Family Law

Separation is a significant life change. You will need to make some immediate decisions about practical issues concerning your children and/or your assets and debts. That’s where we come in. As your trusted advisors, we take on the legal challenges so you can focus on looking after yourself. Our goal is to help resolve the difficult issues efficiently, allowing you to move forward and begin your new life with confidence and security.

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Divorce Applications

Divorce in Australia is the legal dissolution of marriage through the Federal Circuit and Family Court. Our lawyers help you through the divorce application process, from establishing the required 12-month separation period to preparing court documents and representing you at hearings if needed. We handle straightforward and complex divorce matters, including international marriages and separation under one roof.

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Property Settlements

Property settlement involves dividing assets, liabilities, and financial resources between separating couples. Our family lawyers help ensure a fair division of property, superannuation, businesses, investments, and other assets. We assist with negotiating settlements, preparing financial agreements or consent orders, and representing clients in court proceedings when necessary to achieve equitable financial outcomes.

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Parenting Arrangements

Parenting arrangements establish how separated parents will share responsibility and time with their children. Our child-focused approach helps you with practical custody agreements covering living arrangements, decision-making responsibilities, and communication frameworks. We prioritise children’s best interests while helping parents develop cooperative co-parenting relationships that support healthy child development.

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Financial Agreements

Binding financial agreements (also known as prenuptial agreements) provide certainty about how assets will be divided if a relationship ends. We draft legally sound agreements before marriage (prenuptial), during relationships, or after separation to protect individual assets, business interests, and inheritance. These agreements offer security and clarity about financial arrangements without court involvement.

Common FAQs about Family Law Matters

I HAVE JUST SEPARATED. WHERE DO I START?

Federal Circuit and Family Court of Australia website provides a Marriage, families and separation brochure, which includes information for people considering or affected by separation or divorce.

CAN I APPLY FOR A DIVORCE?

You can apply for a divorce in Australia if either you or your spouse is an Australian citizen or permanent resident, or you ordinarily live in Australia and have done so for at least 12 months before filing for divorce. You also need to satisfy the Court that you and your spouse have lived separately and apart for at least 12 months, and there is no reasonable likelihood of resuming married life.

I WAS MARRIED OVERSEAS. CAN I GET DIVORCED IN AUSTRALIA?

You are eligible to apply if either you or your spouse meet the jurisdictional requirements and if you have been separated for at least 12 months, regardless of where your marriage took place.

WHAT IF MY SPOUSE REFUSES TO SIGN THE DIVORCE PAPER?

You can file a sole application for divorce without your spouse’s consent. The court does not need to know the reasons for wanting a divorce. Suppose you can prove that there has been an irretrievable marriage breakdown, and you have been living separately for at least 12 months before filing for divorce. In that case, the Court may grant the divorce even if your spouse refuses to cooperate. However, It can take longer to finalise a sole divorce application in certain circumstances, such as when you have trouble with service processes.

DOES THE COURT DECIDE PROPERTY DIVISION DURING A DIVORCE APPLICATION?

No. The granting of a divorce DOES NOT decide issues about finances, property and maintenance or parenting arrangements for your children.

DO I HAVE TO ATTEND THE DIVORCE HEARING?

Court attendance is only needed if:

  • You filed a sole application and there is a child under 18; or
  • You requested to attend in your application; or
  • Either party objects to the divorce being heard without both parties.
  • The respondent opposes the divorce by filing a response; or
  • you’re applying for an order for substituted or dispensation of service.
WHEN CAN I REMARRY?

You should not make plans to remarry until your divorce order is finalised (in most cases, one month and one day after the divorce hearing).

WHAT'S A FINANCIAL AGREEMENT?

A Financial Agreement (BFA) is a contract between the couples to set out how assets and finances will be divided in the event of the separation. It doesn’t require court approval but must meet strict legal requirements, including independent legal advice for both parties. You cannot enter into a Financial Agreement without first getting legal advice from an Australian lawyer.

WHAT ARE CONSENT ORDERS?

Consent orders are proposed orders that you and the other party agree on and ask the Court to formalise as court orders. It can be used to settle property and financial matters in a relationship breakdown. You and the other party can apply for consent orders without a court hearing.

WHAT IS THE DIFFERENCE BETWEEN A CONSENT ORDER AND A BFA?

Both consent orders and binding financial agreements are useful tools for separating couples to formalise their property settlement arrangements. BFA offers more flexibility but may be more vulnerable to challenge, while Consent Orders are legally binding and enforceable by the court.

IS THERE A TIME LIMIT FOR PROPERTY SETTLEMENT AFTER SEPARATION?

Yes. For married couples, you must apply for property orders within 12 months of your divorce becoming final. For de facto relationships, you must apply within 2 years of separation. If you miss these deadlines, you’ll need special permission from the Court to proceed, which is not automatically granted.

WHAT SHOULD I DO BEFORE STARTING PROPERTY PROCEEDINGS?

Before starting financial proceedings, each party must make a genuine effort to resolve the dispute and comply with pre-action procedures. There may be serious consequences for non-compliance, including costs orders against a party if they do not comply. Parties are not required to follow or continue pre-action procedures if it is not safe to do so.

HOW DOES THE COURT DECIDE CUSTODY ARRANGEMENTS FOR CHILDREN?

The Court’s primary consideration is always the best interests of the child. The Court considers many factors including parenting capacity, family violence concerns, the child’s views (depending on age), and practical considerations like proximity to schools and each parent’s work commitments.

HOW ARE SUPERANNUATION ASSETS DIVIDED IN A SEPARATION?

Superannuation is treated as property but requires specific legal mechanisms for division. It can be split immediately through a formal agreement (giving each person their share) or flagged for division when the fund can be accessed. The division is not automatically 50/50 and depends on the overall property settlement approach.

Contact Details

Contact us to schedule an initial consultation. We’ll discuss your situation, explain your legal options, and recommend next steps. If you decide to proceed, we’ll develop a strategy tailored to your specific needs.

Address: CJI House, Suite 2F/130 Bundall Rd,

Bundall QLD 4217, Australia

Email: [email protected]

Phone: 1300 053 863

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