The end of a relationship can be hard for everyone involved whether the relationship be marriage or de facto.  The more you can know about the legal side of the separation, the better understanding you’ll have as to what to do next.

Once you have separated, there are some things that are important to do prior to seeking a divorce. You will need to inform organisations like Centrelink, banks, superannuation and insurance companies.  You need to be separated for at least 12 months before you can apply for a divorce.

Divorce is the official end of a marriage but is not necessary to finalise property and children’s matters. You can separate and make arrangements for children, finances and property without getting divorced.  Remaining married post separation may affect your financial rights and obligations. Meet with our Team to find out how. A divorce will be necessary if one partner wishes to remarry.

De Facto Relationships

Contrary to popular belief, a de facto relationship is not solely determined by the time spent together. A de facto relationship is defined as 2 people living together on a genuine domestic basis. Separation in de facto relationships is treated much the same as separation for married couples. This includes issues relating to finance, property, children and custody matters.

Children’s Matters

It’s important to remember that the court will always try to determine matters based on what is best for the children and want them to have a relationship with both parents and other family members important in their life.

Most parents love their children and want to be a part of their lives, however no one parent can simply take the children and move to another state without the other’s consent or permission from the Courts and if they did so, you have rights to seek the childrens’ return. The facts surrounding your circumstances need to be properly assessed by our legal Team for specific advice on your rights.

Matters of Child Support are very complex and differ greatly for each situation. If possible, you can make a private, amicable agreement to be drafted by a Family Lawyer, being either a Binding Child Support Agreement or a Limited Child Support Agreement.  Contact us to allow us to explain the difference.

Spousal Maintenance

Spousal maintenance is money that may be payable from one spouse to another due to the circumstances of the relationship. In most cases, maintenance is only payable where one partner is unable to reasonably support themselves and the other has the capacity to provide financial support. Spousal Maintenance can be sought on an urgent basis if one spouse is withholding financial support.

Spousal Maintenance should not be confused with Child Support as they are two entirely separate issues.

Where to Start

First and foremost get advice.

Make an appointment with a Family Lawyer in order to get accurate advice regarding your situation. They will need some information from you such as full names and dates of birth of those involved, the type of relationship, the beginning and end dates of the relationship, children in the relationship, property and financial resources of both parties at the start of the relationship, contributions by both parties towards financial and children’s matters and an overview of what is left now including values.

This information will allow your Family Lawyer to understand your situation and provide you with relevant legal advice on what to do next.

MCG Legal can provide you with the assurance of skilled advice and representation to help you resolve your situation. Whether you are on the Gold Coast, Brisbane or anywhere else in Queensland, we will walk you through the available options and advise you on the path to take to achieve the best outcome for you. In some instances assets may be tied up in your marriage but no cash. DO NOT let that stop you from seeking legal advice. Many lawyers including MCG Legal can assist you in working around the financial issue. See our article “Affording Legal Fees”.

Find out more about our lawyers and read testimonials from past clients.

We invite you to contact us regarding a free 30 minute initial consultation. 

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