Practical legal guidance when you are separating, helping you understand your rights, responsibilities and options for moving forward.
IMPORTANT TO KNOW
What is Separation Lawyers?
Separation lawyers are experienced family law professionals who provide legal advice and support to individuals and couples going through a relationship breakdown. They help clients understand their legal rights and responsibilities while navigating important matters such as property settlements, parenting arrangements, financial agreements, and spousal maintenance.
A separation lawyer aims to protect your interests, resolve disputes efficiently, and guide you towards fair and practical outcomes during this challenging time.
Tell us how we can help.
Legal issues after separation
Depending on your circumstances, separation may involve a number of family law and financial matters.
Parenting arrangements
Arrangements concerning the care and wellbeing of children.
Property and finances
Understanding assets, liabilities and financial interests.
Debts and liabilities
Considering financial obligations when resolving matters.
Superannuation
Understanding how superannuation may be treated.
Family Dispute Resolution
Exploring appropriate ways to resolve disagreements.
Negotiating agreements
Working towards practical arrangements where possible.
Formalising arrangements
Understanding options for documenting agreements.
Court proceedings
Guidance where matters cannot be resolved by agreement.
Parenting after separation
If you have children, separation may require arrangements about their care, living arrangements and important decisions affecting them.
Parents may reach their own agreement about parenting arrangements. Where appropriate, Family Dispute Resolution can help parents work through disagreements and reach an agreement.
Understanding financial and property matters
Separation can also involve decisions about property, assets, debts and superannuation.
Australian family law provides processes for resolving these financial matters, either by agreement or, where necessary, through the courts.
Family Dispute Resolution
Family Dispute Resolution is a form of mediation that can help separating families resolve disputes without going to court.
A structured opportunity to discuss issues and consider practical options.
Parties can explore concerns and possible arrangements with support.
Where appropriate, mediation can help move matters towards agreement.
Agreements can be documented and formalised where legally appropriate.
How our separation lawyers can help
Clear and practical guidance across the legal issues that may arise following separation.
Understanding Your Legal Position
Helping you understand the family law issues relevant to your circumstances.
Parenting Arrangements
Providing advice about arrangements for children following separation.
Financial Matters
Helping you understand financial and property issues that may need to be addressed.
Formalising Agreements
Explaining options for documenting and formalising arrangements.
Understanding your options before court
For many parenting disputes, parents are generally required to make a genuine effort to participate in Family Dispute Resolution before applying to a family law court, unless an exception applies.
Exceptions can include circumstances involving family violence, child abuse or urgency.
Separation and divorce are different
Separation and divorce are separate legal processes. Understanding the difference can help you identify which legal matters may need to be addressed.
Separation
Separation concerns the ending of a relationship and the arrangements that may need to be made afterwards, including matters concerning children and finances.
Divorce
Divorce is the legal process of ending a marriage. It is separate from property proceedings and other family law matters.
Clear guidance across your separation matter
Our approach focuses on helping you understand the issues, your options and the steps available to move forward.
Legal Position
Understand the family law issues relevant to your circumstances.
Parenting
Advice about arrangements for children following separation.
Financial Matters
Help understanding property, assets, debts and financial issues.
Negotiation
Assistance with appropriate processes for reaching an agreement.
Formal Agreements
Explaining options for documenting and formalising arrangements.
Court Proceedings
Guidance where matters cannot be resolved by agreement.
Get clear guidance about your next step
If you are considering separation or have already separated, our team can help you understand the legal process and your available options.
Contact Us TodayQuestions about separation and family law
Separation can raise important questions about children, property, finances and the legal steps available. Here are answers to some common questions about separation in Australia.
Separation generally means that a relationship has ended. Separation can occur even where former partners continue living in the same home, depending on the circumstances. After separation, there may be legal issues to address concerning children, property, finances and other arrangements.
Depending on your circumstances, you may need to consider arrangements for children, the family home, other property and assets, debts, superannuation and ongoing financial responsibilities. It can be helpful to obtain legal advice before making significant decisions so you understand your legal position and available options.
Separated parents can make their own arrangements about the care of their children where appropriate. Arrangements can be recorded in a parenting plan. Parents who want an agreement to be legally enforceable can apply to the court for consent orders. Parenting arrangements should focus on the best interests of the child.
For many parenting disputes, separated parents are required to make a genuine effort to participate in Family Dispute Resolution before applying to a family law court for parenting orders. There are exceptions, including some circumstances involving family violence, child abuse or urgency.
Family Dispute Resolution, commonly called FDR, is a form of dispute resolution that helps separating or separated families try to resolve disputes with the assistance of an accredited practitioner. It can be used to discuss parenting matters and, in appropriate circumstances, property matters.
Property and financial matters can involve the family home, other assets, debts, financial interests and superannuation. Separated couples may reach an agreement themselves, use dispute resolution or, where agreement cannot be reached, have the matter determined by a family law court.
Superannuation is treated as property under Australian family law. Depending on the circumstances, superannuation interests may form part of the property pool and may be dealt with through superannuation splitting arrangements.
If separating partners cannot reach agreement, they may consider negotiation or dispute resolution. If the dispute remains unresolved, court proceedings may be necessary. Property proceedings can involve consideration of the parties' property and liabilities, contributions and current and future circumstances.
You are not necessarily required to have a lawyer simply because you and your former partner have reached an agreement. However, legal advice can help you understand the effect of the proposed arrangements and whether they should be formally documented. This can be particularly important where property, financial interests or parenting arrangements are involved.
Parties involved in a property or financial matter have obligations concerning financial disclosure. Since 10 June 2025, the duty of disclosure for financial and property matters is contained in the Family Law Act 1975. Failure to comply with disclosure obligations can have consequences in family law proceedings.
Separation is the ending of a relationship, while divorce is the legal process that formally ends a marriage. Divorce is separate from property proceedings, so a person may need to address property and financial matters regardless of whether they have applied for a divorce.
You can seek legal advice at any stage of separation. A separation lawyer can help you understand the legal issues affecting your circumstances, including parenting arrangements, property and financial matters, dispute resolution and the steps that may be available if an agreement cannot be reached.