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 The experience of going through a divorce can feel stressful and overwhelming for many couples. For these reasons, the divorce process in QLD 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 successfully. BEFORE YOU FILE A DIVORCE APPLICATION, CONSIDER...
The Psychological Impact of Separation on Children: Offering guidance on how parents can support their children during and after a separation 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 experiences of unsecure attachment, resentment, loneliness, confusion, loss...
Understanding Defacto Relationships 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 finding is determinative. Each case falls to...
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...
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...
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...
Family Report and Expert Evidence in Proceedings Expert evidence including a family report provides the Court with material from an independent viewpoint, which both assesses and highlights particular issues with each unique case. The most common form of expert evidence in family law proceedings is family reports, which are undertaken by psychologists to determine the children’s views, the party’s capacity regarding parental issues, and any emotional or psychological effects of previous family violence or abuse. The Family Report The family...
Best Time For Divorce The promotion of the best time for divorce is intended to bring attention to the importance of minimising conflict between couples following the unfortunate breakdown of the relationship. Common in these situations, both parties will be subject to a wide range of difficult emotions; inevitably though, both parties will suffer. During these times of significant transition, children often find it difficult to cope with the vast number of events happening. Children may typically display and...
Better Health During Divorce Process Going through separation and the divorce process can be stressful on so many levels. That’s why it’s imperative you really make an effort to look after your health throughout the entires. How to survive the divorce process? Getting sick or rundown is not going to help when you are facing the divorce process, so here are a few tips to stay mindful of as you strive to close this major chapter of your life. Take...
No one enters a marriage thinking it’s going to end in divorce one day, but unfortunately, marriages do break down and people go their separate ways. In fact, statistics show that around 30% of all Australian marriages culminate in divorce. Without going into a committed relationship with a negative mindset or doom and gloom attitude, it’s wise to be prepared in case the romance doesn’t pan out. Those who are entering into a marriage or long-term relationship and already have...
Do it for the kids. Separation and divorce are tough on everybody involved, and it can be even harder on children. While adults are often struggling to understand what went wrong, the kids often have no idea why their beloved parents are separating and no longer want to live together. Here we’ll look at a few tips to try and help your children through the process. Try and Maintain a Civil Relationship Some relationships end on mutual terms, and some...
Family law Misconceptions Family law covers a whole spectrum of situations and legalities, and everyone’s circumstance is a little different. While there are definite laws in place, there are variations on these laws depending on the particular situation they are being applied to. Because the area of family law is so vast, many people harbor some common misconceptions about how family law works, and in many cases believe certain outcomes are rigid when they’re not. Let’s take a look at...
