Separation and safety

Safety is a priority. Feeling unsafe directly impacts decision-making capacity.

Ensuring your personal safety emotionally, physically and financially is key to progressing to your future. Safety is also important to protect your financial future. Where someone feels unsafe, they are vulnerable. This is because when a person feels unsafe, they are unable to voice their needs, they may even minimise their own needs and will prioritise the needs to the dominant person in their life. They will find it difficult to engage in negotiations and may even settle for an outcome that is far less than acceptable because they do not feel safe to continue engaging in negotiations, even via Solicitors, with the dominant person.

In this blog, we’ll walk you through how you can protect yourself legally with closure.

So, what is a safe way to start a property settlement?

Firstly, it is essential to appreciate the foundation of domestic violence and the various ways in which unsafe behaviours present in relationships. We recommend reviewing the Charmed and Dangerous publication.

If you believe your ex-partner might attempt to hurt you, make claims against you or prevent you from acting independently, contact the police, a domestic violence counsellor and/or seek legal advice.

Download and work through the Rise & Resolve Privacy checklist. This checklist is a Worksheet from our Rise & Resolve Workbook. The Worksheet is a comprehensive guide to establishing privacy after separation, from banking, mobile phone, health records and so much more. If you would like a copy of the complete Workbook posted to you, join the course here.

Building your support network is important. As you work through this change in your life, you may find that your friendship circles change. Separation can be a time to explore new friendships. What are you doing to care for yourself during this time of change? Self-care means something different to each person. We urge you to take some time to explore what self-care means to you.

How do I protect myself financially after separation?

A good place to start is legal advice. Get advice and guidance about:

1. The process. Understand the resolution pathway and resolution options, from start to end.
2. The immediate arrangements. Who will maintain insurance on the assets? Who will stay living in the house? Immediate access to funds? Servicing the mortgage?
3. The settlement options. How to work out what is fair?

It is also important to seek financial advice. Understand the implications of the various ways in which your settlement may be achieved, for example, what are the potential tax implications if you retain an investment? What are the long-term implications of retaining a greater or lesser amount of superannuation?

Do not delay exploring your options with finance. Speak with your bank or mortgage broker to understand as early as possible how much you can borrow.

Ensure that your estate planning is in order. This means: review and if necessary, update your Will, Power of Attorney, Enduring Guardian and Superannuation Binding Nomination Forms. Ensure you are properly advised in this area as there can be serious implications if you are not advised regarding the way in which your assets are dealt with under your Will. For example, many people are not aware that a property owned as joint tenants with their coowner are dealt with differently to the way in which property owned as tenants in common are dealt with.

Some assets are not included in your Will

Some assets will fall within your Will, and others do not. The advice you receive at your estate planning initial consultation involves much more than simply making a Will. We will help you understand which assets will not form an estate asset, and we will guide you as to how these assets should be dealt with. For example, the below assets are not included as part of your estate under your will:

Task list:

• Contact your Superannuation fund and put in place a Binding Nomination.
• Contact your life insurance and ensure that beneficiaries are up to date.
• Contact your accountant and review your Company constitution.
• Check your property title and review whether any jointly owned property is held as joint tenants or tenants in common. We can complete this search for you.
• Review and secure any jointly owned bank accounts or other assets.

A case study: to help you understand the implications of different types of joint ownership

Sally and Bob co-own their property. They are unsure whether they co-own the property as joint tenants or as tenants in common.

Joint tenants.	Tenants in common.
Sally and Bob own the house as joint tenants.	Sally and Bob own the house as tenants in common.
If Bob dies, Sally will inherit the whole house by survivorship.	If Bob dies, Sally will keep her share of the house. Bob’s share will be distributed according to Bob’s Will or the intestacy laws. Bob’s beneficiaries may demand that the house be sold unless Bob includes a particular clause (life interest) in his Will.

What information should I gather after separation?

Collate your financial documents.

Financial disclosure is a mandatory duty. Organisation is an important step. Having your disclosure collated is an important step in your property settlement. The following is a list of disclosure documents you will need to provide.

Income

• Payslips: three most recent payslips.
• Long service leave accrued
• Notice of Assessments and Tax Returns: three most recent years.
• If applicable, a current Centrelink Income Statement.
• Other income: details of any other income, eg, trust, investment etc.

Assets

• Real Estate: valuation or appraisal for all property owned.
• Vehicles: such as car, bike, boat etc: Redbook valuation and registration details.
• Bank accounts: PDF statements:
  • for the twelve months prior to separation
  • for the period since separation
  • Please include the current balance in your account to date.
• Share or stock: statements detailing the type, value and number of shares/stocks you own.
• Business:
  • Balance sheets, profit and loss accounts, depreciation schedules and taxation returns) for the last three years;
  • Last four BAS Statements;
  • Company Memorandum or Partnerships Agreement.
  • For any trust, the trust deed (including any deeds or amendment or minutes amending the terms of the trust).

Liabilities

• Mortgage: PDF Statements of your home loan account with your bank.
• Credit card and other loans: PDF Statements for the twelve months since separation and period since separation.
• Other debts: provide evidence such as statements for any other debt, eg, tax debt, HECS debt, payment plans etc.

Superannuation

• Member Statement or evidence of value from your super fund: as at the commencement of the relationship; end of the relationship; and current.
  • Or, for a SMSF: Trust deed and three most recent financial statements.

For comprehensive support regarding the documents you should collate, you should refer to the Rise & Resolve module 4. In module 4, the Guidebook will explain critical aspects of the financial disclosure process including common pitfalls. The module 4 worksheets will guide you through exactly what documents to collate and how to keep a record of the documents that have been exchanged.

Should I move out of the family home?

When considering moving out of the family home, you need to consider a few things first:

• Safety: Is it safe for you to stay/leave the family home?
• Children: Will there be severe implications for the children?
• Finances: Is it possible to move out and stay afloat? Is either party running a business from home? Is it possible to continue servicing the mortgage?
• Outcome: Is one person wanting to retain the home?

As each circumstance is different, it is best to obtain legal advice.

Although action is pivotal in both applying for property settlement and the process of separation itself, above all you should put your safety first. Safety—emotional, financial, and legal is the foundation for a smooth path forward to completing your property settlement and attaining fair outcomes.

Want more in-depth information and support? Consider the Rise & Resolve! An Empowered Pathway to Clarity, Compassion and Resolution.

Rise & Resolve will provide you with a plethora of resources to guide you on your journey while facilitating your well-being and safety. Through Rise & Resolve’s program, you’ll learn about the succinct details of legal processes with support from real, reliable lawyers to ensure a secure pathway you can confidently walk through to the end.

The Philosophy Behind Rise & Resolve

The effectiveness of the Rise & Resolve program is grounded in a simple yet powerful philosophy: that meaningful resolution can only occur when safety, clarity, purpose, compassion, and voice are developed — in that order. Each stage builds upon the other, forming a transformative journey from fear to freedom, from confusion to confidence, and from conflict to calm resolution.

The first stage is cultivating Safety — the foundation of healing and clarity. Safety is not a luxury; it is a fundamental human right. Yet, in the context of relationship breakdowns, particularly those marked by control, manipulation, or emotional harm, safety is often the first thing to disappear. Without it, no genuine progress can occur.

At Rise & Resolve, we begin by creating safety: safety to think, to feel, to express, and to decide. This involves more than physical or legal protection. it’s about fostering emotional safety, the internal sense that it’s finally okay to breathe, reflect, and begin again. When participants feel safe, their nervous systems settle, their perspectives widen, and their capacity for decision-making strengthens. Safety is not just the first step, it is the soil from which all other growth emerges.

Join the program here.