Divorce and Separation

Separation can be defined as the bringing to an end of a marriage or relationship (de facto), with divorce being the legal dissolution of a marriage.

Whether you are separating from your de facto partner or your married spouse there are many decisions to make, from the division of finances and property to arrangements for looking after children.  This can be a particularly stressful time and as such, it is crucial that you have the right support, whether you are divorcing through the court, divorcing without going to court or using mediation services through your separation.

There is no need to register a separation in Australian Family Law, however, it must be proven in some cases if disputed by the other party at a later date.  Sometimes divorces and cases for property settlement in de facto relationships can turn based on proving the separation date.

In the case of divorce, it is important to consult with a solicitor as there are crucial time limits that you need to be aware of. An assessment should be carried out of what this means for you if a divorce order is made and no steps are taken for a property settlement or to obtain spousal maintenance.

Daykin Family Law are able to help you finalise this aspect of your divorce and separation once the relationship between you and your spouse has irretrievably broken down and there is no likelihood of you resuming your relationship.  You have grounds for divorce if you have been separated for at least twelve months and can satisfy the court that this is the case.

Daykin Family Law also offer a range of services to support the process of divorce and separation, for example, child support, child custody, property settlements and family mediation services.

For more information or to make an appointment for a consultation with Daykin Family Law by phone or at our Brisbane office, contact us today on 07 3338 5645 or by email – info@daykinfamilylaw.com.au.