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Family & Defacto Law

My Relationship Has Broken Down: What Should I Do First?

Written By Bateman Battersby •

 February 9, 2026

In this article

Relationship breakdowns are, unfortunately, a part of life. Whether you are in a marriage or a de facto relationship that is showing signs of coming to an end, the uncertainty of what lies ahead can feel overwhelming. Knowing where to start, and understanding your options early, can make a significant difference to the decisions you make and the outcomes you achieve.

Why Early Legal Advice Matters

Our number one piece of advice for people who sense that their relationship might be coming to an end is to get some legal advice early.

It is not weak, or disrespectful, to hope for the best but prepare for the worst. Understanding what may lay ahead is not condemning your relationship to fail; it is helping to insulate you against what can be an extremely stressful time for both you and your partner.

Getting advice early about what your options are can help to clear your head so that, as you make decisions about the direction in which your relationship is headed, you are doing so with as much information as possible.

Every Relationship Is Different

Relationships come in all shapes and sizes, and the legal considerations that arise when a relationship ends will depend on your circumstances.

You might be in a traditional marriage with a nuclear family and a straightforward situation: the family home, a few children that you love dearly, and a Labrador.

Perhaps your relationship is less advanced but still significant, like a de facto relationship. You have been living together for a number of years, might not have any children, but your lives are very much intermingled, including financial matters like savings and real estate investments, including your principal place of residence.

For some people, it can get even more complex. Maybe you have been married for decades, have a number of children, various investments in property and other assets, and also have a business you built from the ground up and have worked in together for years.

In all of these cases, bringing your relationship to an end could have legal ramifications.

The Key Issues to Consider

When a relationship breaks down, there are a number of important matters you may need to address:

  • How your assets will be divided
  • If you have children, how custody and parenting arrangements will be shared
  • If you have a business, the practical realities of how it can continue to operate when the personal relationship of the owners has broken down

Of course, there are other scenarios where there are far more serious circumstances to consider. This includes cases of family violence, coercive control, and financial or other forms of abuse. These are very difficult things to grapple with; however, forewarned is forearmed.

How Our Family Law Team Can Help

Our family law team can help you irrespective of what stage you are at.

If you just want to get some confidential advice about what could happen if your relationship takes a turn for the worst, we can help with a family law consultation to provide you with information about the things you need to consider.

If you are in the unfortunate situation where the differences between you and your partner are irreconcilable and you need to unravel things like joint property ownership, combined or shared assets, custody of children, and all other matters pertaining to family law, we have an experienced team ready to help you.

Get in Touch

If you would like family law advice, please do not hesitate to contact our experienced team to discuss your situation. With more than 40 years of service to the Penrith community, we are here to guide you through this process with clear, practical advice.

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