When we give separation legal advice, the first thing we generally recommend is to formally document the end of the relationship, preferably in writing such as by letter, text message or email to the other party. We will remind you to keep a copy, and to make a note on the document of the place, date and time it was delivered. An email is good because it creates an electronic date and time stamp. If there are reasons why this is not practical, document those reasons and the situation as you see it. If you engage us at this early stage, you can send us emails that record each step you take. Incoming emails automatically have a date stamp from the computer server. Alternatively, you can arrange to write out a statement and have this record formally witnessed, such as by a Justice of the Peace (JP) – noting that a JP only witnesses your signature and does not read the document.
The reason this step is important is that separations in Australia are not formally registered and can therefore be disputed, so the more evidence you collect and retain the better. If you move out of your shared home then documents such as bills and leases showing your new address, are all potential evidence. Even text messages can be saved and used in evidence. Because electronic communication is potential evidence, we strongly advise you keep email, text messages, and social media to a bare minimum and never use it to exhibit anger, frustration, or retaliation – no matter the provocation. It can all be used as potential evidence against you.
Make sure you have either copies or details of all bank accounts, bank statements, loan agreements, all liabilities and assets (cars, boats, anything with a notable value), lease/rental agreements, information related to businesses, mortgages, investments and superannuation, deeds (arrange property searches if necessary), emails and email account details, social media posts, phone bills, utility bills, your will, and any and all other similar or personal documents no matter how insignificant they may seem right now.
If your partner can access your personal accounts, you need to know what you will have to do to make your personal accounts (bank, phone, laptop, email etc) accessible only by you, and how long that will take. Create new passwords on bank accounts, computer, phone, and others. Make sure joint accounts are ’dual signatory’; change PINs and passwords, lower your daily transaction limits, and think about a lock your credit cards. Keep a diary of everything that happens during this difficult time.
