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Advice & Articles

3 Essential Steps When Separating: Married, De Facto, With or Without Kids – Family Lawyers

  • Published: 5 June 2024
  • Last Updated: 5 June 2024

3 Essential Steps When Separating: Married, De Facto, With or Without Kids - Family Lawyers

Going through a separation can be a challenging and emotional journey. At Bennett Carroll Solicitors we are here to guide you through every step of the process, ensuring your rights and interests are protected. Here’s a straightforward guide to help you understand the key steps involved in separation, whether you are married, in a de facto relationship, with or without children.

 

3 Essential Steps When Separating: Married, De Facto, With or Without Kids - Family Lawyers

Step 1: Separation

Duration: You must be separated from your spouse for at least 12 months before applying for a divorce. This period allows both parties to consider reconciliation and ensure that separation is the right decision.

Learn more about why the date of separation is crucial

3 Essential Steps When Separating: Married, De Facto, With or Without Kids - Family Lawyers

Step 2: Key Considerations

Children: If there are children under 18, the court must be satisfied that proper arrangements have been made for their care. Ensuring the well-being of your children is paramount, and you need to establish a clear and workable parenting plan.

Get guidance on parental responsibilities, visitation rights, and child support

3 Essential Steps When Separating: Married, De Facto, With or Without Kids - Family Lawyers

Property and Finances: Divorce does not automatically resolve property and financial issues. Separate proceedings may be necessary to address the division of assets, liabilities, and spousal maintenance. Understanding your rights and obligations in these areas is crucial for a fair settlement.

Navigate your rights and obligations after separation

3 Essential Steps When Separating: Married, De Facto, With or Without Kids - Family Lawyers

Step 3: Navigating the Divorce Process

The final step involves formally navigating the divorce process. This includes filing for divorce, attending court hearings if required, and finalizing the divorce order. Legal guidance is essential to ensure all aspects of the separation, including property settlements and child custody arrangements are properly managed.

Seek expert legal advice for property settlements and child custody arrangements

3 Essential Steps When Separating: Married, De Facto, With or Without Kids - Family Lawyers

At Bennett Carroll we are committed to providing compassionate and comprehensive legal support throughout your separation journey. Contact us today to schedule a consultation and take the first step towards a brighter future.

Our family law solicitors will listen to you, assess your problems, explain the relevant law and outline your options. We will give you time to think about your options, without any pressure, and help you make an informed decision before proceeding.

Call us on 1300 334 566 or email info@bcglaw.com.au and safeguard your interests every step of the way- We are your legal problem solvers.

 

We have law firms located in South East Queensland.

Brisbane North (Stafford)

Brisbane South (Upper Mount Gravatt)

Gold Coast (Mermaid Beach)

Sunshine Coast (Birtinya)

 

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A comprehensive guide for separating couples in Queensland, including Brisbane, Ipswich, and Gold Coast, detailing the financial 'hidden costs' of keeping the family home after a split, and explaining the strict 4-step property settlement process under the Family Law Act 1975 (Cth) used by courts to determine a fair division of assets and debts, including the family house and splitting the mortgage and assets.

Who Gets the House After Separation? The Hidden Costs of Keeping It

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Navigating Divorce and Separation: Seeking Legal Advice for Property Settlements and Child Custody Arrangements – Legal advice article

Preparing for your first family law consultation in Queensland doesn't need to be overwhelming. Learn what documents to bring, what questions to ask, and what your family lawyer will need to know to give you tailored advice from day one.

How to Prepare for Your First Family Law Consultation in Queensland

Understand how de facto property settlement works in Queensland under the Family Law Act 1975, including the two-year time limit, eligibility rules, and how property is divided. Bennett Carroll acts for de facto couples QLD-wide.

De Facto Property Settlement in Queensland: What the Law Actually Says

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This information is provided for general informational purposes only and does not constitute specific or personal legal advice. Please consult with a qualified member of our team for advice regarding your specific situation.

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