Separation Lawyers Gold Coast

If you are going through a separation after a marriage or de facto relationship, our Gold Coast family lawyers are here to help.

Understanding & Practical

We understand that this is a challenging time. Our goal is to simplify the process and offer the support you need to make informed decisions for your future.

Parenting & Property

Whether it’s determining your children’s living arrangements or managing asset division, we’ll work with you to achieve the best possible outcome with clear and practical solutions.

Affordable Legal Support

Starting a new chapter shouldn’t come with financial worry. Our team is committed to providing expert support at affordable rates.

Our Gold Coast Separation Lawyers Make the Legal Process Manageable

Going through a breakup can be tough, and family law matters can feel overwhelming, especially when emotions are high. We’re here to guide you through the process, offering clear advice and support to help you resolve matters with your ex-partner and manage your separation effectively.

Get The Advice You Need From Our Gold Coast Separation Lawyers

Understand Your Legal Rights & Responsibilities

We take the time to truly understand your situation and what you’re aiming to achieve. Our family law team will walk you through your legal options and offer ongoing support as you work through each step of the process.

Advance Family Law can assist you with all family law matters arising from defacto or marriage separation, from drafting financial agreements to legal representation if required.

 

Need legal advice to figure out your next steps?

We understand you have a lot to consider. Contact us if you need practical advice about de facto and marriage separation, parenting matters, or support with reaching a fair property settlement.

Get Started Today

Get started with an initial consultation with one of our separation lawyers.

How Our Separation Lawyers Can Help

Accredited Family Lawyers

Our separation lawyers are family law specialists who help people navigate the end of their relationships.

They assist with separation agreements, property settlements, and child custody arrangements and offer services such as drafting financial agreements and representing clients in court.

Breakups and family breakdowns encompass both economic and emotional challenges. We can assist you through the entire process.

We offer comprehensive support to navigate these difficulties, including independent legal advice on property settlements and spousal maintenance.

Accredited Legal Services

Queensland Law Society
Domestic Violence Lawyer Gold Coast
Queensland Association of Collaborative Practitioners
Child Protection Practitioners

How We Support You

STEP #1
Free 15-Minute Consult

Get in touch to schedule a free 15-minute phone consultation and see how we can assist you.

STEP #2
Exploring Your Options

Our separation lawyers will help clarify your rights and options, empowering you to make informed decisions about your future.

STEP #3
Moving Forward

With our support, you’ll confidently navigate your family law matter and take the next steps toward rebuilding your life.

Get Started Today

Get started with an initial consultation with one of our separation lawyers.

WHY US?

Frequently Asked Questions

What is the Family Law Act?

The Family Law Act is an Australian law act that addresses family law matters such as divorce, property settlements, and parenting (child custody) arrangements. It ensures families receive fair and equitable treatment during separation and divorce proceedings.

It can be confusing to understand, which is why working with a family law solicitor will ensure you know how to best proceed in legal matters with your former spouse or de facto partner.

If you are managing family court proceedings to resolve parenting disputes or property settlement matters, it’s even more important to work with an experienced divorce lawyer to ensure you have the ability to make informed decisions about your family law matter.

How do courts assess property settlement in a separation?

Courts look at various factors outlined in the Family Law Act to decide on property settlements during separation. They consider financial resources, contributions made by each party, and future needs. A lawyer can help by providing guidance, representing you in court, and ensuring all financial aspects are fairly evaluated for an equitable property distribution.

How do I calculate child support payments?

Child support payments are determined by a formula that considers the incomes of both parents, the number of children, and their living arrangements. You can use the Services Australia child support calculator to get an estimate. For more flexibility, parents can also negotiate private agreements. Consulting a family lawyer ensures your financial obligations are fully understood and properly managed.

What is shared parental responsibility?

Shared parental responsibility means that both parents are involved in making significant decisions about their child’s welfare, as required by the Family Law Act.

This covers key aspects like healthcare, education and religious upbringing. A family lawyer can assist in drafting consent orders or parenting plans to ensure these arrangements are legally binding and in your children’s best interests.

What should I do if I can't afford to get legal advice from a private separation lawyer?

If private legal services are out of your budget, there are several alternatives. You can reach out to Legal Aid, community legal centres, or nonprofit organisations that offer free or low-cost advice. These services can provide valuable guidance on family law matters, explain your rights, and help you explore your options. Many of these organisations also provide helplines and additional resources for ongoing support.

