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What happens when you separate?
In Australia, separation is a question of fact, not paperwork — you are separated from the day one of you communicates that the relationship is over and acts on it. There is no form to lodge and no court involvement required. You can even be separated while still living in the same house, though you will need evidence of it if you later apply for divorce.
The date of separation matters more than most people expect. It starts the clock on divorce eligibility, it sets the deadline for de facto property claims, and it becomes the reference point for working out what each of you contributed.
Three things worth doing in the first month
- Write down the separation date and how it was communicated, while it's fresh.
- Gather your financial records — bank statements, super balances, loan documents, tax returns.
- Get advice before you move out, transfer money, or sign anything. Early decisions are hard to unwind later.
Start your family law matter online — privately, at your own pace
Not ready to pick up the phone? Answer a few questions online instead. Tell us about your situation in your own time, and one of our family lawyers will review it and call you back when it suits — no paperwork, no obligation.
Start online — in your own timeArrangements for children
Since 6 May 2024, the presumption of equal shared parental responsibility no longer exists in Australian family law. The Family Law Amendment Act 2023 repealed it. The court's single paramount consideration is what is in the best interests of the child — and there never was, at any point, a legal starting point that children spend equal time with each parent. That was always a common misunderstanding of the old law.
What the court actually considers
Section 60CC of the Family Law Act now sets out a simplified list of best-interests factors. In broad terms, the court looks at:
- What arrangements promote the child's safety
- Any views expressed by the child
- The child's developmental, psychological, emotional and cultural needs
- Each parent's capacity to meet those needs
- The benefit of a relationship with both parents, where safe
- Anything else relevant to the particular child
Safety comes first. Where there is family violence or a risk of abuse, the court looks closely at the history and risk, and a relationship with a parent is treated as a benefit only to the extent it is safe. For Aboriginal and Torres Strait Islander children, the court must also consider the child's right to enjoy their culture and connection to family, community and country.
Joint decisions on major long-term issues
Where a court orders that parents share decision-making about major long-term issues — schooling, serious healthcare, religion, name, significant relocation — they must genuinely consult each other and make a real effort to reach agreement. Day-to-day decisions, like what a child eats or wears while in your care, are yours alone.
Dividing property and finances
On 10 June 2025, the framework for property settlements changed under the Family Law Amendment Act 2024 — the biggest reform to the financial provisions since 2009. The four-step approach that courts had developed through case law is now written into the Act itself, and the economic effect of family violence is an express consideration for the first time.
How a settlement is worked out
- Identify the pool. Everything either of you owns or owes, in whatever name, wherever it is — including superannuation, businesses, trusts and debts.
- Assess contributions. Financial and non-financial, before, during and after the relationship. Homemaking and parenting count.
- Consider current and future circumstances. Age, health, income, earning capacity, and who has the care of the children.
- Check the result is just and equitable. The court must be satisfied it is appropriate to make any order at all.
What changed in 2025
- Family violence is an express factor at two stages
- Economic and financial abuse named in the Act
- Duty of disclosure written into the legislation
- Traditional "add-backs" no longer apply
- Wastage of assets dealt with under a new provision
- Companion animals given their own category
Financial abuse under section 4AB now expressly includes things like controlling access to money, running up debt in a partner's name without consent, hiding assets to distort a settlement, and dowry abuse. If any of that describes your relationship, it may affect your settlement — and it is worth raising early rather than late.
Time limits — the thing people miss
These deadlines are strict
If you were married, you have 12 months from the date your divorce order takes effect to start property settlement or spousal maintenance proceedings.
If you were in a de facto relationship, you have 2 years from the date of separation.
Outside those windows you need the court's permission to proceed, which is granted only where hardship would otherwise result. Not knowing about the deadline is not, on its own, an accepted excuse.
Note the difference in when the clock starts. For married couples, nothing runs until a divorce order is made — so if you are separated but not divorced, there is no property deadline yet. For de facto couples, it runs from separation, which is one reason the separation date matters so much.
| Married | De facto | |
|---|---|---|
| Property settlement deadline | 12 months after divorce order takes effect | 2 years after separation |
| Divorce required first? | No — you can settle property any time after separating | Not applicable — there is no de facto divorce |
| Property law applied | Part VIII, Family Law Act | Part VIIIAB — substantially the same principles |
| Threshold question | Valid marriage | Whether a de facto relationship existed, and for how long |
| Parenting law | Identical — parenting law does not distinguish between married and de facto parents | |
Four ways this can be resolved
Most separations never see a courtroom. These are the realistic options, roughly in order of cost and stress.
