Family Law Solicitors Queensland

To be eligible for a divorce, you need to be separated from your spouse for a period of at least 12 months. There are a number of factors that are taken into consideration to determine whether or not you are considered to be 'separated'. Following this period, either partner is then eligible to apply to the Family Law Court for a divorce.

The two main considerations when ending a relationship are what happens to the children, and how assets are legally divided between the parties.

You must attend mediation before approaching a court in relation to any parenting matters. Mediation is also highly recommended as the first step in financial matters. Mediation is an effective process for determining the important issues and what factors you should be considering in your separation.

The way your relationship comes to an end depends on whether or not you are in a marriage or a de-facto relationship.

Parties to a marriage must be separated for 12 months prior to making an application for divorce. The separation can be under one roof if certain criteria are met. Once the divorce is finalised, parties have 12 months to apply to the Court for a financial separation, if the parties have not already entered into a financial agreement.

Whether or not you are in a defacto relationship depends on a number of criteria being met, including the length of the relationship (two years or longer), whether a sexual relationship existed, whether there are children to the relationship, the degree of financial dependency and mutual commitment, and whether there were any shared assets. It is possible to enter into a defacto relationship without realising it, potentially exposing assets you may have acquired prior to the relationship commencing. When a defacto relationship comes to an end, parties have two years to apply to the Court for a financial settlement, if a financial agreement has not previously been entered into.

There are a number of ways to enter into a parenting agreement with your former partner and there are a number of different considerations that should be taken into account when coming to an agreement. The paramount consideration for parenting arrangements is what is in the best interests of the child/children. You also need to consider the time each parent will spend with the child/children, arrangements for pick up and drop off, school and extracurricular activities, special arrangements for holidays and birthdays, amongst other things.

If you and your former partner can agree to the parenting arrangement, then you can document your agreement in a parenting plan. This is an agreement between the two of you, but it is not a Court order. If the agreement falls over, neither party has a right to recourse through the Family Court system. You may need a more formal agreement. In this case, you can apply for consent orders. Consent orders are binding on the parties, and a breach has consequences in the Family Court system. This agreement provides the parties with more certainty and control over the process.

If you and your former partner are unable to agree, you will need to go to Court and have a Judge decide for you. There are a number of pre-litigation steps that you must go through before you can file a parenting application in the Family Court system.

The way your parenting matter progresses will depend on the type of relationship you have with your former partner. For example, the degree of trust between the two of you, whether or not there are complicating factors such as family violence, drug, alcohol or mental health issues, and the needs of your particular child/children. Every family is different, and there is no one size fits all solution.

The best approach when making decisions in relation to you children is to remain child focused and consider what is in the best interests of your children. Other considerations include their age, health, education, any special needs, their relationship with the other parent and other important people in their lives. Children have the right to have a meaningful relationship with both of their parents.

There are a number of ways parties can enter into financial agreements. Agreements can be entered into at the start of a relationship, during the relationship, or once the relationship has ended.

A binding financial agreement is a written agreement between two parties detailing the arrangements for your financial assets such as properties, cash, shares, vehicles and superannuation, amongst other things. Binding financial agreements are used when parties can agree to the division of the assets in relatively uncomplicated ways. Parties to the agreement are required to get independent legal advice in order for the agreement to be binding. Where financial situations are complicated, consent orders are recommended.

A binding financial agreement can be made at anytime during a relationship, at the beginning (commonly referred to as a 'pre-nuptial agreement'), throughout the relationship or once the relationship has come to an end. Both parties must receive independent legal advice on the agreement in order for it to be legally binding.

Binding financial agreements entered into at the start of a relationship can be a way of protecting existing assets. However, these agreements can be set aside by a Court if there is a substantial change in circumstance that renders the agreement unfair or inequitable.

Again, there are many things to consider when deciding on how to split your assets. The overarching principle is a fair and equitable arrangement. Superannuation is considered separately to the pool of other assets. March On Legal can provide individual advice in relation to superannuation, in particular military super and the various schemes.

If parties cannot agree to the division of assets, the Court will decide for them. There are a number of practical steps that can be taken to assist the parties to negotiate an agreement without the need to go to Court.

This depends on a number of factors and there is no set formula or algorithm that can influence how assets should be divided. The overarching principal used by the courts is that the division must be fair and equitable.

What is the Difference Between a Parenting Plan and a Court Order?