How can I keep our family law matter out of court?
To keep family law matters out of court, consider mediation or other dispute resolution options. A family law team can guide you through these alternatives, helping you reach an agreement without the need for court involvement.
You can also seek independent legal advice from experienced Brisbane family lawyers, who will offer trusted legal advice on how to handle family law issues amicably. These options can save time and reduce legal fees.
My former partner is refusing mediation, what should I do?
If your ex-partner refuses mediation, you can still proceed with the family law process by seeking legal action. Our dedicated team of family lawyers in Brisbane will help you understand your options under the Family Law Act, which encourages alternative dispute resolution before moving to court. Accredited family law specialists can provide family law advice to ensure you know your rights and options moving forward, including possible court procedures.
How much does legal representation in family court cost?
The cost of legal representation in family court varies depending on the complexity of the case. Hourly rates for family lawyers typically range from $250 to $600 per hour, depending on the lawyer’s experience and reputation. We will provide transparent family law advice and help you understand potential costs. A good family lawyer will always work with you on strategies to manage costs.
For more straightforward cases, such as drafting prenuptial agreements or property settlement agreements, you may be able to secure a fixed fee arrangement, which can range from $1,500 to $5,000 for basic services. For complex family law matters or disputes requiring significant court time, costs can rise substantially, potentially exceeding $10,000 to $20,000 or more. Some matters may be eligible for Legal Aid, but most matters are privately funded.
What happens if our matter needs to go to court?
If your matter requires court involvement, your family law solicitor will guide you through court procedures under the Family Law Act. Whether it’s parenting arrangements or property settlement entitlements, your family law team will help you prepare your case, ensuring complex legal issues are addressed. Our experienced Brisbane family lawyers can advocate on your behalf in court, aiming for a fair outcome while managing costs and stress.
Are domestic violence matters heard in family court?
Yes, family violence matters can be heard in family court, especially if they impact parenting plans or financial arrangements. Family law solicitors can help you navigate these sensitive issues under the Family Law Act. However, if the matter specifically involves an order such as a domestic violence order (DVO) or protection order, it will be dealt with in the Magistrates Court.
Seeking support services and independent legal advice from trusted family lawyers regarding your safety and legal options is recommended if your relationship breakdown is affected by family violence.
Is there any way to cancel a court hearing after it's been initiated?
Yes, in some cases, it is possible to cancel or delay a court hearing if both parties agree, or if there are complex property matters or new circumstances that require adjustment. To determine whether this is feasible, it’s important to consult with a family law specialist. Your family law team can guide you through the court procedures and advise on the possibility of rescheduling the hearing based on your specific situation.
How long will our matter take to resolve in court?
The duration of a family law matter in family court can vary based on its complexity and the court’s schedule. Simple matters like financial arrangements may be resolved in a few months, while complex property matters or parenting disputes can take longer. The family law process can be expedited with the help of professional family lawyers who ensure that all paperwork and hearings proceed smoothly, helping reduce delays and legal costs.
What type of matters usually end up in family court?
In most cases, finalising a family law matter after a marriage or de facto relationship ends can be organised out of court. Matters that commonly end up in family court include property settlement entitlements, parenting disputes, and family violence cases. Family law disputes involving complex financial matters, such as those concerning self-managed superannuation funds or asset division, also often require court intervention. The more complex the matter, the more it helps to work with a team with legal expertise in family law, because the outcomes can have long-term effects on your family and financial future.
Are children involved in court proceedings for parenting matters?
Children are not typically involved directly in family court proceedings, but parenting matters will focus on their best interests. A parenting plan or consent orders can be created and agreed upon based on the child’s needs without needing to attend lengthy court proceedings.
Family law solicitors will often work to ensure children’s welfare is central to any court decision. If family violence is involved, children may be considered when determining custody and visitation arrangements to ensure their safety. If complex parenting disputes are at play, a child may have their views shared with the court, depending on their age and the situation, via a Family Court Report or Independent Children’s Lawyer, which can be arranged through your family law firm.
What is considered an urgent family court matter?
Urgent family court matters include situations where there is a risk of harm to a child, domestic violence or the risk of assets being dissipated or hidden. If parenting arrangements are being breached or if there is a concern for their welfare, urgent intervention may be sought. An experienced Brisbane family lawyer will assist you in proving the urgency of your case, ensuring that the court takes immediate action in accordance with the Family Law Act.
