A marriage separation form or separation details form is a document that you need to submit to Services Australia to inform them about you and your partners’ separation.
In this article, we will help you in filling up the marriage separation form, compiling documentary requirements, and other essential information about the process of separation in Australia.
Australian family law has specific rules and requirements when it comes to divorce or separation. In this phase of your life, you may feel an overwhelming amount of stress and frustration. To ease up your burdens, seek legal assistance from family lawyer who can be with you every step of the way.
What’s a Marriage Separation Form?
A marriage separation form is a requirement by Services Australia. You can submit this form online through your myGov account. Note that in filling out this form, you don’t need your ex-partner to enter their details in the form. Download the form here.
The marriage separation form requires you to disclose all your basic personal information such as your name, date of birth, contact number, and address. Moreover, there are also a few questions on domestic violence in this section.
Aside from that, the marriage separation form also asks about some personal details about your ex-partner and your relationship. Also, you must input important information about your children and your income and assets.
Furthermore, you must also fill out parenting payment details such as your bank branch and bank account number. Note that before submitting this form, you must:
- Double check if all blanks have been filled in.
- Disclose required information and attach required forms and documents.
- Sign the form and input the date of signing.
Services Australia will contact you if they require additional information or documents.
To submit your marriage separation form, you have three options:
- Online through myGov account; or
- If you can’t submit online, mail the completed form to the following address:
Services Australia
PO Box 7802
CANBERRA BC ACT 2610
- Submit the form at one of Service Australia’s service centres.
Marriage Separation Form Document Attachments
What documents should you prepare when submitting a marriage separation form? To give you an idea of what to submit, here are some examples:
- Employment Separation Certificate form
- Centrelink and non-Centrelink medical certificates
- Employer separation certificates
- PAYG certificates
- Tax returns
- Profit and loss statements
- Income and assets forms
- Bank or share statements
- Group certificates or payment summaries
- Medical evidence (e.g. letters from doctors or hospital, medical reports)
- Rent certificates
- Proof of asset ownership documents
- Rates notices
- Rental contracts
- Birth certificates
- Adoption or surrogacy agreements
- Child care receipts
- Certificate of income from overseas
- Certificate of residence status
- Letters from foreign governments
- Family Court documents
- Payslips
- Identity documents
Be careful when uploading these documents to your myGov account. Follow these marriage separation form guidelines to avoid issues:
- Make sure the document file is under 10MB.
- The document format must be any of these formats: pdf, png, jpeg.
- You can only include up to 10 documents for each upload.
- Remove the password protection setting from the document.
- Make sure that you’re uploading the right document.
- Do not upload documents with the following
- Distressing, intimidating, or offensive images;
- Photos of the human body as evidence of physical injuries; or
- Illegal illustrations or images.
If you need help with the documentary requirements, seek the assistance of a family lawyer.
Marriage Separation Checklist
To give you a headstart in the process of separation, here’s a checklist of things that you must consider:
- Firstly, update your personal details with your bank, phone, utility, and internet companies.
- Secondly, get a bank account with your name.
- You may now then update your myGov and Express Plus accounts passwords.
- don’t forget to update your will and superannuation beneficiaries.
- Next, discuss arrangements in dividing properties and assets.
- Afterwards, discuss arrangements in relation to child care and living situations.
- Organise your bills and paperwork.
- Sort out your mortgage by working out how you will make mortgage repayment until property is settled.
- If you’re experiencing domestic violence (sexual, financial, physical), get professional help immediately. Call 000 if you are in danger or need help with a protection order.
- Finally, get legal advice from a competent family lawyer.
These can be overwhelming but if you take it one step at a time, you’ll get through your checklist in no time. Trust that your family lawyer will take care of the complicated documents and processes in the checklist.
Separation Agreements
Aside from submitting a marriage separation form, you also need to prepare separation agreements. What are these and why do you need one?
Separation agreements help create a seamless separation process. This is because if there’s a written and fair agreement between you and your ex-partner about matters concerning the relationship, less conflict will possibly arise in the long run. Moreover, each party will know what their obligations are to the other party or to the children.
Here are some examples of separation agreements:
- Financial support
- Parenting arrangements
- Payment of debts
- Dispute resolution mechanism
- Superannuation division
A separation agreement is different from Binding Financial Agreements (BFAs). Although both these documents deal with the division of assets and liabilities in the event of a separation, there’s a fundamental difference between the two.
A separation agreement is essentially informal and non-binding because it is merely a record of the ex-couple’s plans and intentions concerning matters relating to property, child care, and finances.
On the other hand, a binding financial agreement is a formal document under the Family Law Act 1975. This is a legally enforceable contract that sets out the division of the financial affairs of the ex-partners upon separation.
Parties who already have a preliminary agreement but are not quite sure as to their long-term plans, they can utilise a separation agreement. However, if the parties have a complex financial situation, they must resort to a binding financial agreement.
READ: Separation Financial Agreement: Do You Need It?
Do You Need a Family Dispute Resolution Practitioner
JB Solicitors’ family lawyers specialise in divorce and separation cases. To guide you through your separation journey, schedule a quick consultation with one of our solicitors. We can thoroughly explain to you the process, requirements, and other matters relating to separation.
We also offer independent legal advice in the following matters:
- Child custody and visitation
- Child support, spousal maintenance, and other financial arrangements related to the family law matter.
- Adoption
- Guardianship
- Domestic violence and family violence cases
- Court representation for marriage like relationship matters
- Property division for married couples and people in a de facto relationship
- Help draft a jargon free separation agreement
Contact us today if you want to draft your written agreement about various family relationships cases.
