If you’re experiencing relationship breakdowns and looking for separation legal advice and need a lawyer, our team are here to help.
Brisbane's Leading Lawyers for Separation
Our skilled team of family lawyers is dedicated to offering the assistance and advice necessary to help you through this difficult time. With our in-depth understanding and expertise in family dispute resolution law, we are able to help you comprehend your rights and privileges during the process. Whether it is handling paperwork or working towards fair outcomes, our lawyers are committed to advocating for your best interests at all times.
What does separation mean under family law?
Separation is defined as the end of a marital or de facto relationship, where at least one party has the intention to sever the relationship and communicates this intention to the other party.
Under the Family Law Act 1975, separating can occur even if the parties continue to live under the same roof, provided that the relationship has ended in a legal sense.
Separation is crucial to advance the processes of divorce and property settlement, and specific conditions to be met for legal proceedings to continue.
The Process of Separation
The separation process in Australia consists of three main parts: decision to separate, agreements after separating, and formalisation of legal proceedings.
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Decision to Separate
When one or both parties decide to end the relationship, whether it’s a marriage or a de facto relationship, they must communicate this decision to the other party, either verbally or in writing.
Following this, they need to establish separate living conditions, even if still residing under the same roof, by demonstrating that the relationship has indeed ended.
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Separation Agreements
Establishing the separation date is crucial for legal proceedings such as property settlements and divorce applications.
Parties must reach a binding financial agreement after separation, especially on dividing assets, debts, and property.
Parenting arrangements for child custody and visitation should be made, either mutually or through legal means. It is essential to consult with a family lawyer to ensure your rights are protected and the process is handled correctly.
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Finalising Separating from Your Partner
To formalise agreements in relationships, de facto couples can use binding financial agreements or seek court orders.
Similarly, married couples can arrange similar agreements and may apply for divorce after a 12-month separation period. An application for divorce is typically filed with the Family Court, marking the legal end of the marriage.
If disputes over property, finances, or child custody persist, court proceedings might be necessary to achieve resolution and finalise the arrangements effectively.
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Areas of Expertise
At Rockwell Family Law, we understand the emotional rollercoaster you may be experiencing when deciding to separate. Our team of lawyers can help you with:
- Property Settlements
- Custody Arrangements
- Divorce
- De Facto Relationship
- Same Sex Relationship
- Relationship Mediation
- Relationship Dispute Resolution
Property Settlement After Separation
Our team of lawyers can provide invaluable assistance with property settlement after separation. Their expertise ensures that your rights are protected and that you receive a fair division of assets and property. They will help you navigate the legal complexities, offering strategic advice and representation throughout the process. Whether through negotiation or court proceedings, Rockwell Family Lawyers will work with you to make sure you get the best outcome tailored to your specific circumstances.
Child Custody & Parenting Arrangements
Our Brisbane family lawyers offer essential support in navigating child custody and parenting arrangements under family law. They provide expert legal guidance to ensure clients understand their rights and responsibilities concerning custody, visitation schedules, and parental duties for the wellbeing and best interests of the children. Throughout the process, our separation mediation Brisbane lawyers will offer emotional support and practical advice, helping our clients make informed decisions to achieve stable and supportive environments for their children after separating.
Legal Fees & Costs
If you’re looking for a lawyer but are concerned about the costs and fees, we’re here to support you financially until you get the outcome you’re after.
At Rockwell Family Law, we have been able to secure an innovative funding solution to allow you to access our legal services and ensure you get the best legal representation.
In most cases, you only pay a low interest rate on the money or we can work with you to come up with a repayment option.
This is general information only and is not to be relied upon. Any costs, fees and security requirements will be clearly outlined in the loan documentation which is provided by our finance partner and may differ from the above.
Our Family Law Approach
Responsive and proactive
We run 24/7, and we will leave no stone unturned in finding a solution for you.
Settle out of court
We offer a mediation first approach and where possible, try to settle before court becomes a requirement.
Exceptional results
Get the right outcomes for your life setup and structure.
Human2Human Approach
We know that matters we advise on are usually a human problem as much as a legal issue.
Dignified solutions
We understand the sensitive issues that come with Family Matters, Estate Planning, and more.
What Our Clients Have To Say
Results focused outcomes so you can move on.
Frequently asked questions
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What is a de facto separation?
De facto separation refers to the end of a relationship where two people have been living together in a domestic partnership without being legally married. In Australia, de facto relationships are recognised under the Family Law Act 1975 if the couple has been in a relationship as a couple living together on a genuine domestic basis. This includes both heterosexual and same-sex couples and involves the same legal considerations as marital separation, such as property division, financial settlements, and arrangements for children.
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Do I need to go to court to separate from my partner?
No, you do not need to go to court to separate. Separation involves deciding to live apart, and arrangements like property settlement and parenting can often be resolved without court intervention.
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What should I do first if I decide to separate from my partner?
It’s advisable to seek legal advice early. Consider discussing your situation with a lawyer to understand your rights and options regarding property, finances, and children.
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Can we use a mediator instead of going to court?
No, the laws regarding property and separation are similar for both married couples and de facto couples who have been in a relationship for at least 2 years (or less if there is a child of the relationship or substantial contributions were made).
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What if my ex-partner and I were in a de facto relationship? Are the laws different?
No, the laws regarding property and separation are similar for both married couples and de facto couples who have been in a relationship for at least 2 years (or less if there is a child of the relationship or substantial contributions were made).
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What happens if my ex-partner and I cannot agree on matters like property or children?
If disputes cannot be resolved through negotiation or mediation, you may need to apply to the Family Court or Federal Circuit Court for orders to settle these matters.