In Australia, family lawyers charge between $250 and $800 per hour, potentially more if they have specific skill sets, extensive experience or qualifications. The area your family lawyer is based in can also influence the costs involved, with regional or rural lawyers generally charging a lot less than inner-city law firms, such as Brisbane family lawyers. 

For simple matters, such as getting a divorce or drafting consent orders that both parties agree to, costs may be under $ 5,000. Binding financial agreements generally have a set fee, which varies by law firm and the complexity of the matter. Complex property settlements or ongoing parenting disputes that end up in court and require ongoing management, court representation (which may be by a barrister), or independent reports can cost upwards of $50,000, running into hundreds of thousands for some matters. Costs are generally relative to the asset pool for property matters.

Choosing the best family lawyer will come down to choosing someone who is a good fit for your matter and is someone you feel comfortable sharing your matter details with. There are many ways to research the reputation of family lawyers, including word of mouth, online reviews and directories such as the Queensland Law Society. If your matter is particularly complex, you may choose to work with a firm or family lawyer who has a special interest in the given area, or an Accredited Family Law Specialist.

In Australia, in almost all cases, the courts encourage children to have contact with both parents, unless there are valid reasons not to, such as safety concerns. If a father has custody (care) of his children on a full-time or shared basis, there would generally need to be significant issues for him to lose access or care. These may include family violence, abuse, severe substance use issues or serious mental health issues that prevent a child, or children, from receiving adequate care. 

In Australia, both parties are generally responsible for their own costs, unless one party has acted unreasonably, failed to comply with court requests or orders, or deliberately drawn out proceedings. In these cases, the court may order one party to pay some or all of the other party’s costs. In matters of significant imbalances in financial capacity, one party may also pay most, or all costs.

All Australian family lawyers work under the Family Law Act 1975, a federal law, meaning that in most cases, they can assist you with a matter anywhere in Australia. Western Australia has slightly different guidelines for de facto law, and domestic and family violence is generally addressed under state law, meaning that it may be difficult for a family lawyer supporting you with family violence matters to assist if they are not in the same state as you are. The biggest advantage of having a lawyer in your own state or area is that they can attend mediation or court locally with you, and you can meet and discuss matters in person.

The family law process in Brisbane, or anywhere in Australia, can take anywhere from a few months to a few years. A simple divorce (without parenting or property matters), will generally be resolved in a few months from application to finalisation. Parenting and property matters where both parties agree can often be resolved in under 6 months, if the process is managed efficiently. High conflict parenting or property matters, or complex property matters, can take a year, or even a few years to resolve. Some delays may be due to one or both parties’ lack of cooperation or timeliness, while others may be caused by a backlog in the court.

When you attend your first appointment, bring as much relevant information as possible. This may include informal parenting agreements, details of any early-stage financial arrangements, and any family or financial information that can help us get a clearer picture of your situation. If you have detailed financial information, such as home valuations, superannuation and bank statements, or taxation and trust records, they can be very helpful to begin an assessment of the property pool. It’s also a good idea to bring a list of any questions you may have, and any communications you have received from your former partner or their lawyer, regarding proposed parenting or property matters.