Legal Separation Laywers

Separation in a marriage or de facto relationship can be stressful and confusing. Our family lawyers will help you manage the legal complexities around issues such as property settlement and child custody.

Property settlement is the process of finalising financial matters following separation. We can guide you through negotiations with your former partner so that you get what you’re entitled to. You may need to involve the courts if you cannot reach an agreement, and we’ll ensure the process is as smooth as possible.

If you have children, you must make decisions about their future – who they will live with, how much time they spend with the other parent, and what type of child support is required. Seeking legal advice about parenting arrangements before making an agreement or obtaining a parenting order is important. Even if an agreement is mutual and informal, there may be legal issues if the agreement ever breaks down. A formal agreement provides security and peace of mind.

If you want to apply for a divorce, you need to be separated for at least 12 months, but you can finalise property agreements and arrangements for your children before this step.

The sooner you get legal advice, the sooner you can start making important decisions about your future. Contact our family lawyers in Cairns today to discuss the best options for you and your family.

What constitutes a legal separation?

The term “legal separation” refers to the process of bringing a marriage, or a de facto relationship, to an end. Separation occurs when one partner tells the other that the relationship is over. If you are married, an Application for Divorce formally ends your marriage. You need to be separated from your spouse for a period of 12 months before you can file an Application for Divorce.

With our expert legal advice and support, you will be ready to start making important decisions about your future.

Separation agreements

Whether you are married or in a de facto relationship, you can enter into a separation agreement or Binding Financial Agreement (BFA) with your former partner after separation. A BFA specifies how you will divide your property, assets, and liabilities (if any).

Getting independent advice from an experienced family lawyer is important for understanding your legal rights and responsibilities.

The key to the success of these agreements is that you and your former partner both agree on the value of your property and assets (including any debts or outstanding loans), and what you consider to be a fair and just division. Before you sign a BFA, your lawyer can review the agreement and explain the advantages and disadvantages of the terms. If required, your lawyer can help negotiate the terms of the BFA with your former partner’s lawyer, so you don’t have to.

The BFA is legally binding once you and your former partner have received independent legal and financial advice before signing, and after both have signed the agreement.

Speak with one of our family lawyers in Cairns today to start this important process.