Separation brings uncertainty about your rights, finances, and family arrangements. Getting clear answers early makes a real difference in protecting what matters to you.
At Jameson Law, we’ve helped countless people navigate this process. The questions to ask your lawyer about separation in Australia often determine whether you walk away with a fair outcome or regret missed opportunities.
Your Rights, Obligations and Maintenance
Property Division: What You’re Actually Entitled To
Separation in Australia requires courts to divide property based on contribution and need under the Family Law Act 1975—not a simple 50-50 split. Your entitlement depends on factors like your financial contributions and non-financial contributions (homemaking).
Child Support: Understanding Your Monthly Obligation
If you have children, Services Australia calculates child support using a specific formula. This considers both parents’ incomes and care arrangements. Ask your lawyer to run the numbers so you understand exactly what you’ll pay or receive.
Spousal Maintenance: Eligibility and Duration
Spousal maintenance is not automatic. You qualify only if you cannot adequately support yourself. You must apply within 12 months of divorce or 2 years of de facto separation.
What Costs and Timeline Should You Expect?
How Much Your Separation Will Cost
Costs vary wildly. If you agree on property division, legal fees might range from $3,000 to $8,000. If you fight in court, costs can exceed $50,000. Most family lawyers charge between $300 and $750 per hour.
How Long Your Separation Will Take
Straightforward cases using Consent Orders can be finalised in 3 to 6 months. Court-contested cases typically take 12 to 24 months. The Family Law Act requires you to attempt Family Dispute Resolution before filing most applications.
Securing Your Assets During Separation
Gather and Protect Critical Documents Now
Protecting your interests starts with gathering documents. Collect bank statements, tax returns, and superannuation statements immediately. The Australian Government’s Attorney-General’s Department publishes resources on separating with debt to help you manage financial liabilities.
Disclose Your Complete Financial Picture
Full financial disclosure is mandatory. Hiding assets can damage your credibility and lead to penalties. Be honest about all assets, debts, and income sources.
Understand Superannuation and Complex Assets
Superannuation forms part of the property pool. Splitting it incorrectly costs thousands. Binding Financial Agreements can address super splitting directly, providing certainty for your future.
Final Thoughts
The questions to ask your lawyer about separation in Australia determine your outcome. Asking the right questions early prevents costly mistakes. Your lawyer should explain your rights and provide realistic timelines.
Your next step is scheduling a consultation. We at Jameson Law offer expert family law services to help you navigate this transition. Contact Jameson Law today to discuss your situation and get a clear roadmap for your future.
