Arbon Legal Group
Family law

Separation Lawyers Gold Coast

Contact us at Clarity Legal Group to discuss your family law needs. Our experienced family lawyers are here to help you through the process of separation and divorce, as well as other areas of family law such as parenting orders, prenuptial agreements, child support, and spousal maintenance. Our team of seasoned, empathic Gold Coast family lawyers are here to use their proficiency and knowledge with the utmost care in order to secure you the best outcome imaginable.

Experienced Family Lawyers Gold Coast

Separation is a challenging process that can come with significant emotional and financial costs. With the right guidance, however, you can ensure that your separation is managed effectively so that it is fair to both parties involved. Our team at Clarity Legal Group is dedicated to assisting clients through the separation process in a respectful and timely manner.

Help with

Separation or divorce

Separation is a challenging process that can come with significant emotional and financial costs. With the right guidance, however, you can ensure that your separation is managed effectively so that it is fair to both parties involved. Our team at Clarity Legal Group is dedicated to assisting clients through the separation process in a respectful and timely manner.

We have an expert family law team that can provide you with legal advice on all matters related to separation, such as filing for divorce, property settlements, spousal maintenance and parenting orders, etc. With a proven track record of successful litigation results, you can be confident that our team will exhaust all options to ensure the best possible outcome for your legal matter.

During these challenging times, our family law specialist team will offer assistance and counsel you throughout the entire process of separation. Gold Coast residents can count on the experienced and reliable family law team at Clarity Legal Group to provide them with the right legal strategies for their cases.

If you are facing any family law matters similar to the below issues, do not hesitate to contact us for further consultation:

  • Family Law

  • Dispute Resolution

  • Mediation

  • Consent Orders

  • De Facto Relationship

  • Courtroom Advocacy

  • Binding Financial Agreements

  • Parenting matters

  • Family Provision claims

  • Litigation

  • Arbitration

  • Domestic Violence Issues

  • Property Settlement

Proper representation from expert family lawyers can provide a peace of mind and make the transition process less stressful and smoother, allowing you to move forward with your life.

Separation Vs. Divorce: Which Is Right For You?

The decision of whether to divorce or separate is a difficult one. Both options can offer different benefits and outcomes, and it’s important to understand the implications of each before deciding on which option is the best for you.

1. Separation involves living separately from your partner while still being legally married.

This allows both parties more time to reflect on the marriage and decide whether they would like to reconcile or move forward with their divorce. It also offers couples the opportunity to sort out issues relating to property, finances, children, and other matters without ending the marriage.

It also serves as a period of reflection so they can decide if they want to iron out their differences and reconcile or move forward with divorce proceedings. Separation may not be the most comfortable situation that one finds themselves in, but it is one way of giving both parties the best chance of ultimately finding true happiness.

2. Domestic violence considerations are important.

Domestic violence is never acceptable and needs to be dealt with in the best interests of everyone involved. As such, it is important to consider the potential risks of domestic violence in any separation proceedings. Even if you decide to part ways, this doesn't necessarily mean that your safety or those of your children are guaranteed. The abuser may still have access to contact you or enter your home if the two of you have a joint mortgage or lease.

In these cases especially, it is essential to seek legal advice so that appropriate protective steps can be put into place for your safety and the safety of your children. Don't hesitate to reach out for help and always make sure the necessary considerations for family violence are taken into account.

3. Consider joint property and assets.

When a couple is deciding to go their separate ways, it's essential they take into account all property and assets that were accumulated during the marriage. Depending on the circumstances of the couple, they may decide to divide their assets equally, or one party may end up getting all of them. More likely however is that the assets and liabilities will be divided upon in such a way as works for that couple and (if you want the court to approve) ought to be fair taking into account all financial and non-financial contributions and future needs.

Whatever arrangement is agreed upon, however, must be done with mutual agreement and understanding — both parties should strive to reach an equitable resolution that suits their individual needs. Failing to reach some level of symbiosis could lead to unnecessary conflict and make the entire situation far more complicated than needed.

4. Your readiness to move forward.

Making the decision to move forward with a divorce can be one of the most difficult and stressful steps that a married couple has to take. It is often after an extended period of reflection and separation that couples come to the realization that their marriage cannot be salvaged and it is best for them to go separate ways.

If you find yourself in this situation, then it's important to talk with your family lawyer about what legal measures must be taken in order for the divorce proceedings to begin. Although it won't be easy, handling the process professionally with your family lawyer will make sure it goes as smoothly as possible, so you can start your new life on the right foot.

Your decision – Separation or Divorce?

No amount of research and reading can substitute for advice and representation from an experienced law firm, so it's important to consult with one before making a final decision on whether to separate or divorce. Legal remedies and solutions will vary depending on the couple's circumstances and marital status, so it's essential to seek legal advice that is tailored to your individual situation.

Separation Lawyers Gold Coast

Frequently asked questions

A divorce is a Court Order that legally ends 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.

  1. You must have been married for more than 2 years.

  2. You and your spouse must have lived separately and apart for at least 12 months (Note: it is possible to live together in the same home and still be separated).

  3. There must be no reasonable likelihood of resuming married life.

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 apply to a court for a property settlement.

Unfortunately there isn’t much you can do to stop a divorce these days. In Australian Family Law fault doesn’t come into it. The only ground of divorce is the irretrievable breakdown of the marriage which is evidenced by a separation of 12 months or more. Fault or no-fault, one party can apply for a divorce to end the marriage if they want to.

You can only dispute the divorce where:

  1. It has been less than 12 months since separation;

  2. The facts in the Application are wrong;

  3. The court lacks jurisdiction.

You do not need to attend the hearing if you are not the Applicant. 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.

If it is difficult for you to attend in person, you may ask the Court to appear by telephone.

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.


here is a filing fee for divorce applications which can be accessed here.

A reduced fee may be available for you as a concession card holder or couples who are experiencing financial hardship.

Read more here.

✘ 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.

A divorce order takes effect one month and one day after the divorce is granted.

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

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