LGM Family Law will assist you in being prepared and understanding your rights and obligations. Separation marks the beginning of a new journey in your life. It is important to be prepared early and to understand your rights and obligations.
How LGM Family Law Can Assist You
There are a number of practical things for you to do or consider on or prior to separation that can have a real bearing on your final outcomes at family law, both in relation to the division of property and regards arrangements for your children post separation. You will also need to understand what are your entitlements in relation to the division of property and what you can expect at family law in terms of parenting arrangements. Even if, like most people,you do not go to Court, it will assist you greatly in negotiations with your former partner if you have had prior advice about these matters.
LGM Family Law are family lawyers practising exclusively in family law. We are concerned to ensure that you have this advice and take appropriate steps early on, whether prior to or soon after separation. We provide a Separation Action Plan at a fixed rate including an initial consultation where we can address these issues with you. Click on Obtaining Legal Advice Before or Soon After Separation for more information about our Separation Action Plan.
We are also happy to provide you with some complimentary advice over the phone but you will need an initial consultation for more comprehensive advice. In the meantime, for more information concerning separation, read our article Practical Steps to Consider on Separation and listen to our video concerning separation which you can access under Services.
Further Information Concerning Separation
Many people separate by one person physically leaving the home and either or both parties communicating that the marriage or de facto relationship is at an end. You can also be separated “under the one roof” continuing to live in the same accommodation provided it is a genuine separation.
You can resolve all property and issues concerning children once you are separated. You do not have to divorce first.
We suggest that you keep a record of the date of separation and ensure that you communicate your intention to separate to your former partner at the time of separation. Communicating that you have separated to your family and friends at the time is also advisable in the event that your former partner may later dispute the date of separation.
Married Couples / Period of Separation Before You May Apply for a Divorce
You must be separated for not less than 12 months before you may apply for a divorce order.
De Facto Couples / Period of Separation After Which You Must Obtain Leave of Court to Obtain Assistance of the Court
If you are in a de facto relationship, the date of separation is important for determining when the period of 2 years from the date of separation expires. After that time, if you require the assistance of the Court for property matters, you must obtain leave of the Court to apply and that leave may be difficult to obtain.
We prefer to meet you in person but are happy to have a telephone consultation if this suits you. At an initial consultation, we will take some particulars from you so that we can provide you with advice about the likely outcome at family law for your particular circumstances and estimated costs if you wish to proceed further.
Free Phone Consultation: (07) 3506 3651
