Marriage Breakdown? Family Law issues? You need an experienced, fearless but compassionate solicitor on your side.
Family Law Toowoomba
We can give you a free initial 20 minute consultation to assess your case and give you some initial advice and options.
The breakdown of a marriage or de facto relationship can be one of the most traumatic and upsetting times in a person's life. A poor result can change your life forever. Can you afford not to have an experienced, fearless but compassionate family law solicitor on your side?
We are experienced in relationship breakdowns involving large business, farming property, international relocation and same sex couples. We will try to resolve matters by negotiation if at all possible, even by way of mediation, to try and resolve matters without court proceedings. However, if court is necessary, you can be confident that all of our solicitors have experience in arguing matters before the family law courts so will give your case the best chance of success.
First consultation free
Flexible Payment Arrangements
Courts across Australia
Who Will The Children Live With & Time With Each Parent
Variously referred to as ‘child custody & access’ and ‘residence and contact’ over the years, these terms are no longer used in modern Australian family law. Instead, if two parents cannot agree, the family law Courts decide who the children will live with primarily (if not equal time with each parent is found not to be appropriate) and what time the children will spend with each parent (or significant other).
The Family Law Act requires that the primary consideration for children is arrangements which are in their best interests. This includes ensuring that they have a meaningful relationship with each parent as long as they are safe from harm. Many other additional considerations are taken into account including who is able to best care for the children, living conditions, drug and alcohol use, violence and abuse issues, cultural factors and in older children, their wishes. It is important that you engage family lawyers who can advocate on your behalf to ensure that the court is made fully aware of all relevant facts and precedent cases.
Property Division
You may be entitled to a share in property after the breakdown of a relationship, even if the property was not in your name. This can include your ex-partner’s superannuation. A number of factors are used by the Court in declaring an interest in and dividing property including both financial and non-financial contributions (which can include caring for children or homemaking) as well as future needs of each party including whether they have to care for children of the relationship, child support matters, health of the parties, future income earning potential and many other matters.
There is a large amount of discretion in determining entitlement to property and the percentage that you are entitled to upon separation so it is important that you have a lawyer who is experienced in the area and a competent advocate to ensure that you get what you are entitled to in the division.
Flexible Costs Arrangements
We can provide fixed fee quotes in some matters and can enter into instalment arrangements. In some cases, if you are expecting to receive funds from a settlement or litigation, we may be able to defer our fees so that we can represent you immediately and receive payment once funds are available to you.
Male And Female Family Law Solicitors
Some people prefer dealing with a female, others with males. That’s no problem. Just ask us when you book your appointment.
Divorce Frequently Asked Questions
Family law is a broad term which covers a lot of other areas. These areas include:
- Adoption (including by a step-parent);
- Binding financial agreement;
- Change of a child’s surname;
- Child support;
- Children’s issues (parenting arrangements) including time with each parent or significant other;
- Property Settlement (Division of property);
- Divorce;
- Domestic Violence Order applications;
- Exclusive possession of property; and
- Hague Convention applications;
- No contact orders;
- Prenuptial agreements;
- Recovery orders;
- Relocation;
- Spousal maintenance;
- Surrogacy.
These are lawyers who work in the family law area and help people with their post separation matters. Family lawyers are required to have knowledge on a broad range of areas as these all intertwine when separation occurs. For instance, family lawyers need business aptitude, business knowledge, criminal law knowledge, taxation understanding, debt recovery knowledge, developmental age of children studies and the list goes on.
What makes our team different, is that our lawyers are experienced in all of the areas that intersect with family law and can provide you with bespoke advice to suit your needs. After assessing the entirety of your matter, we are able to provide you with legal advice outlining a holistic approach forward. Family lawyers consider your situation and how it applies to the Family Law Act. If the matter cannot resolve through alternative dispute resolution processes such as mediation, then a family lawyer prepares your case, all material and attends at Court for your matter. Family lawyers are unique because they are required to have a significant amount of skills around problem solving, advocacy, oral communication and written communication.
These disputes are litigated in the Federal Circuit and Family Court of Australia.
Family law is governed by the Family Law Act 1975 (Cth). This means that it is a federal jurisdiction, and does not change state to state (except Western Australia which is set up a little differently).
All litigation can be expensive. It is often lengthy, time consuming and complex which are all factors that contribute to the ultimate legal bill. We do offer flexible costs agreements which include instalment arrangements or payment plans, as we all as fixed fee arrangements. If the parties reach an agreement early on, then fees are substantially reduced compared to those families who are in protracted litigation for 2 years or more.
As each situation, case and family is different, so to are our fees. We recommend you call us and book an initial no obligation 20 minute consultation with one of our experienced family lawyers. This will enable us to provide you with a quote for our fees and discuss payment options that might suit your circumstances best.
As detailed above there are 4 main steps.
- Is it appropriate to adjust people’s interests in property and complete a Property Settlement?
- What is the property pool?
- What are the contributions of each of the parties to the relationship?
- What are the adjustments that need to be made for any futures matters which need to be taken into account?
In short – usually, yes.
In September 2021 the Federal Circuit Court and Family Court merged to become the Federal Circuit and Family Court of Australia. Part of these changes included the creation of the Federal Circuit and Family Court of Australia (Family Law) Rules 2021. These rules introduced a number of steps which have to be undertaken prior to a party instituting proceedings, regardless of whether the proceedings are for parenting or property matters. One of these steps includes attending alternative dispute resolution, which includes mediation.
There are some exceptions to not attending mediation or participating in the other required steps before instituting Court. If you are thinking about seeking an exemption from completing these steps, we recommend you obtain legal advice prior to doing so.
Firstly, make an appointment to see an experienced family lawyer for legal advice. They will be able to explain to you the concepts and specific steps you need to undertake.
In property settlement matters, it is important that you have exchanged financial disclosure of any relevant documents or statements and have valued any property where the value might be in dispute. This can include your house, land, investment property, superannuation, car, jewellery and the like.
In parenting matters, you should exchange relevant information and documents about the issues being discussed. For instance, if it is a change in school then report cards or behaviour notes might be relevant.
It is also important to consider whether a mediation should be conducted in a collaborative way by including your accountant or a tax advisor in some property settlement matters. In parenting matters, it might be appropriate to consider facilitating a child inclusive mediation.
Australia has a no fault divorce system. This means you do not have to prove what went wrong or why you are asking for a divorce.
Instead, you need to show to the Court that you have been separated from your husband or wife for more than 12 months, there are appropriate care arrangements for any children under 18 and that the Court has jurisdiction to deal with the matter.
If you make an application on your own behalf, you also have to prove that the other party was served a copy in compliance with the Rules. If you and your ex make an application together, you do not have to do this step.
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