Category: Separation

Going through a separation is never easy - but navigating it doesn’t have to be confusing. If you and your former partner have reached an agreement on parenting or financial matters, there’s a stress-free, cost-effective way to make that agreement legally binding. Enter: Consent Orders in QLD.  At James Noble Law, we specialise in helping Queensland families move forward with confidence and clarity. With over 50 years of experience in Family Law, our team is here to simplify the process,...

Separation is never easy, and when your partner seeks a separation, it can feel like the ground has been pulled out from under you. Whether it’s how to tell your children, divide property, or update your Will, the emotional and legal aspects of a separation can be overwhelming. Thankfully, there are steps you can take to ensure that you handle the situation with clarity, confidence, and with the support you need. James Noble Law is here to guide you through...

When a relationship breaks down, dividing property and finances can be one of the most complex and emotionally charged aspects of separation. Questions our Family Law Firm are often asked include: “What happens to my assets that were mine before the relationship?”, “What happens if I have made greater contributions to the asset pool prior to separation?” , and “Is my ex-partner entitled to my assets even if we had a short relationship?”. This is where the concept of separate...

THE PROCESS OF DIVORCE IN QLD: STEP-BY-STEP GUIDANCE TO HELP DEMYSTIFY THE PROCESS [caption id="attachment_13405" align="alignright" width="300"]  Divorce Process in QLD[/caption] The experience of going through a divorce can feel stressful and overwhelming for many couples. For these reasons, the divorce process in Queensland is designed to be as straightforward as possible. To illustrate that the process is not as daunting as it may seem, we have created a step-by-step guide to help you and your spouse navigate the process...

The Psychological Impact of Separation on Children: Offering guidance on how parents can support their children during and after a separation [caption id="attachment_17065" align="alignright" width="300"] Supporting Children Through Separation[/caption] Separation can be devastating for all individuals involved, particularly when there are children in the picture. Extensive social science research demonstrates that the effects of separation upon children can manifest in multiple ways throughout their development. A major life change, such as divorce or a de facto relationship breakdown, can foster...

Understanding Defacto Relationships [caption id="attachment_16310" align="alignright" width="350"] Understanding defacto relationships[/caption] Section 4AA(1) of the Family Law Act sets out the principles that apply to defacto relationships. This Section mandates that regard must be had to all the relationship circumstances in determining whether it is one of a couple living together on a genuine domestic basis. Section 4AA(2) sets out some of the circumstances to be considered, including “whether a sexual relationship exists”, and Section 4AA(3) provides in effect that no particular...

How Long Does It Take To Get A Divorce? Before granting a divorce, the Federal Circuit and Family Court of Australia must be satisfied that there is no chance of reconciliation and there is no reasonable chance that the parties will get back together. For this reason, parties must be separated for a period of at least 12 months before applying to get a divorce.  Once this period has passed, you may complete an Application for Divorce either solely or...

We are heading into uncertain times The impact of the war in Ukraine and the affect on our economy The high cost of living Rising interest rates Inflation How is this affecting me? Am I able to financially care for my family?  How is this affecting my partner and my family's relationship? Is the stress too much to bear? Hopefully, there is a solution But what if it becomes too much and causes a breakdown in your relationship with your...

Can you use secret audio recordings in family law? As technology continues to evolve, it is becoming more common for clients to ask whether they can use secret audio recordings in their family law matters. Before you consider recording your conversation with the other party, there are several important factors that you need to consider, including: Whether the recording is legal to make in Queensland; Whether a Court will allow the recording to be used as evidence; and  Whether you...

A common question asked in Family Law is who is legally entitled to the matrimonial home during separation?  It is not as simple as one party kicking the other party out of the home. What be done if the property is in your name or What if the property is owned by both parties? Property which is part of a Family law dispute has different rules to commercial and property law. Family Law the possession and ownership do not have...

Are you separated under one roof? If you and your partner are contemplating a divorce, you have also most likely considered living separately during the process.  Although it is a requirement for you and your partner to be separated for a minimum of 12 months prior to filing an Application for Divorce, there is no requirement for the parties to reside separately after the difficult decision to separate has been made.  What is separated under one roof? It is extremely...

Divorce property settlement examples Australia: Following the recent separation of billionaires Bill and Melinda Gates after 27 years of marriage, it has been reported that the couple chose to separate amicably and to privately negotiate their property settlement outside of the Court and public eye.  Upon the breakdown of a marriage or de facto relationship, parties can either negotiate and formalise a property settlement agreement privately (either by way of Consent Orders or a Binding Financial Agreement) or they can...

Are you considering applying for a Divorce in Australia? If you and your Husband or Wife have been separated for more than 12 months, then you can apply for a divorce in Australia to end the marriage.  If for any period of the 12 months of separation you and your former partner were living together separated under the one roof, then you will need to file an affidavit explaining the circumstances to the Court and confirming that you and your...

No-Fault Divorce in Australia For decades, if you wanted a divorce in Australia, you had to prove your spouse was to blame. No-fault divorce was not legal by local law. The grounds ranged from habitual drunkenness to adultery, and many cases involved the use of private investigators. Some couples who privately agreed to separate would even have to stage adulterous trysts for later evidential use in court. This all changed in 1975 with the introduction of "no-fault divorce" and the Family...

How to avoid court? Alternative dispute resolution. Maintain a working relationship with your former partner after separation, especially if there are children For the sake of your family, especially your children, after a separation, it is important, if at all possible to do so, to maintain a working relationship with your former partner alternative dispute resolution. If only for a short period of time to help negotiate a resolution of financial and children’s issues. Seek a resolution of such issues...

Marriage Separation Process in Australia (Marriage, Families and Separation Brochure, Certificate) Marriage Separation Process in Australia or in your family. What does it mean for you? Have you clearly thought it through? This could be one of the most traumatic experiences a family will face. Family Separation can be devastating for everyone involved. How well you handle a separation will impact on how well you and your family cope now and in the future. Are the traumas and conflicts that...

They are property issues and superannuation. Superannuation Legislation for many years was not property under the Family Law legislation and the Court had no power to deal with it although the Court, to overcome this difficulty, made an adjustment to a party’s interests and in some cases extreme adjustments to compensate a party for the loss in the other party’s superannuation. The classic examples for high adjustments related to people in professions or employment where there were large superannuation interests...

As with many professional services sectors, law professionals generally really only sell their time. And, as we all know very well, time is money. So if you are searching for legal advice the family lawyer cost can be higher depending on the expertise level of your attorney. In the interest of saving everyone time (and money), we've compiled a shortlist of items to consider if budget is a factor (and let's face it that it probably is!). Keep these in...

Preparing an Airtight Binding Financial Agreements Binding Financial Agreements (BFA), also referred to as “pre-nups” are created when two parties have made a fully informed decision to enter into a binding agreement. The creation of an Airtight Binding Financial Agreements requires the parties to disclose their financial position, provide reasonable time to consider the agreement and obtain independent legal representation to avoid any undue influence or pressure on the other party. This document effectively allocates assets and other financial resources...

What is a Parenting Plan? A parenting plan is a plan which puts the best interests of the child first. It is your and your partner's commitment to your children and their future. A parenting plan is a written agreement between parents under practical issues of parental responsibility. What Happens if a Party breaks Parenting plan or arrangement and Does Not Return the Child? If you are concerned that your child may not be returned to your care after spending...