Family Lawyers Brisbane

We understand separating can be a traumatic and emotional time. We also understand the legal process can be overwhelming during these difficult times. Our family lawyers in Brisbane are here to assist you in understanding the separation process, provide advice, and help you to reach a resolution.

If you are thinking of separating or have separated, we can assist you in divorce, property, and parenting matters. 

Our goal is to provide practical, straightforward, and realistic legal advice so that you can make fully informed choices to get your best outcome. Our focus is on providing solutions that minimise emotional and financial hardship for you and your family.

We can assist with alternate approaches to litigation which may include mediation, skilful negotiation, or an out of court agreement such as a Financial Agreement or Consent Order.

For cases that are unable to be resolved out of court, our family lawyers will defend and protect your best interests in court. We have represented many clients in the Family Courts.  

Where appropriate, our team work in conjunction with respected experts in family law matters, including barristers, accountants, property valuers, counsellors, and mediators.

• Child Support
• Custody dispute resolution
• Divorce
• Domestic violence orders
• Family Business
• Family court appeals
• Family provision legislation and wills
• Financial agreements before marriage or a de facto relationship (pre-nuptial agreements)
• International disputes, including child abduction
• Intervention orders
• Maintenance and child support issues
• Mediation
• Parenting arrangements for separated couples
• Property and financial settlements
• Separation agreements and Separation planning
• Spousal maintenance
• Surrogacy agreements
• Third-party disputes

If you have recently separated, you may need help with the following:

• Child support.
• Income support (spousal maintenance).
• Maintaining access to your children.
• Maintaining repayments in relation to joint expenses (mortgage, school fees etc).
• Who is going to remain in the family home.

Our family lawyers will provide practical advice and legal expertise, including negotiation, preliminary agreements, mediation, consent orders, arbitration and Family Court proceedings.

If you have recently separated, it is important that you speak to us about:

• Making a new will and superannuation binding death benefit nomination.
• Revoking powers of attorney and appointments of enduring guardian.
• Severing joint tenancies in relation to co-owned property and investments.

When parties have separated and either/both parties owns assets, liabilities, or financial resources, the parties will need to reach an agreement on how those assets, liabilities or financial resources should be divided between the parties.

Married couples have 12 months from the date of the divorce to apply to the family courts for a property settlement.  De facto couples have 24 months from the date of separation to apply to the family courts for a property settlement.

It is important to remember that each individual case is different and will be treated according to the facts of the case.  Often parties hear from a friend or relative, ‘property settlement is 50/50” or “he took everything and I got nothing”, it is important to speak with a property settlement lawyer about your entitlement according to the facts of your case.

When deciding how to divide the assets, following the breakdown of a relationship, the Court will use the ‘four-step’ approach as follows:

1. First, identify and value the assets and liabilities of the parties.  This may be a simple or complex task depending on the circumstances. 
2. Second, assess the financial and non-financial contributions of the parties before, during and after the relationship.  The assessment of contributions can be difficult in cases involving significant initial contributions, inheritances, compensation payments or gifts. 
3. Third, assess the parties’ Section 75(2) factors, sometimes referred to as “future needs”.  The Court can make an adjustment in favour of one party if the circumstances permit.  However, the assessment of these factors or needs is discretionary and the adjustments generally vary from case to case.
4. Fourth, assess what orders, if any, are just and equitable in the circumstances of the case.

Our property settlement lawyers in Brisbane can help you to understand your entitlements with respect to your property settlement and can help with:

• Advice on property settlement.
• Spousal Maintenance.
• Disclosure.
• Injunction on restraining a party from selling or dealing with property.
• Mediation and Arbitration.
• Consent Orders.
• Binding Financial Agreement.
• Binding Child Support Agreement.

If you have separated or are about to separate, making decisions about the children can be the hardest part.  It is important for parents to ensure the decisions they make about parenting arrangements are in the best interests of the children.

Obtaining legal advice from our family lawyers can help you understand how to choose where the children live, the time they spend with each parent as well as overseas travel, schooling, medical decisions and ensuring they remain safe from harm.  

There are several options available to parents when deciding on how to resolve the disputes regarding children. 

Speak with our family lawyer about the best option for you. 

