What should I do first if I’m considering divorce in Queensland?
When considering divorce, it’s important to consult with a team that specialises in legal matters surrounding marriage and separation, because everyone’s story is different. There is a lot to think about – and the divorce itself is usually straightforward. Matters like asset division and parenting arrangements require a lot more thought. A family lawyer can explain the processes involved and your legal rights, as well as guide you through paperwork, ensuring your case is handled efficiently while reducing stress during this challenging time.
How is property divided during a separation or divorce in Australia?
Property division depends on your particular circumstances. Experienced legal professionals can assess you and your former partner’s assets, liabilities and contributions to begin the property settlement process, to help you to achieve the best possible outcome. Through negotiation, mediation processes, or court, if other avenues fail, a family lawyer can help you to resolve disputes, finalise property settlement, and ensure your legal rights are protected.
What are my parenting rights after a separation or divorce?
Your legal rights regarding parenting matters include the ability to spend time with your child and have care of them at times, in almost all cases, unless there are safety concerns. Most separating parents discuss parenting arrangements (child custody) based on their unique circumstances, and what works best for the parents and children involved. Our Beenleigh family lawyers can advise you on parenting orders, mediation processes, and court applications for consent orders if you choose to go that way. Our experienced teams provide expert advice and support to assist you in securing the best outcome for you and your children.
How do I apply for consent orders for property or children?
Consent orders formalise property settlement or parenting arrangements without lengthy court hearings, provided both parties agree to the orders being made. You’ll need to decide on a property split or parenting matters beforehand, have them drafted into consent orders and have them approved by the court. Our legal professionals guide you through legal requirements, documentation, and negotiations to ensure your particular circumstances are considered.
Can I change child support arrangements if circumstances change?
Yes. If your or your ex-partner’s circumstances change – for example, a change in income, living arrangements, or the needs of your children – you can apply to vary child support through the Department of Human Services or the family court. It’s essential to provide evidence of the change, and legal advice can help ensure your application is prepared correctly and increases the chance of a fair outcome.
What legal protections are available for domestic violence victims in Queensland?
Victims of domestic violence can apply for protection through protection orders (restraining orders), or family court applications if there are children involved. These orders can prevent the abuser from contacting or approaching you and can include conditions relating to children and property. Legal advice is recommended to understand your options and ensure applications are correctly completed.