Family Law

We provide advice and representation in all areas of family law, including: separation and divorce; property settlements; parenting arrangements; child support; and cohabitation agreements. Most family law matters can be resolved by agreement however when this is not possible, we provide strong and capable representation at Court.

Separation

If you have separated or are thinking about separating, our family lawyers can provide you with advice about your rights and entitlements in family law. We understand that family separation is an emotional and stressful time for everyone involved. You will need to understand the way family law works and what this means for your circumstances. We will give you practical and realistic advice in a way that gives you confidence in knowing what to expect and how to work towards the best outcome.

Divorce

If you have been separated for more than 12 months then you may wish to file a Divorce Application. We can help you with the preparation of the Divorce Application, serving it on your spouse and appearing at the hearing if required.

Children and Parenting

If you have separated or are thinking of separating, we can help you reach an agreement with your partner about parenting issues and refer you to counselling services to assist with this process.

Every family situation is different and there is no single solution that works for all. Often a child lives primarily with one parent and spends regular time with the other. Sometimes an equal parenting arrangement is appropriate. Different arrangements work for different families. If you and your partner have reached an agreement on parenting arrangements, we can help formalise this agreement into a parenting plan or Consent Orders without the need for you to go to Court.

Grandparents or other adults who are a significant part of a child’s life may want to make sure that they can continue to spend time with a child in the event of a family separation. We can advise family members in a range of situations.

If you and your partner are unable to reach an agreement on parenting arrangements we can advise on Family Court proceedings.

Property and Financial Settlements

Family life and finances can often be complex. If you have separated or are thinking of separating then we can advise you on a wide range of property matters including:

  • Your home – whether the home can be retained by one party or will need to be sold;
  • Investment property and shares – whether these can be retained by one party, sold and associated taxation consequences that you may need to consider;
  • Business structures – if a family or other business is involved you will need advice on ways of ensuring the ongoing viability of the business asset;
  • Trust, company or partnerships – if you are retaining the structure we will need to ensure that your partner is removed from the entity so that they have no further involvement; and
  • Superannuation – superannuation forms part of your joint assets and may be split between you and your partner.

There are many factors that must be considered when dealing with the assets, liabilities and financial resources of your relationship including:

  • The value of those assets, liabilities and financial resources (including superannuation);
  • Financial Contributions before, during and after the relationship;
  • Non-financial and homemaker contributions; and
  • Future needs of both parties including ongoing care of children, earning capacity and health factors

If you have separated or are thinking about separating we can offer you advice on these issues and help you reach a negotiated settlement without the need to go to Court. Once the agreement is finalised we can assist in preparing the required documents to finalise the property settlement. We will assist you in implementing the terms of the agreement in terms of property transfers, changes to business structures and superannuation splitting.

If you are unable to reach an agreement or there is some urgency, we can assist you in preparation of the required material to make an Application to the Court.

Spousal Maintenance

Spousal maintenance is ongoing periodic payment of a lump sum payment from one spouse to another spouse for continued living expenses. It is separate from child support. We can advise you on your entitlements to spousal maintenance and assist you in making an Application to the Court if required.

Financial Agreements

A financial agreement is a contract under the Family Law Act which provides how assets, liabilities and financial resources (including spousal maintenance) are to be divided between parties in the event of a separation. These agreements can be prepared before you and your partner enter into a relationship or get married; during the course of your relationship, or after your separation or divorce. We can advise you on the advantages and disadvantages of these agreements and assist in the preparation and implementation of the financial agreement.

Domestic Violence Orders

If you are a victim of domestic violence, we can advise you and assist in making an Application for a Domestic Violence Protection Order and represent you throughout the court process. If you have immediate concerns for your safety you should contact the Police.

If you have been served with a Domestic Violence Protection Order we can advise you on your options and assist you in your response.

Initial Consultations

When you come and see a family lawyer it doesn’t necessarily mean that you will end up in Court. We assist the majority of our clients in reaching negotiated agreements without the need to go to Court. We can advise you on the best approach for your situation. If you do need to go to Court, we have the knowledge and experience to act assertively on your behalf.

The first appointment is the most comprehensive appointment in the whole process. During this meeting we will find out what your needs are and provide you with preliminary advice about your legal rights and options for resolving your matter. Even if you don’t wish to take further action, you will leave your first appointment with a clear understanding of the family law process.

If you have been served with Court documents or have a letter from your partner’s solicitor, it is best if you are able to provide these documents to us prior to your first appointment so we can review them and consider your options.

If your first appointment involves property or financial matters, it would be helpful if you can provide us with a list of your assets and liabilities and your most recent superannuation statements.

Our Fees and Charges

We offer a variety of options in relation to fees including fixed-fee options, deferred-fee options (conditions apply) and sometimes we charge according to the amount of time we spend on your matter.

For your first appointment  we charge a fixed fee of $150 (including GST) for the first half hour and $220 for an hour. At the first appointment, we will be able to give you an estimate as to how much resolving your matter is likely to cost.

Legal Aid Queensland

We are a Legal Aid Queensland preferred supplier and can assist you in making an Application to Legal Aid should you meet their guidelines. Please contact us for advice on this procedure.