If you are separating from a marriage or de facto relationship, our Gold Coast separation lawyers, led by an Accredited Specialist, provide practical advice about your legal position and next steps. Book a free 15 minute consultation today to get started.
Practical & Compassionate
We know it’s already challenging. We’ll simplify the process for you while providing the advice you need to make informed decisions in the future.
Parenting & Property Matters
Whether you need to arrange living arrangements for your children or divide your assets and liabilities, we’ll help you achieve your goals efficiently and effectively.
Affordable & Fair Fees
Leaving a significant relationship shouldn’t add financial pressure to your situation. Our team is committed to providing quality guidance at reasonable prices.
Separation can be complicated, particularly when you are trying to make important legal decisions at a difficult time. We provide clear advice about the steps required to finalise your separation, your legal options and the best way to approach your family law matter.
Whether you are considering separation, or have already left your relationship, we will ensure you understand the processes involved with property settlement, parenting matters and any related family law issues or disputes that you are currently facing.
Start With a Free 15-Minute Consult
We understand you probably have a lot to think about already. If you need help navigating a separation, completing a divorce application, advice on a Binding Financial Agreement or some support creating a parenting plan, get in touch.
We have offices near Brisbane, in Logan and on the Gold Coast.
"In my experience, clients often reach out before they have made any firm decisions, simply wanting to understand where they stand. Providing clear, no pressure guidance at that early stage helps people feel supported, whatever they decide to do next. "
Separation after a significant relationship often brings with it major decisions about your finances and children, if you have them. The Family Law Act 1975 (Cth) sets out the guidelines used in family law matters, whether you’ve been in a marriage or de facto relationship. Your date of separation sets in motion time limits for different legal matters, which are outlined in sections 44(3) and 44(5) of the Family Law Act 1975 (Cth).
If you’re married, you’ll need to be separated for 12 months before you can apply for a divorce, whether you’ve been living apart or separated under one roof, as set out in section 49 of the Family Law Act 1975 (Cth). The date of your divorce also starts time limits for property settlement and spousal maintenance, and if you haven’t finalised property matters before you divorce, you’ll need to initiate property settlement in the 12 months after getting a divorce. If you miss this time limit, you’ll need to apply to the court for permission to commence property settlement, which may or may not be granted.
If you are leaving a de facto relationship, you have two years from the date of your separation to begin any claims for property and spousal maintenance. You may also need to show that you were in a genuine de facto relationship to be eligible to make a claim.
If you need assistance with managing the legal aspects of ending a relationship, please get in touch with our team for advice on how we can help.
“Thank you to the team at Advance Family Law for guiding me through a very traumatic time and giving me direction and more fundamentally, hope, that not only would my interests be protected but that the outcome achieved would be fair, reasonable and equitable, which it was.”
– J.M, Gold Coast
Get started with an initial consultation with one of our separation lawyers.
WHY US?
The difference between separation and divorce is that separation ends a relationship, either temporarily or permanently, and divorce ends the legal status of being married. Married couples may be separated for years, or even longer, without filing for a divorce, or may choose to divorce after a period of 12 months of separation.
A separation lawyer is a specialised family lawyer focusing on legal matters related to ending a de facto relationship or separating from a marriage. Our separation lawyers help people to reach agreements, divide assets, decide how children’s care will be managed and formalise property settlements. This includes everything from early legal advice, assistance with negotiations, drafting financial and parenting agreements and court representation where necessary.
"Separation is often the first step in a much longer process, and getting good advice early can make everything that follows easier. We help clients understand their options before decisions become harder to change."
Absolutely, it’s a big part of the work that our Gold Coast separation lawyers do. De facto separation is quite similar to divorce, but there are some differences around time limits and also in some instances, proving a genuine de facto relationship occurred. Property settlements, spousal maintenance and parenting arrangements are generally the main areas of focus for de facto separations. Our Gold Coast team can help you to understand your rights and obligations, and provide legal support and representation to address your family law matters.
The date of your separation matters a lot in family law matters, whether you are in a de facto relationship or a marriage. For de facto couples, it’s the date that the relationship ends, and no further administrative process is required to legally separate. It sets in motion a 2 year time limit that de facto couples have to initiate a property settlement, in line with section 44(5) of the Family Law Act 1975 (Cth).
For married couples, the date of separation is important because it is necessary to demonstrate that the marriage has broken down irretrievably before applying for a divorce, which is demonstrated by a period of 12 months of separation, as set out in section 48 of the Family Law Act 1975 (Cth).
"The early stages of separation are often the most uncertain. We focus on giving clients clarity early, so they can plan their next steps with confidence."
Your situation is unique, which is why we’ll take time to understand your circumstances and listen to what you want to achieve.
We’ll provide advice about your legal options and are here to assist you every step of the way.
From organising mediation to representing you in court, you will always feel supported working with the team at Advance Family Law.
