A Clear Guide to Separation, Parenting and Property Settlement in Australia (2025 Update)

Separation is stressful, especially when children or property are involved. This guide explains the key legal steps in Queensland and how to protect yourself during the process.

1. What Happens After Separation?

You do not need to go to Court. Most families resolve matters by:

• Negotiation

• Mediation

• Lawyer-assisted discussions

• Consent Orders (filed electronically)

2. Parenting Matters: What the Court Considers

The Court applies the best interests of the child test, considering:

• Safety (family violence, risk)

• Stability and routine

• Each parent’s capacity

• Relationship with each parent

• Views of the child (depending on age)

Common outcomes include:

• Parenting plans

• Consent Orders

• Equal shared parental responsibility or sole parental responsibility

3. Property Settlement: The 4-Step Approach

Based on Stanford v Stanford:

1. Identify and value the asset pool (including overseas assets)

2. Assess contributions

3. Assess future needs

4. Check if the outcome is just and equitable

Assets include:

• Real estate

• Superannuation

• Family home

• Business assets

• Cars, shares, crypto

4. Time Limits

• Divorce couples: 12 months after divorce

• De facto couples: 2 years after separation

5. How We Help

• Fixed fees for consent orders

• Drafting affidavits and evidence

• Negotiation strategy

• Court representation