Agreement between you
You work it out directly. For children, this can be recorded in a parenting plan — a written, signed, dated agreement. It isn't enforceable by a court, but a later court must consider it.
Consent orders
You agree, then ask the court to approve it without anyone appearing. The result is legally binding and enforceable, and it closes the matter properly — which a handshake never does.
Mediation & FDR
A neutral practitioner helps you negotiate. For parenting matters this is usually compulsory before court — you generally need a section 60I certificate to file.
Court proceedings
The Federal Circuit and Family Court decides. Slower, more expensive, and the outcome is out of your hands — but sometimes necessary, particularly where there is family violence, urgency or a refusal to disclose.
When you don't have to try mediation first
The section 60I requirement is waived in defined circumstances — including where there has been family violence or child abuse, where there is a risk of it, where the matter is urgent, or where a party cannot participate effectively. If any of these apply to you, say so early; you may be able to go straight to court.
Divorce
Divorce ends the marriage. It does not divide property or decide arrangements for children — those are entirely separate processes. Australia has no-fault divorce, so the only ground is that the marriage has broken down irretrievably, demonstrated by 12 months of separation.
- You must be separated 12 months and one day before applying
- Separation under one roof is possible, with supporting evidence
- You can apply jointly or on your own
- Applications are filed electronically through the Commonwealth Courts Portal
- Where there are children under 18, the court must be satisfied proper arrangements are in place
- A divorce order generally takes effect one month and one day after it is made
Court filing fees are set by federal regulation and are reviewed each 1 July, with a reduced fee available to concession card holders and in cases of financial hardship. We'll confirm the current figure when we speak — and the current schedule is published on the Federal Circuit and Family Court website.
Don't apply for divorce before you've thought about property
The moment your divorce order takes effect, a 12-month clock starts on your property settlement. If your finances aren't resolved, there is often no advantage in rushing the divorce — and a real risk in it.
What to expect from your first consultation
Most people have never sat in a family lawyer's office before and have no idea what happens. Here is exactly how it goes, so there are no surprises.
You get in touch
Call us or send the form. We'll schedule your first appointment at a time that works — usually within 48 hours, and sooner if the matter is urgent.
Your first meeting
In person at any of our offices, or by phone or video if that's easier. Your lawyer will:
- Listen to your situation without judgement
- Explain your legal rights and the options actually open to you
- Talk through likely strategies and realistic outcomes
- Give you clear information about costs and timeframes
- Answer every question you have — including the ones you think are silly
No obligation. You leave with clarity about where you stand and what happens next, whether or not you decide to proceed with us.
Clear next steps
- A written plan tailored to your goals
- Written engagement terms and a cost estimate
- Work begins immediately — we don't sit on files
Ongoing support
- Direct access to your lawyer, not a call centre
- Regular updates on progress
- Calls and emails returned within one business day
Superannuation and the property pool
Superannuation is treated as property in a family law settlement, and it can be split between you by agreement or court order. That surprises people who assume it sits outside the pool because they cannot access it.
A split does not release cash. The transferred amount stays in the superannuation system and remains preserved until the receiving party meets a condition of release, normally retirement age. Splitting also requires the trustee to be given procedural fairness before orders are made, so the fund has to be involved before the orders are finalised, not afterwards.
Valuation matters too. An accumulation account is worth its balance; a defined benefit interest is not, and usually needs actuarial valuation. Treating a defined benefit fund as though its stated figure is its value is a common and expensive mistake.
Binding financial agreements
A binding financial agreement lets you contract out of the court's property jurisdiction — before, during or after a relationship. They are the mechanism behind what people call a "prenup", and they are also used at separation to document a settlement without a court order.
The formal requirements are strict and unforgiving. Each party must receive independent legal advice about the effect of the agreement on their rights and about its advantages and disadvantages, each lawyer must sign a statement confirming that advice was given, and each party must receive a copy. Miss a requirement and the agreement can be set aside — which is precisely when the parties discover it, years later.
Agreement versus consent orders
A binding financial agreement is a private contract; it does not require court approval and the court never assesses whether it is fair. Consent orders are approved by the court, which must be satisfied the outcome is just and equitable, and they are enforceable as orders.
Agreements suit people who want privacy, want to contract out in advance, or whose arrangement a court might not approve. Consent orders suit most people separating, and are usually cheaper and harder to unwind. We will tell you which fits.
Child support
Child support is administered by Services Australia under a legislated formula, not by the family courts. It is a separate system from parenting orders and from property settlement, and having one does not resolve the others.
