Separation 101 (South Australia)

General information only, not legal advice. Everyone’s situation is different. Get tailored advice before making decisions.

1) Look after safety and essentials

If there’s any risk to you or children, prioritise safety and urgent support. Keep copies of important IDs, bank cards and medications. Change passwords to email, banking and shared services.

2) Record the date of separation

Write down when you separated. Separation can occur even if you continue living in the same home (“separated under one roof”). The date matters for eligibility to apply for divorce and for financial timelines.

3) Parenting arrangements

Focus on practical routines that meet the child’s best interests (schooling, healthcare, holidays, communication). A parenting plan is a written agreement. You can later apply for consent orders to make an agreement legally enforceable.

4) Property, money and superannuation

• Make a simple schedule of assets (home, cars, savings, super), liabilities (mortgage, loans, tax), and financial resources.
• Gather statements, tax returns, super balances and property appraisals where possible.
• Open a new bank account for your income if needed. Update direct debits and consider closing joint credit where appropriate.

5) Time limits to keep in mind

• Married couples: generally within 12 months after a divorce order takes effect.
• De facto partners: generally within 2 years of separation.

If deadlines have passed, you may still seek the Court’s permission to apply “out of time” in limited circumstances. Get advice early.

6) Negotiation pathways

Options include lawyer-assisted negotiation, mediation, or Family Dispute Resolution. Agreements can be formalised by consent orders or a Binding Financial Agreement where appropriate.

7) Update your planning documents

Review your Will, superannuation death benefit nominations, and any Enduring Power of Attorney or Advance Care Directive to ensure they reflect your wishes following separation.