Separation 101 (South Australia)

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

Within the first 30 days

1) Safety first

If there’s any risk to you or children, prioritise safety and urgent support. Ensure you have your important documents and seek help if needed.

2) Documents you might need

When you separate, keep copies of important IDs, bank cards and medications. Change passwords to email, banking and shared services.

3) 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.

4) Parenting arrangements

Focus on practical routines that meet the child’s best interests (schooling, healthcare, holidays, communication). You may start thinking about a parenting plan that works well for your child or children.

Things to think about after the first month

1) Property, money and superannuation

• What assets and liabilities do you and your partner have?
• Do you need a new or separate bank account?

2) Property settlement time limits to consider

• Married couples: usually have 12 months to finalise a property settlement after a divorce order takes effect
• De facto partners: usually have 2 years to finalise a property settlement after separation.

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

Support options

1) Negotiation pathways

Options include lawyer-assisted negotiation, mediation, or Family Dispute Resolution. Agreements can be formalised in several ways either by agreement or by Court Orders.

2) 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.