Separation
Separation Lawyers Noosa, Sunshine Coast
Separating from a spouse or de facto partner brings with it many issues to consider and deal with. If you have separated, or separation seems likely, our experienced Noosa family law solicitor can provide you with useful legal advice that will help you understand your legal position and stand you in good stead as you embark upon the process of finalising legal matters through some form of family dispute resolution.
Whilst not every marriage or relationship breakdown will involve all potential issues, the most common issues which could be relevant include:
- Parenting issues – making arrangements for the care, welfare and development of the children of the separating parents (including their living arrangements, the time they will spend with each parent and other extended family members, which school they will attend, etc);
- Property issues – dividing the assets, liabilities and financial resources of the separating couple (including splitting superannuation entitlements and allocating responsibility for debts);
- Financial support – this could relate to the payment of child support for children of the separating parents and/or payment of spouse maintenance by one spouse/former partner to the other;
- Domestic violence/abuse – in some situations, one party to the marriage or relationship may require protection from the other if the other is perpetrating acts of family violence;
- Ancillary issues – whilst not strictly family law issues, other legal matters need to be addressed following separation, such as Wills, Enduring Powers of Attorney and superannuation beneficiaries.
Whilst for married couples it is not possible to apply to the court for a divorce until they have been separated for 12 months, it is often appropriate and beneficial for separated couples (both married and de facto – including same sex couples) to start to deal with family law matters sooner rather than later. For former de facto partners, it is critical that they formally resolve their financial affairs within two years of the date upon which they separated. This is the time limit for de facto partners to commence court proceedings for the division of the relationship assets, liabilities and financial resources.
Seeking early advice from our family law solicitor will reduce the risk of you being caught “on the back foot” if your spouse or former partner happens to obtain early advice themselves. With a general understanding of your legal rights, obligations and entitlements, you will be better placed to make informed decisions and cope with the stress of the situation you are dealing with. We will be there to guide and support you, and to ensure that your interests are protected.
Lindsay Woods has been a Queensland Law Society Accredited Specialist in Family Law since 1997. He is a very experienced family lawyer on the Sunshine Coast and can help you if you have separated or are planning to separate. To find out more about our services, or to find out where you stand, call us now to arrange an appointment with Lindsay, or submit your enquiry online here.
Arrange a consultation with one of our lawyers to discuss your legal matter today.
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