It
is inevitable that during a period of such extreme stress as a relationship
breakdown, that people will make mistakes. More often than not, any mistakes
made by you will be fixable. They could also potentially be avoidable.
Knowing
the most common mistakes that are made could help you in knowing what to do and
what to avoid doing during and after a separation.
1. Failing to obtain expert legal advice early
Many delay speaking with a family lawyer—thinking that the split is amicable or being worried about costs. But early advice helps you understand key timelines, such as;
- the fact that you need to be separated for at least 12 months before you can apply for a divorce;
- there are time limits for filing a property settlement – within 12 months of a divorce order or within two years for de facto relationships.
Speaking to a family lawyer early on in the separation avoids rushed emotional decisions and procedural missteps.
2. Hiding or dissipating assets
Some parties mistakenly believe that they can move assets, dissipate joint funds, or transfer property post-separation without consequences. But the Family Court treats such behaviour seriously and it could result in you receiving less from a property settlement than you otherwise would have received. Concealing assets jeopardises your settlement credibility and court outcomes.
3. Not complying with Financial Disclosure obligations
At any time after a separation, subject to the time limits mentioned above, a person can begin the process for a property settlement to determine how the property pool is going to be divided. The first step in this process is for the parties to exchange financial disclosure information.
Often, people will ignore requests for financial disclosure in the hopes that it will just go away. Doing this will only hinder your case later on. Both parties have a legal obligation to provide financial disclosure. If the matter goes to court, the Court could make adverse findings against you for your failure to provide full and frank financial disclosure. This can result in you receiving significantly less in the property settlement.
4. Skipping Family Dispute Resolution (FDR)
Under s 60I of the Family Law Act 1975, separated parents must attend accredited Family Dispute Resolution before applying to the Court for parenting orders, unless exemptions (like family violence) apply. Skipping this step can delay filings and may result in the Court dismissing the application or imposing costs.
5. Neglecting children’s best interests
Some parents make decisions based on emotion or try to involve children in adult disputes. But under s 60CC of the Family Law Act 1975, the Court’s paramount concern is the child’s best interests— while the Court recognises that it is usually in the child’s best interests to have a meaningful relationship with both parents, the child’s safety will always be the number one consideration for the Court. Undermining this can harm your case, and trip courts to prioritise child safety over relationships.
Practical Guidance: What to Do Instead
|
Mistake |
Proactive Step |
|
Waiting to get legal advice |
Consult a Family Lawyer immediately |
|
Moving or hiding assets |
Maintain joint account transparency and legal oversight |
|
Disclosing Financial Information |
Seek legal advice and provide the documents that have been requested of you in a timely manner |
|
Bypassing FDR |
Attend accredited Family Dispute Resolution early |
|
Emotional decisions or involving children |
Focus on child welfare, not retribution or blaming |
By being proactive—getting legal advice early, being transparent and careful with finances, complying with your obligations, participating in mandatory dispute resolution, and keeping children’s interests first—you avoid costly missteps.
Family separation doesn’t have to be mess or conflict. With the right support, planning, and legal compliance, you can help ensure outcomes that are fair, stable, and respectful of everyone’s future.
Click here to get in touch with one of our experienced Family Lawyers to discuss your separation and how we can help you move forward.