Parenting Arrangements and Custody

Parents will need to decide parenting arrangements after separation that are in the best interests of children.  The term custody has now been changed to Parental Responsibility and Time. 

Parental Responsibility includes all duties, powers and responsibility and authority that parents have in relation to their children.  This means making decisions on major long-term decisions such as:

• Medical matters.
• Religious matters.
• Cultural matters.
• Education.

This does not include day-to-day decisions such as what the child eats, wears or what time they go to bed.

Our family lawyers can assist you with:

• Parenting advice.
• Relocation matters.
• Hague Convention matters.
• Consent orders.
• Grandparents rights.
• Contravention orders.
• Travel – interstate and international.
• Adoption and parentage.
• Child support.

Our child custody lawyers in Brisbane can provide advice and assistance with the following:

• Where your children will reside,
• What contact you and your ex will have,
• Child Support payments,
• Reviewing Parenting Arrangements, and
• Relocation and travel issues and more.

We help parties who would like to file for divorce and can in some instances provide a fixed fee cost.

To ensure that you are eligible for a divorce, you need to be separated for 12 months. 

If you and your former spouse have been living under the same roof but have been separated for 12 months you can still apply for a divorce.   We will assist you in preparing the additional documentation that is needed for the Court to consider your application.

If you have been married less than two years, you may need to consider marriage counselling before you can apply for a divorce. 

It is important to note if you are separating that you have 12 months from the date of support to finalise your property settlement.  If you are in a de-facto relationship, you will need to finalise your property settlement within 24 months of the date of separation.

Speak with our divorce lawyers about your options.

If you or a loved one is experiencing or have experienced domestic violence, you can apply for a Domestic Violence Protection Order. 

Domestic Violence can include the following:

1. Physical or sexual abuse
2. Emotional or psychological abuse
3. Economic abuse
4. Threatening, coercive, controlling or dominating behaviour.

If you fear for your personal safety and wellbeing, we can assist you in applying for a Domestic Violence Protection Order. 

The Order can include:

1. The person committing the domestic violence not being able to approach their victim within 100 metres, including places the victim frequents including the home and workplace.
2. Not to contact the victim; and/or
3. Not to mention the victim on social media.
4. The person committing the domestic violence to be of good behaviour.

You can also include other people in the Order, if there is evidence to show they also need to be protected, including children, partners, and family members.

Once a Domestic Violence Order has been granted, the person committing the Domestic violence will be required to comply with the conditions, if they do not, they can be charged with an offence which carries a penalty of imprisonment and fines.

If you are in immediate danger, please contact 000 for police and ambulance to ask for help.

Our family and divorce lawyers have decades of family law experience in Queensland and New South Wales.

We provide practical, straightforward and realistic legal advice so that you can make fully informed choices to get your best outcome. Our focus is on providing solutions that minimise emotional and financial hardship for you and your children.

The outcome of your case can affect other members of your extended family, including grandparents and relatives. Where appropriate we look to incorporate fair outcomes that protect their interests as well.

We encourage communication rather than confrontation and always consider the needs of the whole family.

For advice relating to separation or divorce, contact our family law team today.

From our offices in Brisbane, Sydney and Goondiwindi, we work with families throughout South East Queensland, rural Queensland and New South Wales on all family law matters.

Our family lawyers understand the impact that family disputes can have on your life. 

We also appreciate that the legal process can be overwhelming during these difficult times. 

Rest assured, whether you are separated, divorced, or thinking about separating, our family lawyers will provide the help and support you need.

We have expertise in negotiation, mediation, litigation and advocacy. We always explore alternatives to litigation before escalating a matter to the Family Courts. 

Viable alternate approaches may include mediation, skilful negotiation, or an out of court agreement such as a Binding Financial Agreement or Consent Order.

For cases that are unable to be resolved out of court, our family lawyers will defend and protect your best interests in court. We have represented many clients in the Queensland and New South Wales Family Courts.  

Where appropriate, our teamwork in conjunction with respected experts in family law matters, including barristers, accountants, property valuers, counsellors and mediators.

Our family lawyers specialise in divorce, separation, child custody and support. 

Servicing the following areas in Queensland:

• St George
• Inverell
• Warwick
• Toowoomba
• Millmerran
• Warialda
• Moree
• Roma
• Inglewood