Separating from a partner rarely arrives with a plan attached. One day you’re making decisions together, and the next you’re working out who keeps the car, whose name is on the lease, and what happens to the super you’ve never had to think about before.
The good news is that most separations in Queensland follow a similar shape, even when the details differ. This guide sets out where to start, the time limits that matter, and what to gather before you speak with a family lawyer. You can also download our free, print-and-tick Separation Guide below.
In short: after separating, agree on (or record) your separation date, keep children’s routines steady, gather your financial documents, avoid big financial decisions until you’ve had advice, and check your time limits. Married couples can apply for divorce after 12 months of separation. Property settlement deadlines are 12 months after a divorce takes effect, or 2 years after a de facto relationship ends.
Download your free Separation Guide
Our practical checklist covers the five areas most separations need to work through: property, superannuation, other assets and liabilities, business interests, and children. It’s designed to help you get organised before you speak with us, not to replace that conversation.
What to do in the first few weeks after separating
- Put safety first. If you or your children are at risk, call 000 in an emergency or 1800RESPECT (1800 737 732) for confidential support.
- Note your separation date. Write down when and how the relationship ended. It matters for divorce, de facto claims and time limits. You can be separated while still living under the same roof.
- Agree on short-term arrangements for the children. Where it’s safe to do so, keep routines consistent and keep adult conflict away from the kids.
- Gather your documents. Bank and loan statements, super statements, tax returns, payslips, property and vehicle details, and any business records. Both parties have a duty to disclose their financial position.
- Hold off on big financial decisions. Selling, transferring or borrowing against assets before getting advice can complicate (and sometimes weaken) your position.
- Review your Will and super nominations. Separation may not automatically change who benefits under your Will or your super death benefit nomination.
- Get early advice. A short conversation early on can save significant cost and stress later.
Key time frames for separating couples in Queensland
| Issue | Married couples | De facto couples |
|---|---|---|
| Divorce | Separated for at least 12 months | Not applicable (no divorce required) |
| Property settlement deadline | Within 12 months of the divorce taking effect | Within 2 years of the relationship ending |
| Eligibility for a property claim | Married | Generally together 2+ years, a child together, substantial contributions, or a registered relationship |
| Parenting arrangements | No fixed deadline | No fixed deadline |
Missing a property deadline means you need the court’s permission to apply, which isn’t guaranteed. If you’re close to a deadline, speak with us as soon as possible.
What a property settlement covers
A property settlement deals with everything, regardless of whose name it’s in: the home, savings, vehicles, investments, businesses, debts and superannuation. Super can be split between partners. There is no automatic 50/50 split. Under the Family Law Act 1975 (Cth), the outcome depends on each person’s contributions, their future needs and what is just and equitable in the circumstances. If the family home is your biggest concern, read Who Gets the House After Separation?
What about the children?
Parenting arrangements are decided on what is in the best interests of the children. Most families reach agreement without going to court, often through mediation (family dispute resolution). In most cases, parents must attempt family dispute resolution before applying to court for parenting orders, unless an exception such as family violence or urgency applies. Child support is generally handled separately through Services Australia.
Frequently asked questions
What is the first thing I should do when separating from a partner?
Make sure you and any children are safe, then record your separation date and start gathering your financial documents. Avoid major financial decisions until you’ve had legal advice.
Can we be separated while living in the same house?
Yes. This is called separation under one roof. If you later apply for divorce, you will usually need extra evidence (such as an affidavit) showing the relationship had ended.
How long do I have to sort out a property settlement in Queensland?
Married couples have 12 months from when their divorce takes effect. De facto couples have 2 years from when the relationship ended. After that, you need the court’s permission.
Is property always split 50/50?
No. There is no automatic 50/50 split. The division depends on contributions, future needs and what is fair in your circumstances.
Do I need to go to court?
Most separating couples don’t. Many reach agreement through negotiation or mediation and formalise it with consent orders or a binding financial agreement, which makes it legally enforceable.
Talk to a family lawyer
For general information, the Federal Circuit and Family Court of Australia and the Family Relationship Advice Line (1800 050 321) are good starting points. For advice on your own situation, Bennett Carroll Solicitors has been helping Queenslanders since 1974. Our family lawyers work with clients across Queensland, with offices throughout South East Queensland in Brisbane North, Brisbane South, the Sunshine Coast, the Gold Coast and Ipswich.
Call 1300 334 566 or enquire online to talk through your next steps.