Is there a difference between Consent Orders and Binding Financial Agreements?

Yes, they are different types of financial contracts used in family and relationship law. A Binding Financial Agreement (BFA) is a private contract between parties, detailing financial and property matters, and it doesn’t require court approval. It can be made before, during, or after a relationship.

On the other hand, Consent Orders are court-approved agreements that formalise financial settlements. They are legally binding and must meet certain legal criteria. While both address financial arrangements, they differ in terms of legal processes and requirements.

Is there a legal process to end a de facto relationship?

Ending a de facto relationship doesn’t require a formal legal process like divorce. However, to ensure any property settlements or parenting arrangements are legally recognised, it’s important to seek legal advice. This may involve creating a Binding Financial Agreement or applying for Consent Orders to formalise your decisions and protect your rights.

Are prenuptial agreements and cohabitation agreements the same?

No, they are distinct, even though they are both types of BFAs (binding financial agreements) used in family law. A cohabitation agreement is for couples living together who aren’t married, outlining how financial and property matters will be handled if the relationship ends.

In contrast, a prenuptial agreement is specifically for couples planning to marry, addressing how assets and finances will be divided in the event of a divorce. While both aim to protect personal interests, they apply at different stages of a relationship.

Are the laws different for ending opposite-sex and same-sex relationships in Australia?

No, the laws are the same for both same-sex and opposite-sex relationships in Australia. The legal process will either be divorce if you have been married or de facto family law guidelines if you were not married but living together on a genuine domestic basis.

Under the Family Law Act 1975, all couples—regardless of gender—are subject to the same legal framework for divorce, property settlements, and child custody arrangements. The law ensures equal rights and protections for all relationships.

How can I avoid going to court after ending a relationship?

To avoid court, consider mediation or collaborative law, which allows both parties to negotiate and reach agreements outside the courtroom. These methods are particularly effective for resolving disputes related to property, finances, and parenting arrangements. Court proceedings typically become necessary only when negotiations break down, especially in cases involving family violence, child protection concerns, or complex financial disputes. Most people won’t need to attend court to legally finalise separation and related family matters.

How does court intervention impact family law matters?

Court intervention may be required for complicated family law issues, such as child protection concerns or contested property settlements. The Federal Circuit Court and Family Court Of Australia oversee these cases, focusing on fair and balanced outcomes that prioritise the best interests of everyone involved.

At Advance Family Law, our experienced Gold Coast divorce lawyers offer expert legal advice and strong representation to guide you through the court process efficiently.

What does separation under one roof mean?

Being ‘separated under one roof’ refers to a situation where a couple has decided to separate but still resides in the same household. Even though they share a roof, they live as if they are apart—maintaining separate finances, sleeping in different rooms, and having little to no interaction.

This arrangement can complicate divorce and property matters, particularly when determining the official separation date for legal purposes, such as filing for divorce or settling financial matters.

What support is available when a same-sex relationship ends?

The legal termination of same-sex relationships follows similar procedures to other family law issues. Experienced family lawyers provide confidential advice and legal representation, ensuring equitable resolution of property and parenting matters.

Contact family law solicitors for a preliminary consultation to understand your rights.

What is spousal maintenance, and who is eligible to receive it?

Spousal maintenance is financial support provided to a former spouse following a marriage or de facto relationship breakdown. It considers the economic needs and capacities of both parties. An initial consultation with a legal representative can provide preliminary advice on eligibility and the application process.

How do property settlements work in family law?

Property settlements involve dividing assets and liabilities between parties after a relationship ends. This includes business and property law considerations.

Gold Coast family law solicitors offer expert legal advice to ensure fair distribution, taking into account separate bank accounts, investments, and other financial interests.

What should I know about child protection matters in family law?

Child protection matters are handled with the utmost priority to ensure the safety and well-being of children. Family law services address these issues through legal interventions, such as court orders. Experienced family lawyers guide you in navigating these sensitive matters, focusing on the child’s best interests.

Can your family law solicitors assist with de facto relationships?

Absolutely, that’s a big part of the work that the Advance Family Lawyers Gold Coast team does. De facto separation is much the same as a divorce (which is just the legal termination of the marriage). Property settlements and parenting arrangements are generally the main areas of focus apart from divorce. Our Gold Coast separation and divorce lawyers help parties understand their rights and obligations, providing legal support to people who are ending a de facto relationship.