Although separated, the parties to a marriage have certain rights and duties. For example, both parents are equally responsible, until the court orders otherwise, for the care and upbringing of their children. If the parents cannot agree about how the children should be cared for, either parent can apply to the court for a residence, contact or specific issues order, see: Applying to the Family Court. The parent residing with a child can ask the Child Support Agency to assess the amount of child support which should be paid by the other parent, see: child support. Any other person caring for a child can also ask that child support be paid by either or both parents.

After separating, people can divide their property themselves, and have the agreement approved by the court. Alternatively, either person can apply to the court for it to divide the property, see: property.

If one person threatens or assaults the other, or the children, either the Family Court or the Magistrates Court can make an order to restrain (stop) further violence, see: