If you have suffered a relationship breakdown, you know that separation is among the most challenging experiences a person can ever go through.

Separated couples face critical decisions about their living arrangements, parenting, and finances. The immediate challenges are determining how best to prepare for the future and what lies ahead for each party and their family members.

Information is the key to moving forward. Connecting with counselling and legal professionals who provide practical advice and guidance, empowers you to identify your options, determine your priorities and make appropriate decisions.

At CLO Lawyers, we understand the painful and distressing emotions that may be experienced following a relationship breakdown. We provide support and guidance to help you navigate the legal issues arising from your breakup. And we help with information about support services you can access. Where appropriate, we discuss reconciliation counselling and explore the potential for the relationship to continue.

Our Toowoomba-based family law team, led by Murray Crawford, offers a confidential, fixed-fee appointment to provide the advice you need. And we help you plan the way forward, given your unique circumstances.

Thinking Of Separating From Your Partner?

Disconnected partners who rarely spend time together, don’t communicate effectively or support one another are exhibiting signs of relationship stress. If this describes your relationship, we recommend initiating a discussion with your partner about the future of your relationship or engaging a marriage counsellor or psychologist to explore the issues and possible solutions.

Separation is defined in Australia as the end of an intimate partner relationship, including a marriage or a de facto relationship.

Separation can occur even if both parties don’t agree that the relationship cannot be salvaged. Suppose one party communicates an intention to separate resulting in the parties no longer living as a couple. As in that case, legal separation can be initiated by one party only.

There is no legal process to initiate or register a legal separation. You do not have to apply to a Court, complete any paperwork, or obtain a certificate. However, it is essential to take note of the date of separation for other proceedings you might wish to pursue.

If you are a married couple, you must be separated for 12 months before applying for a divorce to legally end the marriage. The date of separation should be noted (and agreed upon if possible) to avoid it becoming a contentious fact in any future Court proceedings.

Suppose the separation is not amicable or there are safety concerns. In that case, it is essential to obtain legal advice early to find out where you stand and what steps can be taken to protect yourself and your family.

Whether you agree as a couple to separate, or one party decides to end the relationship, there are hard decisions to be made:
  • How and when you tell others, including the children, about your family circumstances
  • Where each of you will live during the separation, and whether you can both remain in the house
  • If one of you leaves the house, what financial arrangements can be made to reflect your new living arrangements, including payment of rent or mortgage commitments
  • If one party moves out of the house, what items of property can that party take with them, and how will these items be accounted for
  • What are the arrangements for the children – who will they live with primarily, and how their time will be shared between the parents
  • How will the children be financially supported
  • How do you deal with joint bank accounts
  • What will happen to the house, car, furniture, superannuation, and other property

It is a good idea to get legal advice early. It is best to see your family law solicitor before moving out of the home or making arrangements for the children. Legal advice and guidance will ensure that you consider the short and long-term aspects of your potential actions.

Our family law team, led by Murray Crawford, offers a confidential, fixed-fee appointment to provide the advice you need. And we help you plan the way forward, given your unique circumstances.

Contact CLO Lawyers Today to Discuss Your Options.

Separation Law FAQ: Frequently Asked Questions

You and your partner will probably agree about who will vacate the house. However, if you do not agree, either of you can file a Court application for an order for sole use and occupation of the home, forcing the other party to leave. This order is only made in specific circumstances. Legal advice should be obtained before proceeding.

You may have suffered domestic violence at the hands of your partner. If so, you should obtain legal advice about getting a Domestic Violence Order forcing the other person to leave the house.

Suppose a Domestic Violence Order is made against you, specifying that you must not remain at the house. In that case, you must obey the order and leave the premises. You will not lose your rights to the house or your possessions by having to leave the property in these circumstances. You should seek urgent legal advice in this situation.

Suppose you leave home, either by agreement or otherwise. In that case, you should take your personal documents, including credit and debit cards, financial statements, tax returns, passports, personal identification, marriage certificate, birth certificates, items of sentimental value, and items your children will need if they are going with you.

