Helping Couples & Families Navigate Family Law in QueenslandWe understand few events in life can be more traumatic than relationship and family breakdown. The emotional turbulence that inevitably follows a relationship breakdown can be more difficult if you have not received carefully considered legal advice. Our family lawyers have the experience to guide you through the family law process and will outline the options available to you so that you can make an informed decision about how you wish to proceed.
We will utilise our wealth of experience and expertise to obtain the best solution for you, which may include one or a combination of private mediation, relationship counselling, round table conferences or as a last resort, commencing Court proceedings.
Our family law team comprises of lawyers who have commercial litigation experience and qualifications in behavioural science. This unique skill set enables our team to provide you with a deeper insight into the commercial aspects of a property settlement as well as an understanding of the emotional and psychological issues which may impact on a family law matter.
- Applying for a Divorce
- Applying for Spousal Maintenance
- Disputing Child Custody Arrangements
- Initiating or responding to Court Application for parenting orders and property orders
- Negotiating and finalising a private Child Support Agreement
- Parenting Orders
- Urgent Court Applications for parenting or property orders
How Family Law works in AustraliaParenting and Property matters between married and de facto persons is governed by the Family Law Act 1975 (Cth). This means that family law is applied in the same way in every State and Territory. There are some exceptions in relation to de facto relationships.
Unless you meet the requirements to make an Urgent Application for parenting matters or there is a history of abuse and/or family violence, parents are required to participate in Family Dispute Resolution prior to commencing Court proceedings. Family Dispute Resolution is a mediation between the parents that is facilitated by an independent third party. You can participate in Family Dispute Resolution through a Family Relationships Centre or a private Family Dispute Resolution Practitioner. We work with a number of private practitioners who can assist you with Family Dispute Resolution. Contact our office if you would like further information.
Married and de facto persons are treated the same way in property settlements. Both parties are required to provide full disclosure of their assets, liabilities and financial resources and an assessment is carried out having regard to the Family Law Act 1975 (Cth) to determine what division of the property pool is appropriate in the circumstances. The Court encourages parties to participate in mediation to resolve the property matters between them.
Parties who are able to reach an agreement can formalise that agreement by way of Consent Orders which are lodged with the Court. This is same process for parenting and property matters. If parties are unable to reach agreement, then the Court may be required to make a determination after holding a hearing where all relevant evidence is presented to the Court and the parties and all relevant witnesses are examined. A determination by the Court can take 2 to 3 years depending on the nature of the matter and issues that the Court is required to consider.
Frequently Asked Questions about Family Law:Below are a list of frequently asked questions (FAQs) about Family Law.
- Am I entitled to half of the property settlement in a divorce?
- What is Spousal Maintenance and can I get it?
- Am I entitled to equal time with my child?
- What is equal shared parental responsibility?
- Is property settlement different if I am in a de facto relationship?
- How much child support should I pay or receive?
- Who can apply for parenting orders?
- What parental rights do same-sex parents have in Australia?
- Can the non biological parent apply for Parenting Orders?
- What happens with Superannuation in Family Law Property Settlements?
Family Law Resources / Links:
Talk to one of our Family Law experts:
- Robert Lamb, Partner, Brisbane. Phone: (07) 3228 6105
- Amy Sanders-Robbins, Senior Associate, Brisbane. Phone: (07) 3228 6132
- Rina Biswas, Lawyer, Brisbane. Phone: (07) 3228 6125
- Amelia Feachnie, Lawyer, Brisbane. Phone: (07) 3228 6131