The beginning of a new year often encourages people to reassess their circumstances. For many, that reflection includes the difficult decision to separate from a partner. Separation is emotionally heavy, but it can also be a time where clarity and structure can help you regain stability. Understanding your legal position early can make the path ahead less uncertain.

Understanding the legal meaning of separation

In Australia, separation occurs when at least one person decides the relationship has ended and communicates that decision to the other person. You do not need to move out to be considered separated. What matters is the intention and a clear change in how you live together as a couple.

Many people are surprised to learn that they can be separated under one roof. This is recognised under family law, provided there is evidence that the relationship has ended. You can learn more about this concept here.

Knowing the exact date of separation is important. It can affect property settlement time limits and future divorce proceedings. It is helpful to make a note of key conversations, dates or changes in living arrangements, as these details may be relied upon later in the process.

Taking stock of your financial position

After separation, organising your financial information is a critical step. These documents form the foundation of any property settlement negotiations.

Both parties are legally required to provide full and frank disclosure of all relevant financial information. This process is known as disclosure and includes documents such as:

• Bank statements
• Superannuation statements
• Tax returns and notices of assessment
• Business and trust documents
• Property valuations and mortgage statements

Failure to disclose relevant information can result in serious consequences, including court penalties, adverse cost orders or findings of contempt.

We understand that gathering this information can be time-consuming and emotionally draining. However, the sooner this information is organised, the sooner your solicitor can develop a clear picture of the asset pool and liabilities. This allows for informed advice and effective negotiation, helping to protect your financial interests.

Prioritising children and parenting arrangements

If you have children, their well-being will be central to every decision moving forward.

Thoughtful and practical parenting arrangements can provide children with consistency and reassurance during a period of change.

When preparing a parenting plan, parents should consider a wide range of factors, including:

• Living arrangements: Where the child or children will primarily live
• Time spent with each parent: Guidelines for time and communication when the children are with the other parent
• Parental responsibilities: Day-to-day responsibilities such as extracurricular activities and routines
• Major decisions: Agreement to jointly make decisions in the best interests of the children
• Financial arrangements: How costs associated with raising the children will be managed
• Education: Schooling, tutoring, daycare or preschool arrangements
• Healthcare: Medical, dental and allied health decisions and costs
• Religion: Whether religion will be practised and what that involves
• Extended family and social connections: Contact with friends, relatives and other important people
• Children’s views: Taking into account the wishes of the children in an age-appropriate way

Orman Solicitors can help you understand what is considered practical, reasonable and child-focused under the Family Law Act.

Options for formalising parenting arrangements

Many parenting arrangements can be made without going to court, allowing families flexibility as they adjust to new routines. Your options may include:

• Parenting Plans: Written agreements between parents that outline arrangements. These are flexible but not legally enforceable.
• Consent Orders: Agreements reached between parents and approved by the Court, making them legally binding and enforceable.
• Parenting Orders: Court-determined arrangements made when parents cannot reach agreement, based on the best interests of the children.

Looking ahead with practical support

Separation is not only a legal process, it involves emotional, financial and personal change. Working with Orman Solicitors means you do not have to navigate these challenges alone. Professional guidance can simplify complex decisions, reduce conflict and protect your long-term interests, allowing you to move forward with clarity.

It can be difficult to know when to seek legal advice. Many people wait until they feel overwhelmed. Reaching out early can ease uncertainty and prevent avoidable issues.

Family law solicitors can advise you on:

• Property division
• Parenting arrangements
• Interim living and financial arrangements
• Time limits and requirements for divorce
• Your rights and obligations during separation

Understanding these issues early can provide a stronger foundation and help avoid disputes later.

Starting 2026 with informed choices

If separation is part of your new year, you do not need to face it without guidance. Clear information and the right legal support can reduce uncertainty and help you protect what matters most.

Orman Solicitors supports individuals across Sydney, Wagga Wagga and Regional NSW with practical, clear and empathetic family law advice. With the right guidance, you can take the next steps with confidence and direction.