

Default time limit.

If applicant: receive and review the Response carefully

Tells you what the other party is asking for.

Complete the confidential Lighthouse Family DOORS Triage risk screen

Mandatory in parenting matters.

File a Response Affidavit if disputing facts in their Affidavit

Don't leave their version unchallenged.

Update your Form 13 if your financial position has changed

Ongoing duty of disclosure.

Identify whether you might qualify for the Priority Property Pool (PPP) list

Faster pathway for smaller pools.

Consider whether interim orders are needed (occupation, support, parenting)

Interim orders for urgent needs.

Read the directions notice carefully

Know date, time, registry, mode.

Prepare a one-page summary of issues in dispute and orders sought

Registrar will ask you to summarise.

Bring evidence of pre-action (proof of disclosure, mediation)

Registrar will assess compliance.

Attend the hearing

Failure to attend can mean orders made in your absence.

Take careful notes of any directions and orders made

You'll be expected to comply.

Request orders for disclosure if other party hasn't complied

Court can compel disclosure.

Note any orders for valuations, expert reports, or further documents

These have deadlines.

File the Application in a Proceeding (interim application)

Separate from the main case.

File a comprehensive Affidavit setting out the urgency and basis

Interim hearings decided on affidavit evidence.

Identify exactly what interim orders you seek and why

Be specific.

Attend the interim hearing and respond to submissions

Decision is made same day or shortly after.

Comply with interim orders fully and on time

Non-compliance is taken seriously.

Provide complete tax returns and notices of assessment for past 3 years

Rule 6.06 requirement.

Provide all bank statements for the disclosure period (12 months min)

Rule 6.06 requirement.

Provide superannuation statements for all funds

Super is property in Australia.

Provide business records if running a business

Business interests often undervalued.

Provide trust deeds if a beneficiary of any trust

Trust assets may be property.

Get independent valuations: family home, investment properties, business

Joint instructions to a single valuer is cost-effective.

Identify any disposals of assets in 12 months before separation

These can be added back to the property pool.

Cross-check the other party's disclosure for inconsistencies

Compare lifestyle and declared income.

Issue Notice to Produce or Subpoenas if disclosure is incomplete

Banks, employers, ATO can be subpoenaed.

Sign the Undertaking as to Disclosure

Required at compliance and readiness hearing.

File documents required prior to the conference

Constructive negotiation requires complete information.

Prepare a settlement offer with reasoning grounded in the 4-step test

Offers backed by legal principle are taken more seriously.

Get a costs estimate from your lawyer (if you have one)

Affects settlement evaluation.

Identify your "walk-away" position

Knowing your minimum prevents emotional decisions.

Attend the conference

Settlement reached here saves significant costs.

If settlement reached: draft Consent Orders to formalise

Without consent orders, an agreement isn't legally binding.

If no settlement: identify which issues are still in dispute

Narrows the focus for the next stage.

Attend Court Child Expert interview (you, your ex, the children separately)

Most weight-bearing process in parenting cases.

Read the Child Impact Report carefully when issued

Tells you the recommendations and observations made.

If an Independent Children's Lawyer (ICL) is appointed, engage cooperatively

ICL represents the children's best interests.

Consider whether a Family Report is needed

Final hearing usually requires a Family Report.

Provide all medical records, school reports, expert assessments relating to children

Required disclosure under Rule 6.05.

File your Undertaking as to Disclosure (with list of documents)

Required at least 7 days before the hearing.

File the Certificate of Readiness

Confirms you've complied with all directions.

File your Trial Plan and witness list

You won't be allowed to call witnesses you didn't list.

File any updated affidavits or expert reports

Final opportunity before trial preparation locks down.

Verify the other party has also complied with their obligations

Documenting their failures is useful.

Prepare proposed tender bundle

Final hearing requires a single bundle.

Attend the Compliance and Readiness Hearing before the Judge

Judge will set trial date and final directions.

Confirm witness availability for trial dates

Witness scheduling is critical.

File any subpoenas for witnesses (Form 7)

For witnesses who won't voluntarily attend.

Lock down the scope of issues

Narrowing issues saves trial time.

Provide updated tender bundle with index

Must be in proper court format.

Prepare opening statement (5 minutes)

First impression with the trial Judge matters.

Prepare cross-examination questions

Cross-examination tests credibility.

Arrive early — courts are formal environments

Late arrival to your own trial is a disaster.

Dress appropriately — business attire, conservative

Judges form impressions.

Address the Judge as "Your Honour"

Basic court etiquette.

Present opening statement clearly and concisely

Sets the framework for how the Judge sees your case.

Examine your witnesses

Each witness supports your case.

Cross-examine the other party

Establishes or destroys credibility.

Closing submissions — apply the law to the evidence

Your final chance to persuade.

Wait for judgment — usually reserved 3 to 6 months

Few matters get immediate judgment.

Read the judgment carefully — multiple times — with a lawyer

Final orders are legally binding.

Calculate any costs orders made and arrange payment if owed

Costs typically paid within 28 days.

Apply for divorce (if not already done)

Divorce is separate from property/parenting orders.

Implement property orders — transfer of titles, super splitting

Super splitting orders go to the trustee.

Set up parenting arrangements per orders

Compliance from day one establishes the pattern.

Update wills, Powers of Attorney, super beneficiary nominations

Final orders don't change these.

Consider whether to appeal (28-day window)

Appeals are rare and time-sensitive.

Refinance any mortgage into your sole name

Joint mortgages remain a liability until refinanced.

Update beneficiaries on super, life insurance, bank accounts

Your ex may still be the default beneficiary if not updated.

Review and update your will (post-orders)

Your circumstances have changed.

Set up a new budget reflecting single income/expenses

Plan for cash flow changes.

Connect with Centrelink for any updated entitlements

Single Parenting Payment, Family Tax Benefit, etc.

Focus on emotional recovery — counselling, support networks

Recovery is non-linear.

Build new social connections and routines

Identity rebuilding takes deliberate effort.