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Family Lawyers in Toowoomba Help Separated Couples Reach Agreements

Family Lawyers in Toowoomba Help Separated Couples Reach Agreements

Let’s face it: marriage has its ups and downs. Separation and divorce can be painful processes that disrupt family life and make it difficult for everyone involved, especially children. While separation and divorce often bring about the end of your physical relationship with your partner, it does not end your involvement or responsibility as a parent. Families going through a separation will have to come to an agreement on several different topics, including property division, child custody and parenting plans. If you are considering a separation or a divorce, it is important to seek legal advice. Our family lawyers in Toowoomba can help people understand their rights and how the law applies to their specific case.


Stages of Separation

Separation can be difficult on everyone involved, especially if you and your partner are moving through the stages of separation at a different pace. One of you may be ready to accept the separation, while the other is still in shock over the news.


When a family goes through a separation, most people experience different stages of grief. Initially, they experience shock or denial that the separation is actually taking place. Then, both parties may feel angry and blame their partner or another person for the way they are feeling. Afterwards, sadness and depression can set in before both parties learn to move forward and adjust to their new lives.


During this time, most people admit to feeling the worst that they have ever felt in their lives. The separation can begin to take a toll on your emotional health, affecting your ability to work or your kids’ ability to focus in school. No matter what happens after the separation, one thing is for certain: change is on the horizon.


You and your partner will have to make important decisions about the future care of your children and how to divide your assets. Coming to an agreement during a separation can be difficult and emotionally challenging, which is why it is best to talk to a lawyer and seek legal advice about your specific situation.


Reaching an Agreement

Reaching an agreement with your partner can be beneficial for both parties. It allows you and your former partner to make your own decisions while also greatly reducing the financial and emotional stress of legal proceedings.


When former partners voluntarily come to agreement without the need to go to court, they are more likely to work together to continue their relationship as parents. This can also improve communication with your former partner and make it easier for everyone to move forward with a new life.


If you cannot come to an agreement, you may have to consider applying to court for orders. Going to court can be taxing on all parties. It can also be very expensive and time consuming; however, there are instances where going to court will be the only way to resolve a dispute.


Separation and divorce are a time when both parties need help and information. While talking to friends and family can help you sort through your feelings and remain grounded, seeking legal advice can help relieve some of the stress and anxiety surrounding your separation. Talking to a family lawyer can help people in Toowoomba receive the guidance, assistance and peace of mind necessary to confidently move forward with a new life.

Understanding Application Requirements

If a couple living in Queensland has decided they want to end the relationship, there are a few things they will need to do before securing a legal divorce or separation. For married couples, you will have to apply for a divorce from the Australian court in either a joint application or a sole application. You will also have to prove you have lived separately for at least twelve months, (plus one day,) to satisfy the application. You must be citizens of Australia and if there are children between you and your ex, you must satisfy the court on custody arrangements. These arrangements must be in the best interest of the child. Unless there is a reason that is proved to the court why access to both parents is not in the child’s best interest, the court will want to see equal access to both parents.

For those in a de fact or same-sex relationship, the process is a little different. Filing for legal separation and to settle property between spouses can be made within two years of legal separation. If separation application is made outside of the two-year window, an application must obtain permission from the court to file. 

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