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Separation with lawyer Peter Hooper


Peter Hooper is the legal practitioner Director of Brisbane Family Law Specialists Pty Ltd trading as Hooper Family Lawyers. Peter has been a Queensland Law Society Family Law Accredited Specialist since 2007. He’s been in the Redlands for about 10 years now.


I felt it was important to have a lawyer on the show to educate and inform the listeners about separation. Peter explained that…


Separation under the law requires three things


  1. That there’s an intent to separate by one party.
  2. A communication of that intent to the other party.
  3. And then acting upon it.


If somebody decides the marriage is over and then through words or actions communicates that to the other party and then they act upon it, that’s an official separation.


Just by leaving the house simply does not mean there’s a separation there. And indeed, staying in the house doesn’t mean there’s a separation.


What separation can look like


You can be separated under one roof, or you could be together and in different houses. The physical separation is not the real issue. It’s more the intention.


Peter explained it’s not unusual to get somebody to come in and look for advice before, thinking of separating and they want that advice to see what would happen if that occurred. What would that look like? And sometimes there’s an incident for example infidelity or something along those lines. So, the person in question isn’t sure whether they want to separate or not, they’re just simply seeking some information.


Under the family law act, legal practitioners are required to refer appropriate people to counselling services. And that’s in an effort to preserve the relationship, which is ultimately in the best interest of everyone concerned.


Why it is important that people have independent advice from a lawyer


Ensuring there is a power balance. It’s to empower individuals so that one party can’t exert power or influence over the other party. So, the family law act contemplates that people ought to reach agreements with respect to their parenting and property issues, but you cannot do that if there’s a power imbalance. So independent, legal advice addresses that imbalance.


Mediation is helpful with mechanisms and interventions in place to prevent power in balance. The fundamental requirement of independent legal advice goes towards that. A lawyer has an obligation not to be conflicted in terms of their duty and interest as well. So that’s an ethical obligation there that if I’m acting for you, then I need to put all of my efforts into acting in your interests. And I can’t divide that between you and another party.


Some interesting tips from my interview with Lawyer Peter Hooper



If you are in the position of separation make contact with Peter Hooper to get those questions answered and I can support you with the emotional and the anxiety that can come with this stressful time in your life.




Tune into to my Empowered Marriage Podcast to learn more. This fortnight’s podcast is available now and discusses this topic in more depth. Separation with lawyer Peter Hooper – https://www.powerofchange.com.au/empowered-marriage-podcast/


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