If you’re considering separation in Queensland and thinking, “I want a separation: what legal steps should I take?”, it’s important to understand how to protect yourself and your family. Separation is a significant life change, whether you’re ending a marriage or a de facto relationship, and getting the right advice early can make all the difference.
In short: get legal advice early, record your separation date, put the children first, keep good financial records, work toward an amicable property settlement, and update your Will and other legal documents. Married couples can apply for divorce after 12 months of separation, and time limits apply to property settlements.
Key legal steps to take when separating
- Seek legal advice early. The first step in your separation journey should be to speak with an experienced family lawyer. They can explain your rights, responsibilities and entitlements. A short conversation early on can save significant cost and stress later.
- Establish your separation date. To apply for divorce, you must show you have been separated for at least 12 months. This date also impacts property settlements and parenting arrangements, so write down when and how the relationship ended.
- Organise parenting arrangements. If you have children, their welfare must remain your priority. Where it’s safe to do so, agree on temporary living and time arrangements to keep routines steady and avoid unnecessary disputes.
- Protect your assets. Separation can sometimes lead to disputes over finances. Secure your accounts, update your passwords, and keep copies of bank, loan, super and tax records. Hold off on selling or transferring major assets until you’ve had advice.
- Consider property and financial settlements. Identify your property pool, including assets, liabilities and superannuation, and work toward an amicable settlement. This can often be achieved through negotiation or mediation, then formalised with consent orders or a binding financial agreement.
- Update your legal documents. Separation is the right time to review your Will, power of attorney, super death benefit nomination and insurance policies so they reflect your new circumstances.
Download your free Separation Guide
Our free, print and tick checklist covers the five areas most separations need to work through: property, superannuation, other assets and liabilities, business interests, and children. Use it to get organised before you speak with us.
Time limits to keep in mind
| Issue | Married couples | De facto couples |
|---|---|---|
| Divorce | Separated for at least 12 months | Not applicable |
| Property settlement deadline | Within 12 months of the divorce taking effect | Within 2 years of the relationship ending |
Missing a property deadline means you need the court’s permission to apply, which isn’t guaranteed. For a full breakdown, see our guide to separating from a partner in Queensland.
What about the family home?
As you begin the property settlement process, the family home will be your biggest decision. Don’t make an emotional mistake. Learn about the financial reality and affordability stress of keeping the house in our detailed guide: The Hidden Costs of Keeping the Home After Separation.
Talk to a family lawyer
Separation is a life changing decision that needs careful planning and good advice. Bennett Carroll Solicitors has been helping Queenslanders since 1974, and our family lawyers can help you navigate your separation confidently and prepare for the future. We work with clients across Queensland.
Our locations:
- Brisbane North: Stafford
- Brisbane South: Upper Mount Gravatt
- Sunshine Coast: Birtinya
- Gold Coast: Mermaid Beach
- Brisbane Central: by appointment
- Ipswich: by appointment
Call 1300 334 566, email info@bcglaw.com.au or enquire online for a confidential consultation.
Book a confidential consultation
More separation and family law resources
- How Long Does a Divorce Take in Queensland?
- How Do We Decide What We Own and What It’s Worth During a Divorce in Queensland?
- Do I Need to Update My Will After Divorce or Separation in Queensland?
- Can I Date Other People Before My Separation/Divorce Is Final? Legal Implications in Australia
- Who Gets to Stay in the Home? Navigating Family Home Rights During Divorce and Separation
- Child custody and parenting arrangements
- Children and family law
- Enrolment in state primary, secondary and special schools
