The Road to Resolution: The Timeframe of Separation Before Divorce
In a world where marriage continues to evolve and redefine itself, it’s important to understand the legal nuances that accompany the dissolution of a marriage.
Contact us at Clarity Legal Group to discuss your particular situation with one of our experienced Family Lawyers.
If you want to reach an agreement about the care for the children following separation, we can help.
Making the right arrangements for care of children after a separation can be difficult.
It isn’t that unusual for one parent to try to restrict the children’s time with their ex-partner. Sometimes for good reasons, other times not.
It is vital to keep the children’s best interests as the most important factor in trying to work out their care arrangements. You may not like your ex any more, but they will always be the other parent.
Children are the most important people in family law matters. When parents of a child (or adopted child) under 18 separate the children will generally have a right to spend substantial and significant time with both parents.
Some general points to note:
We can help you achieve a suitable time-on time-off arrangement, including important dates such as school holidays, birthdays, Mother’s and Father’s Days.
Alternatively, if you hold genuine concerns regarding the care of your children, we can provide professional advice as to restricting or monitoring your children’s time with the other parent.
The best interests of children are as variable as the children themselves. It is important that the arrangements made are tailored to the children and the parents’ circumstances There is a myriad of creative shared care arrangements to suit any family and their circumstances.
At Clarity Legal Group our team are highly experienced in court and non-court parenting arrangements in Family Law. We can guide you through the process and help you to achieve the best outcome for your children.
Contact us today on 07 5562 0444 or send an email to admin@claritylegalgroup.com.au or you can get started online by clicking here.
A divorce is a Court Order that severs your marriage.
You do not need to prove that a person was at fault, but there are several factors that must be adhered to in order to be eligible for a divorce.
It is important to note that a divorce will not determine issues of financial support, property distribution or arrangements for children. It simply recognises that the marriage has ended.
Once a divorce has been obtained, you have 12 months to finalise a property settlement.
Unfortunately there isn’t much you can do to stop a divorce these days. Fault or no-fault, one party can apply to sever the marriage if they want to.
You can only dispute the divorce where:
You do not need to attend the hearing. If you disagree or object to the facts of the divorce documents, you may file a response to the Court within 28 days of being served with the divorce documents. However, the Court may still decide to grant a Divorce Order despite your objections unless there is a mistake in law.
✘ NO – If there are no children under the age of 18.
✘ NO – if there are children under the age of 18 and you have made a joint application.
✓ YES – if there is a child under the age of 18 and you lodged a sole application, you need to attend.
If it is difficult for you to attend in person, you may ask the Court to appear by telephone.
A divorce order takes effect one month and one day after the divorce is granted.
It is possible for you and your spouse to be separated but to continue living in the same home during the 12 months before applying for divorce. This is known as ‘separation under the one roof’. If this applies to your situation, you need to prove to the Court that you were separated during this time.
You need to have been married for at least 2 years and separated for 12 months before you can apply for a divorce. The time starts from the date of your marriage to the date you file your application. If you have been married less than 2 years, you can still apply for a divorce if you have a counsellor’s certificate to verify that the relationship is irreconcilable.
Clarity Legal Group are always providing comprehensive legal help to the people of the Gold Coast community. If you require further information or legal assistance in relation to your separation or divorce please contact Clarity Legal Group on 07 5562 0444 or email admin@claritylegalgroup.com.au
In a world where marriage continues to evolve and redefine itself, it’s important to understand the legal nuances that accompany the dissolution of a marriage.
As family lawyers, we often get questions about spousal maintenance. Clients who have heard about it from family or friends sometimes have misconceptions about what
From both an emotional and a practical standpoint, getting divorced is seldom easy. It can be especially challenging if you and your spouse are from
A Broker – Gold Coast
I am very fortunate to have access to the Clarity Group through Nicole with her expert knowledge and experience. Great work Clarity Group.
C. Dalton – Gold Coast
A huge thank you to Nicole for the favourable outcome in my Family Court Proceeding. After quite a few hiccups at a different firm, Nicole took over the case and her level of expertise was 2nd to none. I don’t think I would have gotten the same outcome if it hadn’t have been for Nicole. I would highly recommend Nicole for all your family law needs.
S. Sherin – Gold Coast
Thank you for all your planning, assistance, expertise and support to my family; I will feel grateful every single day for the rest of my life because of our outcome. Thank you Nicole.
A Grateful Parent
Thank you for guiding us to this outcome, I have admired your personalised professionalism throughout this whole process.
Thank you so much, I cannot tell you how relieved I am. I would like to thank you and everyone that has been involved from Clarity Legal, it’s been a long stressful road and I could not have gotten through this without you all.
Contact us today to discuss your situation with one of our experienced Lawyers.
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