The formula works from both parents' taxable incomes, a self-support amount deducted from each, the costs of children based on combined income, and the proportion of nights each parent cares for the children. Because care percentage feeds directly into the assessment, changes to a parenting arrangement change the child support outcome automatically.
Parents can also make a binding child support agreement, which requires independent legal advice, or a limited agreement, which does not but must at least match the formula assessment. Departure from the formula can be sought where circumstances are unusual — high costs of contact, a child with special needs, or income that does not reflect earning capacity.
What it costs
You will have a written costs agreement before we start any work, setting out our rates and an estimate for your matter. Family law is difficult to quote as a single fixed fee because the cost depends almost entirely on how much the other side disputes — but that doesn't mean you should be in the dark.
- An initial consultation to understand your position
- Fixed fees for discrete work like consent orders
- Written estimates updated as the matter develops
- We tell you before scope changes, not after
- Court filing fees passed on at cost
- Honest advice about when litigation isn't worth it
If cost is the thing standing in your way
Separation often hits hardest where one person controlled the finances. Specialist family law litigation funding can cover legal fees and disbursements, repayable from your settlement — so a lack of ready cash doesn't decide the outcome of your matter.
Learn about JustFundFrequently asked questions
You must be separated for 12 months and one day before you can apply for a divorce. Separation is a question of fact rather than paperwork, and it is possible to be separated while still living under the same roof, though you will need to provide supporting evidence in that case.
No. There has never been a legal requirement for children to spend equal time with each parent, and since 6 May 2024 the presumption of equal shared parental responsibility has been repealed entirely. The court's paramount consideration is what is in the best interests of the child, with the child's safety given priority.
If you were married, you have 12 months from the date your divorce order takes effect. If you were in a de facto relationship, you have 2 years from the date of separation. Outside those periods you need the court's permission to proceed, which is only granted where hardship would otherwise result.
Yes. Since 10 June 2025, the Family Law Act expressly requires the court to consider the economic effect of family violence when determining a property settlement. Economic and financial abuse is named in the Act, and can include controlling access to money, incurring debt in a partner's name without consent, and concealing assets.
Usually yes. You generally need a section 60I certificate from a family dispute resolution practitioner before filing a parenting application. Exceptions apply, including where there has been family violence or child abuse, where there is a risk of it, where the matter is urgent, or where a party cannot participate effectively.
For property, de facto couples have substantially the same entitlements, though the deadline runs from separation rather than from a divorce order, and there may be a threshold question about whether a de facto relationship existed. For parenting, the law makes no distinction at all between married and de facto parents.
No. A parenting plan is a written, signed and dated agreement between parents, but it is not enforceable by a court. If you want an enforceable arrangement, you can apply for consent orders, which the court approves without either of you needing to appear.
Yes. Superannuation is treated as property and can be split between the parties by agreement or court order. A split does not release cash: the transferred amount stays in the superannuation system and remains preserved until the receiving party meets a condition of release. The trustee must also be given procedural fairness before splitting orders are made.
A binding financial agreement allows parties to contract out of the court's property jurisdiction, before, during or after a relationship. The formal requirements are strict: each party must receive independent legal advice about the effect of the agreement and its advantages and disadvantages, each lawyer must sign a statement confirming that advice, and each party must receive a copy. An agreement failing those requirements can be set aside.
Child support is administered by Services Australia under a legislated formula, separately from the family courts. The formula uses both parents' taxable incomes, a self-support amount for each, the costs of children based on combined income, and the percentage of nights each parent cares for the children. Because care percentage feeds directly into the assessment, changing a parenting arrangement changes the child support outcome.
More information
Going through a separation or family law matter in Rockhampton? You don’t have to face it alone.
Divorce & family lawyers Rockhampton
At South Geldard Lawyers, we understand that family law issues are among life’s most challenging experiences. Whether you’re navigating divorce, property settlements, parenting arrangements, or any family matter, our experienced Rockhampton family lawyers provide the compassionate guidance and expert legal support you need to move forward with confidence.
Our family lawyers Rockhampton have the experience to provide easy to understand practical advice tailored to your particular circumstances.
Start your family law matter online — privately and at your own pace
Not quite ready to pick up the phone? You can begin online instead. Answer a few simple questions about your situation in your own time, and our experienced family lawyers will review your details before your first appointment — so your meeting is focused on you, not paperwork.
How Our Family Lawyers Can Help
When your family’s future is at stake, you need more than just legal advice—you need a trusted partner who understands what you’re going through.
Since 1961, South Geldard Lawyers has been a trusted name in Central Queensland. Our deep roots in the Rockhampton community mean we understand local families, local courts, and what matters most to you.