In making decisions regarding the children, consider what is in their best interests. This includes ensuring that both parents can continue to have meaningful involvement in the lives of the children. Moving the children’s place of residence, thereby making it more difficult for the other parent to see them, should not be done without agreement. But if this is not possible, get legal advice.

You must ensure that the children are protected from physical or psychological harm.

Our family law team, led by Murray Crawford, offers a confidential, fixed-fee appointment to provide the advice you need. And we help you plan the way forward, given your unique circumstances.

Contact CLO Lawyers Today For Your Initial Consult.

You and your partner will probably agree about who will vacate the house. However, if you do not agree, either of you can file a Court application for an order for sole use and occupation of the home, forcing the other party to leave. This order is only made in specific circumstances. Legal advice should be obtained before proceeding.

You may have suffered domestic violence at the hands of your partner. If so, you should obtain legal advice about getting a Domestic Violence Order forcing the other person to leave the house.

Suppose a Domestic Violence Order is made against you, specifying that you must not remain at the house. In that case, you must obey the order and leave the premises. You will not lose your rights to the house or your possessions by having to leave the property in these circumstances. You should seek urgent legal advice in this situation.

Suppose you leave home, either by agreement or otherwise. In that case, you should take your personal documents, including credit and debit cards, financial statements, tax returns, passports, personal identification, marriage certificate, birth certificates, items of sentimental value, and items your children will need if they are going with you.

In making decisions regarding the children, consider what is in their best interests. This includes ensuring that both parents can continue to have meaningful involvement in the lives of the children. Moving the children’s place of residence, thereby making it more difficult for the other parent to see them, should not be done without agreement. But if this is not possible, get legal advice.

You must ensure that the children are protected from physical or psychological harm.

Our family law team, led by Murray Crawford, offers a confidential, fixed-fee appointment to provide the advice you need. And we help you plan the way forward, given your unique circumstances. Contact us today using the enquiry form at the foot of this page.

Contact CLO Lawyers Today For Your Free Initial Consult.

The period following separation is often accompanied by uncomfortable feelings, and grief for a life once lived or future unrealised.

Life following separation might be characterised by non-linear experiences of denial, anger, bargaining, depression, and acceptance, such as the 5 stages of grief identified by the psychiatrist Elisabeth Kubler-Ross.

To gain a sense of control following separation, seek guidance relating to the legal aspects of your situation by accessing the knowledge and support provided by a family lawyer. Murray Crawford and the family law team at CLO lawyers offer a confidential, fixed fee appointment to provide the initial advice you need to plan the way forward having regard to your unique circumstances. They help clients like you make decisions that need to be resolved, by providing critical information regarding:

  • What is best for the children, where will they live, and how will each parent share time with them
  • How parenting issues are dealt with by the Federal Circuit and Family Court of Australia
  • How to ensure you will be financially secure now and into the future
  • How the children will be financially supported
  • How your assets and liabilities will be divided, and the process to achieve a property settlement
  • Whether you can continue to live in your home while you sort out your financial arrangements
  • Whether you will be disadvantaged if you leave the home
  • Whether you need to formalise the separation or get a divorce
  • Whether you need to go to Court
  • How much it may cost in legal fees to finalise your family law arrangements
  • What you can do if you feel unsafe, and how can you protect yourself or your children

Most people don’t need to go to Court to plan for the care and support of their children or to finalise a property settlement. There is no requirement for the Court to decide parenting or financial arrangements for separated couples.

However, married couples must apply to the Court for a Divorce to end their marriage.

Murray Crawford and the team of Family Law experts at CLO Lawyers Toowoomba offers a confidential, fixed fee appointment to provide the advice and guidance you need to plan the way forward having regard to your unique circumstances.

Useful Links - Separating in Queensland

Below are some useful links to information regarding separation in Australia: