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Separation in Australia: What Happens Next? A Step-by-Step Guide for 2026

Many Australians start the separation process at the start of a new year.

If you’re beginning this journey now, the biggest thing you need is clarity around what actually happens next.

This guide breaks down the stages of separation in Australia. Simply, clearly and without the legal noise.

If you’re wondering “what happens now that I/we have decided to separate?” – the following will help give you some clarity on the process.


STEP 1 — You separate (no paperwork required)

In Australia, separation happens when one person decides the relationship is over and communicates it.

You do not need to:

  • file a form

  • move out

  • get consent

  • organise assets immediately

Separation is the start of a process, not a single event.


STEP 2 — Parenting arrangements come first

If you have children, their stability is the priority.

Parenting arrangements focus on:

  • children’s routine

  • safety

  • school

  • communication

  • transitions between homes

  • minimising conflict

Most arrangements begin informally.
They can later be formalised through agreement or orders.


STEP 3 — You start gathering financial basics

You don’t divide anything today.
You simply collect information.

Key documents include:

  • bank accounts

  • mortgage/lease

  • super

  • assets

  • debts

  • tax returns

This forms the foundation for the next steps.


STEP 4 — You explore negotiation pathways

Most separations in Australia settle without court.

Options include:

  • lawyer-assisted negotiation

  • mediation

  • collaborative law

  • parenting and financial agreements

  • consent orders

The right path depends on complexity, safety, communication and goals.


STEP 5 — Financial settlement begins

Financial settlement looks at:

  • contributions (financial and non-financial)

  • parenting arrangements

  • future needs

  • asset pool

  • debt structure

The goal is a fair, practical outcome — not a win/lose battle.


STEP 6 — You finalise agreements legally

Your agreement becomes formal through:

  • a Binding Financial Agreement, or

  • Consent Orders (for parenting, property or both)

These documents protect you from future financial claims and provide stability for the children.


STEP 7 — You begin building your new normal

Once agreements are in place, the focus shifts to:

  • routines

  • co-parenting

  • emotional recovery

  • financial independence

  • long-term planning

This is where clarity grows and stress begins to settle.


Separation feels enormous, but the process is structured and manageable with the right support.

The most important thing you can do now is get clear, early advice so you take the right steps from the start. With steady guidance, separation can happen calmly, constructively and with far less conflict than most people expect.

If you’d like to learn more about your next steps, you can book a free 15-minute call with our team by clicking here.