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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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Incoming Inheritance During Divorce – Who gets What and Why?

“A Child’s Best Interests” – The Court’s Perspective

“A Child’s Best Interests” – The Court’s Perspective

Separation and Vaccination – Can my ex legally vaccinate my child without my consent?

Understanding Binding Child Support Agreements in Australia: A Comprehensive Family Law Guide

Are you entering a de facto relationship or getting married in QLD and worried about asset protection? Don't leave your property, superannuation, or business to chance. A Binding Financial Agreement (BFA) is the only way to bypass Family Court property settlements. Our Head of Family Law, Samantha, specializes in watertight legal agreements that provide financial certainty and peace of mind. Discover the benefits of a BFA, avoid common legal pitfalls, and get a certified legal advice certificate from our Queensland family lawyers in Brisbane and the Gold Coast.

Binding Financial Agreements Australia | Protect Your Assets

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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