Separation & Divorce
From the moment your relationship with your partner starts breaking down to the point when financial and parenting issues have been finalised, we understand that it is a difficult and emotionally draining process. We can help you manage your financial and parenting matters with understanding and care during this difficult time.
It is always difficult to separate emotionally from your partner when you are considering how you and possibly your children are going to survive financially the breakdown of your relationship. We can help to take care of your property issues, including taking instructions and drafting financial agreements and/or court proceedings.
Binding Financial Agreements
There are a number of ways that Binding Financial Agreements apply with respect to your property
1. When you consider living with someone;
2. When you are living with someone
3. When you separate from someone;
4. When you are considering marrying someone or have just married someone.
We can help draft any of the above documents to suit your needs.
Sometimes after you separate from your partner your income is insufficient to meet your reasonable living expenses. If your ex-partner has excess income after satisfying their reasonable living expenses, you could ask your ex-partner to help you to meet your reasonable living expenses until you are able to support yourself. We can help you negotiate this with your ex-partner or act on your behalf in Court proceedings to protect your interests.
De Facto Relationship Issues (including same-sex relationships)
With the amendments to the Family Law Act in 2009, de facto partners are entitled to the same remedies under the law as married partners. This includes Financial Agreements, consent orders and spousal maintenance – all of which we can assist you with.
Working out who your children will live with and who gets to spend time with them and when can be difficult and complex issues. There are many factors to consider such as whether it should just be an agreement between the partners, whether there may be other parties who want to be included in the agreement, for example extended family, and whether there should be an Order of the Court.
We can help you negotiate a good outcome for the children, whether by agreement or when acting on your behalf in Court proceedings.
If you are contesting the paternity of a child of your relationship, we can help you by organising tests and acting on your behalf in Court proceedings to establish the paternity of a child.
When you have separated from your partner, and the children are in your care, you may be entitled to ask your ex-partner to help support your children financially. We can help you negotiate a private child support agreement to achieve this or to contest a ruling from the CSA (Child Support Agency) as to the amount payable in child support.
Domestic violence can happen to anyone, regardless of race, age, gender, culture, religion, economic or social status. It can take many different forms, from physical, verbal, sexual, financial or emotional abuse.
Talk to us to discuss options for removing yourself from an unsafe situation and obtaining a Court Order to protect you (and your family) from your abuser.
Mediation & Settlement Conferences
Often matters can be resolved without a Judge imposing a decision after a Court hearing. We can help you by representing you at mediation or at a settlement conference for all of your family needs, including parenting and financial issues.
Both of these options are an informal way to negotiate a resolution with the other party, assisted by a mediator or convenor.
Talk to us to obtain further information about these processes and how mediation or a settlement conference may assist you in resolving your family law matters.
If you and your ex-partner cannot agree on your parenting or financial matters, it may be appropriate to initiate Court proceedings so that a Judge of the Federal Circuit Court or Family Court can decide what will happen.
We can help you with drafting Court proceedings for all of your family law needs, from parenting to domestic violence to financial matters. Our team has ample experience in representing clients in various Court proceedings – talk to us to discuss whether your family matter is appropriate for litigation.
If you and your ex-partner have reached agreement on your parenting or financial matters, you may want to formalise this agreement to make it binding on all parties. We can help you by making the necessary application to the Court so that your agreement becomes an enforceable Court order.
As a preferred supplier with Legal Aid Queensland, we are authorised to undertake Legal Aid work for all family law matters, including matters relating to your children and financial matters.
Talk to us to discuss whether you are eligible for Legal Aid and how we can assist you in resolving your family law matter.
We also offer: