It’s highly recommended to consult a family law solicitor before separating. They can guide you through your rights and responsibilities, ensuring you understand the family law process, especially in areas like property settlement, parenting arrangements, and legal entitlements.

It can be overwhelming to know where to start when a significant relationship breaks down, but it helps to create a plan to move forward. Arrangements for children and financial separation are generally the two areas that are most important to address. Getting some early family law advice can help you understand what’s involved in your separation.

A family law specialist can help you understand the steps involved, whether you’re dealing with a property settlement, children’s arrangements, or divorce. If you and your ex-partner can agree on most things, it’s simply a matter of formalising agreements. If there is conflict over parenting or property matters, mediation, negotiations, or dispute resolution may be required. Get in touch with our trusted team of Brisbane family lawyers – we’ll ensure you have clarity about your options and an actionable plan to follow.

In Australian family law:

  • De facto separation occurs when an unmarried couple splits, requiring property and parenting arrangements to be settled without divorce.
  • Separation from marriage occurs when a married couple lives apart on a trial or permanent basis. This may mark the start of the one-year separation period required to commence divorce proceedings.
  • Divorce legally ends a marriage after 12 months of separation but doesn’t resolve property or parenting issues, which must be addressed separately.

Our family lawyers in Brisbane specialise in separation matters and can assist you with all legal aspects of your separation.

The best way to organise parenting arrangements is to reach an agreement with your ex-partner about what is best for your family. This can be achieved through discussion, mediation, or having your lawyers negotiate on your behalf.

Family law services such as family mediation and family dispute resolution help parents agree on children’s arrangements, which can then be written into an informal parenting plan or legally binding consent orders. If you can’t reach an agreement, a trusted family lawyer can assist with applying for court orders and providing legal representation if the matter is heard by the court.

Property matters in family law are settled based on the asset pool, each partner’s contributions and the needs of both parties. We can help you negotiate a property settlement agreement or assist with complex property matters, ensuring an equitable distribution, including any financial support entitlements like child support or spousal maintenance.

Duty of disclosure involves sharing financial information to allow both parties to make informed decisions during property settlement. The Family Law Act requires full disclosure to ensure a fair division of assets and prevent future disputes.

If you suspect that your ex-partner isn’t providing an accurate picture of their financial situation during settlement, a family law solicitor can help you obtain full financial disclosure from them.

In complex legal issues like this, working with experienced family lawyers can assist with the financial discovery process and ensure that all assets are accounted for in your property settlement.

If you are in immediate danger, please contact 000. If you are experiencing domestic or family violence, our team can assist you in obtaining a family or domestic violence protection order, which outlines legal conditions in regard to the person who is directing harmful behaviour towards you. We can also assist with urgent court orders to help ensure your safety during separation.

The separation process for de facto same-sex relationships follows the same legal framework as heterosexual relationships under the Family Law Act. Property division, parenting arrangements, and financial support are addressed similarly, with legal advice ensuring fair and equitable resolutions in court proceedings.

If you and your former partner cannot agree, a family law mediator or lawyer can help. Family mediation is often a required step before applying to the court. If necessary, your family lawyer can guide you through court procedures to assist in seeking a fair parenting plan or property settlement order if you are unable to reach an agreement with your former partner in other ways.

No, going to court isn’t always necessary. Many matters, such as property settlements and children’s arrangements, can be resolved through family mediation or negotiation. However, if you and your ex-partner can’t agree, court intervention may be required. Family lawyers in Brisbane can guide you through the process.

Legal fees for separation can vary depending on the complexity of your family law issues, such as property settlements or parenting (child custody) arrangements. Straightforward matters can be resolved with minimal fees, whereas high-conflict or disputed matters, parenting time disagreements, complex financial matters and matters where domestic violence or child abuse is a factor can be far more lengthy and difficult to resolve, which generally also increases associated legal fees.

If you and your ex-partner are both able to agree and work together, your matter will be resolved in a shorter timeframe with lower legal fees. A good family lawyer can provide an estimate based on your specific circumstances, and it’s wise to always discuss fees with your lawyer upfront to ensure clear expectations. Get in touch with Avokah’s Brisbane family law team today for a chat about your personal situation and a clear fee estimation.

Yes, our family law solicitors can assist with private child support agreement matters, helping you understand your obligations or rights.

Binding financial agreements (BFAs) are legally enforceable agreements between partners about the division of property or financial matters. They are often used by married or de facto couples who enter into prenuptial agreements, but they can also be used during a relationship or when one ends up dividing assets. A family law specialist can ensure the agreement is legally sound, provide independent legal advice (which is a must for both parties) and ensure the agreement is in your best interests.

Yes, we can assist with international family law matters. Our team is experienced in handling cross-border issues such as:

  1. Child Custody & Parenting Disputes: Resolving international parenting disputes under the Hague Convention or through bilateral agreements.
  2. International Divorce: Assisting with divorce proceedings when one or both parties live overseas.
  3. Property Settlement: Managing property division across multiple jurisdictions, ensuring fair settlement.

We offer trusted legal advice and can collaborate with other law firms or authorities globally to ensure the effective handling of your case.

In divorce or de facto relationships, property settlement entitlements are determined by the Family Law Act. If both partners want the house or certain other assets, the court will consider both parties’ financial situation, current and future needs, contributions, and a number of other factors in making a decision.

Superannuation, including SMSF, is considered part of the asset pool during property settlement, just like the family home, cars, debts, and businesses owned by either party. A valuation must be provided for any superannuation funds, and how they will be split will be determined to ensure a fair division. When property settlement is finalised, paperwork is provided to the trustee of superannuation funds, and any required transfers will be made.

Yes, any type of superannuation, including self-managed super funds, can be split in divorce or de facto relationships. Superannuation entitlements are included in property settlements, and specific court orders can ensure equitable division of these assets. In some cases, such as with SMSFs, a valuation process may be required.

The duration of family law cases varies, and the timeline often rests on the ability of both parties to reach an agreement. Out-of-court matters are generally much faster to resolve. Court proceedings can take months, even years, depending on the complexity of the case. Property settlement and ongoing parenting disputes that cannot be resolved in mediation and end up in court can cause emotional stress for both parties. Early legal advice can help speed up the process.

No. The division of assets depends on individual circumstances, such as contributions and needs, and there can be a lot of variance in the percentage allocated if assessed by a court. If you are both happy to split things down the middle, or the court believes that is fair in your matter, then a 50/50 split is possible. 60/40 and 70/30 splits are also seen in some circumstances.

If you are going through a separation and your ex is selling assets before the property is settled, consult a family law firm immediately.

Lawyers can help prevent asset disposal through court proceedings or legal measures, ensuring your property settlement entitlements are protected.

Our Brisbane lawyers can help by:

  1. Seeking Urgent Orders: Lawyers can apply for urgent court orders (e.g., freezing orders) to prevent asset disposal.
  2. Protecting Entitlements: Ensuring your property settlement entitlements are protected during court proceedings.
  3. Interim Orders: Lawyers can request interim orders on your behalf to stop asset sales until your matter is resolved.