Separation is a very stressful and painful event. This is a difficult time to make balanced decisions. There are vital questions that need to be resolved before people can start to get their lives back on track.

Who will stay in the family home?

Who will the children live with?

How will the rent or mortgage be paid?

Who will pay family debts?

How will the children keep in contact with both parents?

This is a time when you need support, orientation and correct focus.
A lawyer with wide experience in Family Law can give you balanced and practical advice on the wide variety of issues that confront you.

In Australia, there is no procedure for filing for Legal Separation.

Can I Apply For My Own Divorce?
We do not recommend that you apply for your own divorce, unless you have plenty of spare time and lots of patience. Although the form looks simple enough, the Rules of the Family Court are still quite difficult for the lay person. (One of our clients who applied for her own divorce had the papers sent back 13 times for correction.)

The composite solicitor's fee recommended by the Family Court is $630.00. This is a small cost to take the worries and hassles off your shoulders. Divorce applications can now be dealt with by the Federal Magistrates Court Service, where the filing fee of $250.00 is significantly lower than the Family Court fee ($525).

De Facto Marriages
The Family Court can deal with issues about the care and maintenance of children of de facto marriages, but cannot yet deal with property issues. In Queensland there is no De Facto property legislation at present. The rights of the parties must be determined by Common Law principles.

The circumstances in each case will determine the parties' share of the assets they have built up together. Because an asset may be held in the name of one party only does not mean that the other party has no rights. Legal advice should be taken on these questions. A decision to launch a legal action needs to be a considered one.

For further information please email us today