When facing the reality of a marriage breakdown, it’s essential to get clear, practical advice from both a trusted child custody lawyer and an experienced divorce lawyer. A divorce lawyer can help you in asset division, while a child custody lawyer ensures the best outcome for your children. With so much at stake, being proactive about your financial security during divorce is one of the most important steps you can take.
Divorce is often referred to as one of life’s most stressful events, and money is usually at the heart of that stress. Untangling years—or decades—of shared assets, income, debts, and obligations can feel overwhelming. However, with thoughtful planning and the right support, you can protect your financial health and set yourself up for a more secure future.
Understand What You Own and Owe
The first step is to get a clear picture of your current financial situation. Make a complete list of all assets, including your family home, investment properties, bank accounts, superannuation, shares, vehicles, and valuable personal items. Equally important is listing any debts—such as mortgages, credit cards, car loans, and personal loans.
Gather supporting documents like bank statements, tax returns, mortgage documents, superannuation statements, and recent appraisals for any property. Having this information ready will help you and your legal team negotiate a fair settlement and prevent surprises later on.
Close or Protect Joint Accounts
Many couples share bank accounts, credit cards, and lines of credit. During separation, joint accounts can become a financial risk if one party racks up debt or withdraws large sums without consent. To safeguard yourself, consider closing joint accounts or converting them to require both signatures for withdrawals. Open new personal accounts in your name only for your income and essential expenses.
Also, keep an eye on your credit report to ensure there are no unexpected debts taken out in your name.
Track Your Expenses
Divorce often means going from one household to two, which can significantly impact your cash flow. Start tracking your spending so you know exactly how much you need to maintain a reasonable standard of living. This record can be vital evidence during settlement negotiations or when applying for spousal support.
Draft a new budget based on your likely post-divorce income and expenses. It’s wise to plan for unexpected costs, such as moving, setting up a new home, or paying for counselling or legal fees.
Know How Property Settlements Work
Australia’s family law system aims for a fair and equitable division of property rather than an automatic 50/50 split. The Family Law Act considers factors like the length of the marriage, financial and non-financial contributions, future earning capacity, and the care of children.
It’s important to get clear advice about your entitlements early. Don’t assume you know what’s “fair”—this is where your legal team plays a key role. Settlements can include superannuation splitting, so understanding the value of both parties’ super funds is crucial.
Consider the Family Home
Deciding what to do with the family home can be an emotional and financial sticking point. Some people want to keep it for the children’s stability, but doing so isn’t always practical if it puts undue financial strain on one party.
If you plan to keep the home, be realistic about whether you can afford mortgage repayments, maintenance, and other costs on a single income. If selling is the better option, work towards an agreement on timing and how the proceeds will be divided.
Plan for Your Children’s Needs
If you have children, child support payments will likely be part of your financial picture. Understand how child support is calculated and budget for how it will affect your income or expenses.
In addition to formal child support, think ahead about school fees, extracurricular activities, healthcare, and any special needs your children may have. Having these discussions early—ideally through mediation or with guidance from your legal team—can help avoid costly disputes down the track.
Protect Your Superannuation
Superannuation is one of the biggest assets for many Australian couples. It’s important not to overlook its significance. The law allows for super splitting orders, which can divide super balances between parties.
Get a clear valuation of all superannuation accounts and seek advice about how any split may affect your retirement plans. Don’t be tempted to waive your rights to super in favour of other assets without understanding the long-term impact.
Update Legal and Financial Documents
Once you separate, it’s critical to update your will, insurance beneficiaries, and any enduring power of attorney. Failing to do so could mean your ex-partner remains entitled to your estate or insurance payout should something happen to you.
It’s also wise to review your tax arrangements. Changing your marital status can also impact your tax brackets, entitlements, and deductions.
Seek Professional Guidance
It might feel tempting to cut corners and handle everything yourself, but this can be a costly mistake in the long run. Engage a trusted divorce lawyer to guide you through the settlement process and make sure your rights are protected. If you have children, a child custody lawyer will help you navigate complex parenting arrangements.
Also, consider taking the help of a financial planner or accountant who understands the financial implications of divorce. They can help you forecast your post-divorce financial position, plan for retirement, and rebuild your savings.
Look Ahead with Confidence
Protecting your finances during divorce isn’t just about dividing assets—it’s about giving yourself a stable base to rebuild your life. While it can be daunting, remember that you don’t have to do it alone. With good advice, clear information, and the right mindset, you can come out of this chapter ready to embrace the future with security and confidence.