Separation in a marriage or de facto relationship can be not only stressful but also 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 make sure that the process is as smooth as possible.
If you have children, you will need to 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. Getting legal advice about parenting arrangements before making an agreement 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.
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 brings your marriage to an end. You have 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.
Whether you are married or in a de facto relationship, after separation you can enter into a separation agreement or Binding Financial Agreement (BFA) with your former partner. A BFA specifies how you will divide your property, assets, and liabilities (if any).
It’s important to get independent advice from an experienced family lawyer to understand 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 then both have signed the agreement.
Speak with one of our family lawyers in Cairns today to start this important process.
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