Can you help with urgent court proceedings?
Yes, our experienced family lawyers can assist with helping you prepare for an urgent court proceeding, such as domestic violence orders, parenting and property matters. Our family law team will ensure you have the support and advice you need to protect you and your loved ones.
What options do we have to organise parenting arrangements (child custody)?
Parenting arrangements can be organised through informal agreements, which are called parenting plans, or be written into legally binding consent orders. Consent orders are enforceable by law. A professional family lawyer can guide you through these options to find the best solution for your family.
Is there a standard parenting time agreement in Australia?
There is no one-size-fits-all parenting agreement in Australia. Parenting arrangements can be tailored to the needs of the child/ren and the family’s circumstances. Shared care is common, but arrangements depend on factors such as work schedules and the child’s best interests.
It’s also important to consider that children’s needs may change as they grow older, and that parents may also have different commitments over the years following relationship breakdown. A parenting plan is easier to change but isn’t legally binding.
A parenting order is more difficult and costly to change but is legally binding. Try to consider what works now, and think about how things may change as your children grow.
How can I deal with ongoing parenting disputes with my former spouse or partner?
Ongoing disputes regarding parenting time or care (formerly referred to as child custody arrangements) can be addressed through mediation, collaborative family law services, or court proceedings.
Our experienced Brisbane family lawyers will work with you to resolve issues amicably wherever possible or represent you in court if necessary.
If parenting orders are in place and one party is not complying with them, the courts may have grounds to rectify the breach (or contravention of the order).
How can I get a divorce if I can't serve my ex-partner?
If you’re unable to serve divorce papers, you can apply to the Court for substituted service or a dispensation of service. These options ensure the legal process continues, even when contact with your ex-partner is difficult.
What are the costs associated with divorce and separation?
After a relationship ends, a range of legal matters may need to be addressed. Getting a divorce is only one small part of ending a marriage, which changes your legal status from married to divorced. Filing fees for divorce applications currently cost $1,100 without legal assistance. A reduced or concession fee is also available to those who are eligible to receive it. There are no fees or formal processes required to end a de facto relationship.
There are also court filing fees and legal fees associated with finalising property settlements and parenting matters, such as the cost of mediation, advice, legal representation and court procedures. Resolving complex property matters may also incur additional costs. Our Brisbane family lawyers are transparent and supportive, and we offer clear advice on managing these expenses.
How much does a family lawyer cost in Australia?
The cost of a family lawyer in Australia varies depending on the complexity of your matter and the services required. Some family law firms offer fixed fees for specific tasks, such as preparing consent orders or attending mediation. Hourly rates can range from $250 to $600 or more, depending on a number of factors, including a lawyer’s experience and the firm’s fee structures. Larger firms may charge more per hour.
At Avokah Legal, we offer a free initial 15-minute consultation, excellent fixed hourly rates of $300 per hour for your comprehensive consult, and comprehensive support packages for different types of family law matters. We can provide information on different legal pathways related to your matter and the expected costs associated with them. For advice about costs, please contact our family lawyers to discuss your matter.
Do I really need a lawyer to resolve my family law issue?
While it’s not compulsory to hire a family lawyer for most matters, seeking legal advice ensures your agreements are fair and legally binding and protect your rights. This is especially important for parenting arrangements and property settlements, which can have a long-term impact on your life.
An exception here is if you are creating a binding financial agreement (such as a prenuptial agreement). Under the Family Law Act, you must both seek independent legal advice, or it won’t be legally binding.
Family law has many nuances, which are not always easy to understand, especially when you are going through an emotional time. Working with a good family lawyer ensures you can make informed decisions about your future. If you are managing complex legal issues, family court proceedings, or international family law matters, it’s also very wise to enlist the support of a family lawyer with legal expertise in the areas required.
Why do we have to go to mediation?
Mediation is often required under the Family Law Act before filing a court application for parenting matters. It encourages parties to reach agreements amicably and avoid the stress and expense of court proceedings. We don’t directly offer mediation as a service, but we work with some highly skilled and affordable mediators that we can recommend. Please get in touch to find out more.
What happens if my former partner doesn't want to attend mediation?
If your ex-partner refuses mediation, you can apply for a Section 60I certificate from your mediators or family dispute resolution practitioner. This certificate allows you to proceed with a court application for parenting orders.
Will the recent changes to the Family Law Act affect my family law matters?
Recent changes to the Family Law Act in May 2024 aim to simplify processes and improve family outcomes. Depending on your situation, these changes may impact parenting orders, property settlements, or mediation requirements – but they won’t affect orders and agreements previously made. You can read more about them here or get in touch with any specific questions you may have.
How can we keep our matter out of court?
Avoiding court is possible through negotiation, mediation, and collaborative family law approaches. In fact – nearly all family law matters can be solved out of court. Working with your partner to resolve matters out of court often saves significant amounts of time, stress and money.
It also can give both parties more ability to decide on their future after a separation. Our family law experts can assist with reaching a fair agreement with your former partner and drafting consent orders and agreements to finalise your matter amicably.
Some matters may need to be decided in court, but in many instances, the court can be avoided, and an agreement can be reached in a fair, affordable, and timely manner regarding parenting and property matters.
How are family law matters for same-sex relationships handled?
Family law matters for same-sex relationships are treated the same as for heterosexual couples. Whether you’re in a de facto relationship or marriage, our accredited family law specialists ensure you receive the expert advice you need.
What do I do if my ex and I can't agree on parenting or property matters?
If agreement isn’t possible, mediation is the first step. If disputes remain unresolved, court proceedings may be necessary. Our experienced team will guide you through the legal process to achieve a fair outcome.
If your matter is heard in the Federal Circuit and Family Court of Australia, the court will decide what happens with your parenting matters or property settlement agreement.
Are there property settlement time limits?
Yes, there are strict time limits. For married couples, you must apply for a property settlement within 12 months of your divorce. De facto couples have two years from the date of separation.
Is there a standard split in divorce or separation?
There is no standard split for property division and no simple formula for property settlement entitlements. The Family Law Act defines a list of factors, such as financial contributions, non-financial contributions, and future needs, to determine a fair division of assets for a separated couple.
What does it mean if my lawyer is a member of the Queensland Law Society?
Membership in the Queensland Law Society means a lawyer is a recognised legal professional who adheres to high ethical and professional standards. It indicates they are committed to ongoing professional development and maintaining best practices in their legal work. All of our team members are current members.
What's the process for family law matters?
Depending on your individual needs, there are many pathways to the legal aspects of divorce and separation in family law. Sometimes, you may just need some advice about your options, and at other times, you may work with your family law team for a longer period. This can happen if matters are complex, delayed or when parties cannot reach agreement.
High-conflict separations, domestic violence, international matters, ongoing parenting disputes, complex financial structures, and difficulties with reaching a financial agreement with your ex-partner may require more input from family law solicitors to be properly resolved.
The family law process typically includes:
Initial advice – Understanding your rights and options.
Negotiation – Reaching agreements on parenting or property matters, which can be done through discussions, negotiations or meditation
Formalising agreements – Drafting binding financial agreements or consent orders.
Potential court proceedings—Many matters can be finalised out of court. If disputes cannot be resolved by any other methods, the next step is generally to apply to the Federal Circuit and Family Court for determination.
Implementing new agreements or orders – This may include starting new parenting arrangements as per agreements or making transfers of property or superannuation.
Our Brisbane family lawyers guide you every step of the way, ensuring informed decisions and timely outcomes.