Simply contact us to book your free initial 15-minute phone discussion so we can understand your situation and to find out how we can help.
Our separation lawyers will give you an honest evaluation of your options, rights and responsibilities so that you can make informed choices about how to move forward.
You’ll have the guidance and support to manage your family law matter effectively, so you can start moving forward with your life.
Admitted as a solicitor in 2007, Joshua Peters has more than 19 years’ experience in family law. He is a Queensland Law Society Accredited Family Law Specialist and collaboratively trained, with expertise in complex property settlements, parenting, child support, domestic violence and family law litigation.
Admitted as a solicitor in 2004, Sonya Black has more than 22 years’ experience in family law. She holds a Master of Laws and is collaboratively trained, with a practice focused on complex parenting, property and financial matters, including companies and self-managed superannuation funds.
Admitted as a solicitor in 2022, Lauren Baptiste has more than four years’ experience in legal practice, with a focus on family law. She advises on parenting arrangements, property settlements, divorce and domestic violence matters, with additional experience in Wills and Deceased Estates.
Separation under the same roof is a fairly common scenario, when a couple decides to separate or end their relationship but continue to live in the same home. It is recognised as a valid form of separation under section 49 of the Family Law Act 1975 (Cth), as long as it is a genuine separation. Genuine separation while living together is demonstrated by factors including maintaining separate lives, finances, and sleeping arrangements, not sharing an intimate relationship or not appearing publicly as a couple. This arrangement can have legal implications in family law matters, so it’s important to document the date where possible, in writing. This helps to avoid disputes about the date of separation, which is required to apply for a divorce, and also affects property and spousal maintenance time limits.
To avoid court proceedings after ending a relationship in the Federal Circuit and Family Court of Australia, consider mediation or collaborative law, which can resolve disputes amicably. Court proceedings become necessary when negotiations fail, especially in cases involving family violence, child protection, or complex property disputes.
If you’re unsure whether you need legal assistance, contact our experienced Gold Coast team today for personalised advice about your situation. We can discuss options to help you navigate the process effectively.
Married couples can apply for property settlement and spousal maintenance at any time after they separate, divorced or not. Once a divorce is granted (which requires a 12 month period of separation before applying), there is a 12 month window to commence property settlement or apply for spousal maintenance. De facto couples have a two year window to commence property settlement or apply for spousal maintenance from the date of their separation. If you miss the time limit, whether you are leaving a de facto relationship or marriage, you’ll need to apply to the Federal Circuit and Family Court of Australia for permission to commence proceedings, which may or may not be granted.
The Family Law Act 1975 (Cth) is a federal Australian legal framework that addresses family law matters for divorced and separated de facto couples, such as divorce, property settlements, and parenting (child custody) arrangements. It outlines things like time limits for property matters, how separation is defined, and how parenting matters are decided. It can be confusing to understand, which is why working with a skilled 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 separation negotiations, family court proceedings, parenting disputes or property settlement matters, working with an experienced separation lawyer will ensure you have the ability to make informed decisions about your future.
Many separation and family lawyers offer payment plans, but if you genuinely can’t afford legal advice, you can obtain advice from community legal centres, Legal Aid, or nonprofit organisations that provide free or low-cost legal services. These resources guide various legal issues, including family law, and can help you understand your rights and options. Additionally, many organisations offer resources and helplines for further support.
The courts recognise de facto relationships under section 4AA of the Family Law Act 1975 (Cth). Unlike divorce though, there is no formal process required to end the legal status of being in a de facto relationship, unless you have registered the relationship. If your relationship was registered, you’ll need to apply to revoke the status through your state registry, such as the Queensland Government Civil Partnerships.
De facto couples will also need to formalise property settlement and spousal maintenance, and if there are children involved, parenting arrangements and child support matters. It’s important to address property settlement and spousal maintenance within the two year time limit from the date of your separation, which is set out under section 44(5) of the Family Law Act 1975 (Cth).
It’s a good idea to get your date of separation in writing where possible, and speak to a separation lawyer about how to address financial and parenting matters in a timely manner. You’ll also need to update any relevant organisations like Services Australia, couples health insurance, de facto spousal super contributions (if being made) and any beneficiary nominations for super and insurance, as well as estate planning directions and your Will.
No, the laws in Australia are not gendered when it comes to ending same-sex or opposite-sex relationships. The Family Law Act 1975 (Cth) looks at the relationship status, which is married or de facto, regardless of gender. This includes the processes for divorce, property settlements, and parenting arrangements. The law ensures that all relationships are treated with the same legal standards and protections.
It’s important to consider whether your relationship is going through a temporary difficult patch or facing deeper, ongoing problems that can’t be resolved. Speaking to a trained relationship counsellor or psychologist can help you to assess where your relationship currently is and what steps you can take to address the issues you are facing. Our guide ‘When to Call It Quits in a Relationship’ outlines 19 questions to help you work out if rebuilding is possible or if separation may be the healthier choice.
