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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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Bennett Carroll Solicitors help Queensland clients choose the right law firm with experienced solicitors in Brisbane, Gold Coast, Sunshine Coast, and Ipswich. We provide transparent legal services, clear communication, and remote consultations by phone, email, or video, with in-person visits available. Our approach focuses on client comfort, co-operative dispute resolution, and plain English advice for family law, commercial law, wills & estates, litigation, and conveyancing matters.

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The definitive 2026 guide to Co-Ownership Agreements, Tenants in Common arrangements, and Property Partnership Agreements in Queensland. Whether you are purchasing as a couple, with friends, or as commercial investors, our expert property solicitors explain how to protect your equity, manage financial contributions, and establish clear exit strategies. Avoid costly legal disputes and clarify ownership shares with our FREE Solicitor-Designed Planning Questionnaire. Our firm provides 100% digital, fixed-fee legal services across Australia (excl. WA), ensuring your shared property investment is secure without the need for an office visit. Master the essentials of joint ownership, maintenance responsibilities, and dispute resolution today

Co-Ownership Agreements in Queensland: A Complete Guide to Shared Property Ownership

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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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