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Separating from a Partner? Here’s Where to Start

  • Published: 31 July 2026
  • Last Updated: 31 July 2026

Separation 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 follow a similar shape, even when the details are different. There are a handful of practical steps worth taking in the first few weeks; agreeing on a separation date, gathering key disclosure documents, working out a short-term living arrangement for any children, and getting advice before making big financial decisions. None of this needs to be adversarial, and none of it needs to be sorted out overnight.

 

It also helps to understand the basics of where you stand legally. Married couples need to wait twelve months after separation before applying for divorce, while de facto couples usually need to meet a two-year threshold (unless children are involved or one party made substantial contributions). Property settlements cover everything; assets, liabilities, superannuation and financial resources, regardless of whose name is on what, and there’s no automatic 50/50 split. Time limits apply too, so it’s worth checking where you stand rather than assuming there’s no rush.

 

We’ve put together a practical, print-and-tick checklist covering 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 replace that conversation.

 

Download the free Separation Guide below, and if you’d like to talk through your own circumstances, we’re available across Queensland.

 

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Separating from a Partner? Here's Where to Start

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Bennett Carroll Solicitors help Queensland clients choose the right law firm with experienced solicitors in Brisbane, Gold Coast, Sunshine Coast, and Ipswich. We provide transparent legal services, clear communication, and remote consultations by phone, email, or video, with in-person visits available. Our approach focuses on client comfort, co-operative dispute resolution, and plain English advice for family law, commercial law, wills & estates, litigation, and conveyancing matters.

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This information is provided for general informational purposes only and does not constitute specific or personal legal advice. Please consult with a qualified member of our team for advice regarding your specific situation.

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