Expert Family Law Team You Can Trust
Our dedicated family law team, Our family law team helps families navigate separation, divorce and all family law matters. separation, divorce, and all family law matters. We combine legal expertise with genuine empathy to support you every step of the way.
Family law can feel overwhelming. We break down complex legal processes into clear, understandable terms—no confusing jargon, just straightforward guidance tailored to your situation.
Worried about legal costs? We offer fixed fee first appointments so you know exactly what to expect. We’ll discuss your matter, explain your options, and provide transparent pricing from day one.
South Geldard lawyers can assist with:
- Applications for Divorce
- Property Settlements for both married and de facto couples
- Property disputes involving parents and adult children
- Spouse maintenance
- Financial agreements (pre-nups)
- Parenting arrangements
- Child support and Adult Child Maintenance
- Personal protection issues involving domestic violence
- Mediation
Family law is an intricate field that addresses various aspects of familial relationships, such as separation, divorce, property settlements, binding financial agreements, and parenting issues. At South Geldard Lawyers, our experienced family lawyers recognise the emotional and financial strain these matters can place on clients and their families. That is why we are dedicated to offering tailored legal solutions designed to help navigate this challenging system with confidence and ease.
The decision to separate is never easy. Our Rockhampton family lawyers guide you through the entire divorce process, from initial separation to finalizing your divorce. We help you understand your rights, responsibilities, and options for moving forward.
- Understanding legal separation requirements
- Filing for divorce in Queensland
- Navigating the 12-month separation period
- Protecting your interests during separation
Dividing assets and debts fairly is one of the most important aspects of separation. Our family lawyers have extensive experience negotiating property settlements for both married and de facto couples in Rockhampton.
- Identifying and valuing all assets and liabilities
- Negotiating fair division of property, savings, and investments
- Protecting your superannuation interests
- Drafting binding financial agreements
- Representing you in property disputes
Your children’s wellbeing is your top priority—and ours too. We help Rockhampton parents create parenting arrangements that serve the best interests of their children while protecting parental rights.
- Parenting plans and consent orders
- Child custody and living arrangements
- Parenting time schedules (visitation)
- Relocation matters
- Modifications to existing arrangements
- Representing you in parenting disputes
Our approach focuses on creating stable, workable arrangements that let children maintain meaningful relationships with both parents.
Understanding child support obligations can be confusing. We provide clear advice on:
- Child support calculations and payments
- Modifying child support agreements
- Adult child maintenance claims
- Spousal maintenance entitlements
Protect your financial future with a binding financial agreement. Whether you’re entering marriage, in a relationship, or separating, we can draft agreements that:
- Protect pre-relationship assets
- Define property division in case of separation
- Provide financial certainty and peace of mind
- Comply with all legal requirements
- Apply for domestic violence orders
- Defend against false allegations
- Navigate family law matters involving safety concerns
- Connect with support services
Your safety is paramount. We handle these sensitive matters with the utmost discretion and care.
- Family dispute resolution conferences
- Private mediation sessions
- Negotiated settlements
- Collaborative law processes
Mediation is often faster, less expensive, and less stressful than court litigation.
- Federal Circuit and Family Court
- Complex property disputes
- International parenting matters
- High-conflict custody cases
Taking the first step can feel daunting. Here’s what happens when you contact South Geldard Family Lawyers:
Call us at 1800 329 448 or fill out our contact form. We’ll schedule your fixed-fee consultation at a time that suits you—often within 48 hours.
- Listen to your situation without judgment
- Explain your legal rights and options clearly
- Discuss potential strategies and outcomes
- Provide transparent information about costs and timelines
- Answer all your questions
If you choose to work with us, we’ll:
- Outline a clear action plan tailored to your goals
- Provide written engagement terms and cost estimates
- Begin working on your matter immediately
- Keep you informed at every stage
- Direct access to your lawyer
- Regular updates on progress
- Responsive communication (we return calls within 24 hours)
- Compassionate guidance when you need it most
Flexible Legal Financing for Family Law Matters
South Geldard Lawyers has proudly partnered with JustFund to offer our clients greater financial independence, particularly through family law litigation funding. For some clients, it can be a struggle to afford legal fees and disbursements, and limited access to funding sometimes means the settlement process stalls and clients get stuck. This partnership enables our clients to access the legal assistance they deserve to settle their family law matters and move on with their lives without the burden of immediate financial constraints.
This page is general information about Australian family law, current as at 2026. It is not legal advice and does not take your circumstances into account. Family law changed substantially on 6 May 2024 (parenting) and 10 June 2025 (property) — older information you find elsewhere online may no longer be correct. Speak to one of our lawyers before acting.
