Separation Lawyers in North Brisbane
Andrews Family Lawyers is a family law firm located at Gasworks Plaza in Newstead in North Brisbane. Founded by Peter Andrews, a Queensland solicitor admitted in 2008, the firm has handled separation matters for individuals and families since 2013. As a seasoned separation lawyer, Peter advises clients on what separation means for their property, their children, and their finances, addressing each issue in order of urgency.
What Is Separation in Australian Family Law?
Separation happens the moment one person in a marriage or de facto relationship decides it is over. There is no form to file and no court order required. But the clock starts immediately. Married couples have 12 months from the date of divorce to apply for property settlement. De facto couples have two years from the date of separation. Miss those deadlines and you need the court’s permission to proceed. Parenting arrangements, superannuation splitting and Centrelink entitlements can all change from the date of separation, whether or not you have spoken to a lawyer yet.
What Separation Changes (And When the Deadlines Start)
Separation does not wait for you to be ready. The moment one person decides the relationship is over, time limits begin on property, parenting, support and safety. Each area has its own rules. Here is what Andrews Family Lawyers sees clients deal with most often in the first weeks.
Property and Finances
Everything you and your former partner own or owe goes into a single pool for division. The family home, any investment properties, savings accounts, business interests, vehicles, debts and superannuation. All of it, regardless of whose name is on the title.
We start most property matters with a single balance sheet appointment. You bring every asset, every liability and every super statement. The full financial picture goes on the table before any negotiation begins, so neither side is guessing.
Children and Parenting Arrangements
Separation forces several decisions about your children at once. Where will they live during the school week? How do weekends, school holidays and birthdays work? Who makes decisions about schooling, medical treatment and religion when you no longer agree?
We help separated parents put together parenting plans that reflect how your family actually works, or apply for parenting orders through the Federal Circuit and Family Court when agreement is not possible. Where child support needs to be set up or adjusted, we handle that alongside the parenting matter so you are not running two separate processes.
Spousal Maintenance
One partner may be entitled to ongoing financial support from the other if they cannot adequately support themselves after separation. The court considers income, earning capacity, age, health and the standard of living during the relationship.
Peter Andrews raises spousal maintenance early, usually during the first balance sheet appointment, because it is often missed until one party is already financially stretched. A partner who left the workforce to raise children or who earns significantly less may need interim support while the property settlement is being negotiated. Waiting until the property matter is finalised can mean months without adequate income.
Separating Under One Roof
You can be legally separated while still living in the same house. In Brisbane, where rents and mortgage repayments make an immediate move difficult for many families, we see this regularly.
We walk clients through how to record these changes from day one. The date of separation is what starts the 12-month and two-year property deadlines. If that date is disputed, every deadline built on it is disputed too.
Safety and Family Violence
Where family violence is present, safety planning comes before property, before parenting, before anything else on this page.
Our domestic violence team can apply for protection orders through the Brisbane Magistrates Court and connect you with DV Connect (1800 811 811) and other support services. You do not need a police report first.
How the Separation Process Works
Step 1: Free Phone Consultation
Call the office. The first conversation is free, 20 minutes, over the phone. Peter Andrews or one of the team will ask about your relationship (married or de facto), whether kids are involved, and roughly where things stand financially. You are not committing to anything. By the time you hang up, you will know what needs dealing with first and whether any of it is urgent.
Step 2: Priority Setting and Fixed-Fee Quote
You do not need to tackle everything on day one. Some things are urgent: safety, interim arrangements for the kids, locking down assets that might move. Other things, like valuations and formal disclosure, come later. The firm maps that out and, where the work is clear enough to scope, gives you a fixed-fee quote before anything starts.
Most of these matters settle without a courtroom. The firm drafts whatever fits your situation: a separation agreement, binding financial agreement or consent orders. If mediation makes sense, they handle that too. And if the other side will not come to the table, Peter Andrews tells you what litigation actually looks like before you spend money on it.
Step 4: Finalisation and Referrals
Agreements get signed or orders get made. The firm checks that everything is filed properly and enforceable. If you need a financial planner, accountant or counsellor after that, they have referral contacts.
Why Andrews Family Lawyers
Peter Andrews trained at Clayton Utz. In 2007 he moved to suburban family law. In 2013 he opened his own firm. Since then it has done one thing. Separation. Property. Parenting. Nothing else.
That matters when you are sitting across the desk from someone at your first appointment. Peter works through every issue in that meeting, puts them in order, and deals with the urgent ones before the expensive ones. Fixed fees where the scope is clear. Written quotes before work starts. No surprises on the invoice.
The firm works out of Gasworks Plaza in Newstead and has a second office at Varsity Lakes on the Gold Coast. Peter is on the Queensland Law Society Register of Solicitors. Professional indemnity insurance is held under the scheme approved by Professional Standards Legislation.
Frequently Asked Questions About Separation
Do I Need My Partner’s Agreement to Separate?
No. One person decides, and that is it. No consent required, no court application. Write the date down somewhere, a text message, an email, even a note on your phone, because that date is when the property settlement clock starts ticking.
Can I Separate and Still Live in the Same House?
Yes, and plenty of people in Brisbane do. Rent is expensive. Moving out is not always an option straight away. But you need to show the relationship is actually over: separate bedrooms, separate bank accounts, separate social lives, and at least one person outside the household who knows. Peter Andrews walks clients through what to keep and how to keep it, because if the other side later disputes the separation date, the evidence from that first week is what the court looks at.
What Is the Difference Between Separation and Divorce?
Separation is when you split. Divorce is a court order that formally ends the marriage, and you cannot apply for it until 12 months of separation have passed. They are two different steps. You do not have to sort out property or parenting before you file for divorce. But here is the part people miss: once the divorce order comes through, you have only 12 months to apply for property settlement. After that you need the court’s permission.
How Much Does a Separation Lawyer Cost in Newstead?
The first call is free. Twenty minutes, no obligation. After that, the firm quotes fixed fees where the work can be scoped and written estimates where it cannot. What you pay depends on whether your matter involves property, kids, contested issues or consent-based agreements. You will get a costs agreement before any billable work begins.
What Should I Do First After Separating?
Write down the date. That is the single most important thing. Then start pulling together financial records: bank statements, super statements, mortgage documents, tax returns. If safety is a concern, call the police or 1800RESPECT (1800 737 732) before you do anything else on this list.
Speak With a Separation Lawyer
Twenty minutes on the phone with Peter Andrews or the team will tell you where you stand on property, parenting and deadlines. No charge for that first call.
Andrews Family Lawyers works with clients across Newstead, Teneriffe, Fortitude Valley and greater Brisbane.
This page provides general information only. It is not legal advice. Family law outcomes depend on your individual circumstances. Speak with a family lawyer before making decisions about your matter.