MCG Legal    Area of Law    Divorce Lawyers Gold Coast

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. Our Gold Coast divorce lawyers 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 our experienced Gold Coast divorce lawyers today, regarding a free 30 minute initial consultation.

Recent Articles

What if You're a Stay-at-Home Mum and Getting Divorced?

It is a sad fact that not all relationships last. For many couples, the assets they accumulate during their relationship represent their entire life’s savings. So you might be asking: is there any position more disadvantageous than that of the stay-at-home mum? Well, don’t despair – th...

Read More

The Best Co-Working Spaces on the Gold Coast

In recent years, the Gold Coast has become an entrepreneurial hub. As any entrepreneur would know, the flexibility associated with working for yourself is much better than the 9-5 grind of being chained to a desk. However, with freedom comes procrastination. Fortunately, there are plenty of great co...

Read More

Professional meet-ups on the Gold Coast

If you believe the old adage “it’s not what you know but who you know” then you will appreciate the importance of meeting like minded people. Professional meetups have been around for quite some time, and people know of them as an excellent way to meet new people with similar interests. Howeve...

Read More

Tips to Remember When Purchasing a New Home

Purchasing property is often the most significant purchases you will ever make. It’s a complex process requiring many decisions. However, there is no need to panic! We help property buyers and sellers on the Gold Coast and throughout Queensland with this process all the time. The following ar...

Read More

Our Top Australia Day Activities

You can’t beat Australia day on the Gold Coast! Cold drinks, great surf and raucous backyard parties. It doesn’t matter where you turn, you’re in for a good time. If you need some fresh ideas on how to spend your Australia day, check out some of our favourite ways to celebrate Aus...

Read More

Nick's Story

Last month we gave you an insight into MCG Legal’s Principal and founder Matt Gill. This month we’re throwing the spotlight on Nick Harrison! Nick arrived at MCG Legal with a unique blend of theoretical and ‘real life’ experience. Before becoming a lawyer, Nick served the community for appr...

Read More

Everything you need to know about DNA & Paternity testing

In Australia, it is estimated that more than 10,000 people each year sign up to find out whether their child is, in fact, biologically theirs. While that number seems large, it isn’t compared to places like the United States, where there are about five times as many paternity tests per head as...

Read More

Updates On E-conveyancing in NSW

Times are changing, and technology is playing a more pivotal role in conveyancing and the property services industry as a whole. As a Gold Coast law firm that helps clients with conveyancing and property work, we wanted to highlight to all our clients in NSW the changes that have recently been made ...

Read More

Why You Need a Strong Advocate on Your Side

Having a strong advocate on your side is critical. In this piece we dive into why it is so important to get you the best possible outcome. You don’t want a piecemeal lawyer who can’t tell you directly what they believe your best course of action. Having clear advice helps put on the path...

Read More

5 Reasons To Keep Your Will Up To Date

A Will is one of the most important legal documents you will ever sign. Despite this, only 59% of Australians actually have a Will and many of those do not have a Will that reflects their current circumstances. You cannot overlook the importance of planning for your family’s future. If you do ...

Read More

How We Help Clients Referred To Us

For most professional service providers, a great deal of work comes through referrals. The reason for this is that most professionals focus their advice in a particular area, and as such, when questions come up that they cannot help with, they want to make sure their client gets the best advice from...

Read More

Matt's Story

Many of you will know that MCG Legal has been advising Gold Coast businesses for over a decade, but have you heard how we started out? Our Principal and founder Matt Gill started MCG Legal in 2009, but you may not know that before starting his life in law, Matt served for over a decade as a police o...

Read More