If you are ending a marriage or de facto relationship and need some legal advice about the separation process, our highly experienced family lawyers are here to help.
We know it’s already challenging. We’ll simplify the process for you while providing the advice you need to make informed decisions in the future.
Whether you need to arrange living arrangements for your children or divide your assets and liabilities, we’ll help you achieve your goals efficiently and effectively.
Leaving a significant relationship shouldn’t add financial pressure to your situation. Our team is committed to providing quality guidance at reasonable prices.
Going through a breakup is never easy, and many people don’t understand how to navigate their family law matter effectively. The legal processes in this area can be complicated, and we know it can be even harder to manage when emotions run high. We offer guidance and support during these times, providing clear advice about what you’ll need to finalise your ex-partner and how to best approach this during your separation.
Start With a Free 15-Minute Consult
We understand you probably have a lot to think about already. If you need help navigating a separation, completing a divorce application, advice on a Binding Financial Agreement or some support creating a parenting plan, get in touch.
We have offices near Brisbane, in Logan and on the Gold Coast.
“Thank you to the team at Advance Family Law for guiding me through a very traumatic time and giving me direction and more fundamentally, hope, that not only would my interests be protected but that the outcome achieved would be fair, reasonable and equitable, which it was.”
– J.M
Effective & Efficient Family Law Solutions
Your situation is unique, which is why we’ll take time to understand your circumstances and listen to what you want to achieve.
We’ll provide advice about your legal options and are here to assist you every step of the way.
From organising mediation to representing you in court, you will always feel supported working with the team at Advance Family Law.
Simply contact us to book an initial free 15-minute phone discussion to help us get an idea of how we can help.
Our separation lawyers will ensure you know your options, rights and responsibilities so that you can make informed choices about your matter.
You’ll have the guidance and support to manage your family law matter successfully and start moving forward with your life.
The Family Law Act is Australian legislation that governs divorce, property settlements, and child custody arrangements, ensuring fair and equitable outcomes for families during separation and divorce proceedings.
A separation lawyer is a specialised family lawyer focusing on legal matters related to the end of de facto relationships. They manage separation agreements, property settlements, and child custody arrangements, offering comprehensive services including drafting financial agreements and court representation.
Courts determine property settlements in divorce and separation cases by considering numerous factors specified in the Family Law Act. A lawyer offers essential guidance on property issues and represents clients in court proceedings. This process includes assessing financial resources, recognising financial contributions, and drafting binding financial agreements. Lawyers strive to achieve favourable outcomes by ensuring all aspects of the client’s financial situation are thoroughly evaluated and accurately presented, aiming for a fair and equitable distribution of property.
The amount of child support payments you’ll need to pay is determined by a formula that considers both parents’ incomes, the number of children, and care arrangements. You can use the online child support calculator provided by Services Australia for an estimate. Private agreements between parents are also possible. Consulting a family lawyer can help you understand your obligations and ensure all relevant factors are considered in government and private arrangements.
Shared parental responsibility, defined in the Family Law Act, requires parents to collaboratively make significant decisions about their child’s well-being. Family law services offer detailed guidance on parenting arrangements, prioritising legal solutions and the child’s best interests. A lawyer can help draft parenting plans and consent orders to ensure these agreements are legally recognised.
Many separation and family lawyers offer payment plans, but if you genuinely can’t afford legal advice, you can obtain advice from community legal centres, Legal Aid, or nonprofit organisations that provide free or low-cost legal services. These resources guide various legal issues, including family law, and can help you understand your rights and options. Additionally, many organisations offer resources and helplines for further support.
Domestic and family violence significantly impacts family law matters, influencing decisions on child custody, property settlements, and protective orders. Courts prioritise the safety and wellbeing of affected family members. Evidence of violence can lead to restricted visitation rights and altered custody arrangements to protect victims. Seeking legal advice is crucial to navigate these complex issues and ensure proper protection and fair outcomes in family law proceedings.
Binding Financial Agreements (BFAs) and Financial Consent Orders are not the same. BFAs are private agreements between parties regarding financial arrangements and property settlements made before, during, or after a relationship. They do not require court approval. Financial Consent Orders, on the other hand, are court-approved agreements that have legal force. They formalise settlements and financial arrangements, ensuring compliance with court standards. Both serve to outline financial matters but have different legal standings and processes. Lawyers provide independent legal advice, ensuring clients understand their legal rights and obligations.
Unlike divorce, no formal process is required by law to end a de facto relationship officially. However, you should notify the relevant authorities and update your legal documents. De facto couples should seek legal advice to formalise property settlements and parenting arrangements. This may involve drafting a Binding Financial Agreement or applying for Consent Orders through the court to ensure your financial and parental arrangements are legally recognised.
Cohabitation agreements and prenuptial agreements are not the same. A cohabitation agreement outlines financial and property arrangements for couples living together without marrying.
A prenuptial agreement, or “prenup,” is a written agreement between couples planning to marry that details asset division and financial responsibilities in case of divorce. Both agreements aim to protect individual interests but apply to different relationship stages.
No, there are no different laws for ending same-sex and opposite-sex relationships in Australia. The Family Law Act 1975 applies equally to all couples, regardless of gender. This includes the processes for divorce, property settlements, and child custody arrangements. The law ensures that all relationships are treated with the same legal standards and protections.
To avoid court proceedings after ending a relationship in the Federal Circuit and Family Court of Australia, consider mediation or collaborative law, which can resolve disputes amicably. Court proceedings become necessary when negotiations fail, especially in cases involving family violence, child protection, or complex property disputes.
If you’re unsure whether you need legal assistance, contact our experienced Gold Coast team today for personalpersonalisede on your situation. We can discuss options to help you navigate the process effectively.
Separation under the same roof is when a couple decides to separate or end their relationship but continues to live in the same house with their former partner. Despite living together, they maintain separate lives, finances, and often sleeping arrangements, indicating their intention to live separately. This arrangement can have legal implications in family law matters, particularly regarding the start date of separation for divorce and property settlement purposes.
OPENING HOURS
Monday …………….. 8:30 am – 5:00 pm
Tuesday ……………. 8:30 am – 5:00 pm
Wednesday ……….. 8:30 am – 5:00 pm
Thursday …………… 8:30 am – 5:00 pm
Friday ……………….. 8:30 am – 5:00 pm
Saturday – Sunday …………… ( Closed )
