Separation Lawyer Brisbane

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Separation is when you stop living together as a couple, even if you are still living in the same house.  You do not need to get permission or your partner’s agreement.  If you are new to Australia or worried about your residency, get legal help from your trusted separation lawyer in Brisbane.

I have just separated, what should I do now?

Separating from a long-term partner can be a stressful and overwhelming process. Although, you do not have to apply for a separation, there are still many important matters that you will need to consider and deal with. After separation, many couples will need to:

To protect your present and future interests, it is important to engage a separation lawyer that understands the family law process, your needs and the extensive circumstances that may need to be considered. Our separation solicitors in Brisbane are experienced, thorough and pragmatic.

You owe it to yourself and to your family to seek comprehensive advice to ensure that your decisions are well informed and are in your best interests. Love Family Lawyers are here to help and will guide you through this process.

You can speak to one of our separation lawyers today by phoning (07) 3390 2344.

Can I apply for spousal maintenance?

After separation, a legal or de facto spouse may seek spousal maintenance under the Family Law Act. If the spouses’ incomes are significantly different at the time of separation, spousal maintenance may be due. If a spouse is entitled to spousal maintenance, the spouse with the higher income must financially maintain him or her. Depending on the conditions, this may be paid in instalments or as a lump payment.

To know more about spousal maintenance and if you’re entitled to it, we encourage you to contact us. We have family law solicitors near you, ready to help.

What will happen if I leave the family home?

If you do leave the family home, you will not lose your rights to the house, your belongings or any other assets of the relationship.

If you do need to leave your home urgently, it is best to take all your legal and financial papers with you, such as:

Will I still be entitled to my share in the property?

Yes, you will be entitled to your share even if you leave the family home.  Property is usually shared fairly following a divorce, but the manner in which it is divided will depend on your specific circumstances. It may not matter that the property is solely in one person’s name, and you may still have property rights even if you earn little or no money.  To find out more about Property Settlement, see our dedicated property settlement information page.

How long do I have to wait before I can get a divorce?

The only legal condition for obtaining a divorce is that the marriage has ‘irretrievably broken down,’ as evidenced by the husband and wife being apart for 12 months with no chance of reconciliation. You are free to remarry once your divorce is finalised. To find out information about divorce see our dedicated divorce information page

Who will get custody of the children if we separate?

If there is a dispute in relation to the arrangements for the children you should seek legal advice to resolve matters as quickly as possible. Firstly, you must understand that there is no legislation dictating who should have custody of the children in the event of a separation. As a result, it is up to both biological parents to decide how the children will be cared for when they separate.

To find out information about children’s matters see our children’s matter information page

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