Family Lawyers Gold Coast

If you want to get a divorce, begin by seeking some independent legal advice from an experienced family law team. Our Gold Coast family lawyers will guide you through the entire process, from filing the application to finalising the divorce.

You’ll also need to consider any other family law matters you may need help with, including parenting arrangements (child custody), property settlements, and spousal maintenance. Understanding your legal rights and responsibilities is crucial before making any decision that could impact your future.

To apply for divorce in the Gold Coast, file a divorce application with the Federal Circuit Court. You can do this online or in person. Our compassionate and highly experienced Gold Coast divorce lawyers can guide you through the process.

Having a lawyer for divorce can simplify the process, ensure your rights are protected, and achieve the best possible outcome. Legal representation is especially beneficial for complex cases but is not a requirement and can be self-managed if it’s a straightforward divorce application.

The divorce process involves filing an application, attending a hearing, and receiving a divorce order.

The Federal Circuit Court handles the proceedings. Family law solicitors can help ensure the best possible outcome. Please be aware that getting a divorce is often the most straightforward part of family law cases.

Divorce applications simply change your legal status from ‘married’ to ‘divorced’. They do not address other areas of family law, such as property settlement or creating a parenting plan with your former spouse or partner. Our team of family lawyers can assist you every step of the way.

The time to finalise a divorce in Australia typically ranges from 2 to 4 months after filing. This depends on the court’s schedule and whether all documents are complete.

If you are making a sole application, you will also need to allow time for paperwork to be served on your ex-partner or ex-spouse, and for them to respond. A court hearing will be booked, which is usually only a few months away at most, depending on the court caseload.

If you have any issues with locating your ex-partner, serving paperwork, or providing necessary documents, the process can take significantly longer. Our highly experienced family lawyers can assist you with any matters related to your divorce application; please get in touch.

Yes, you can obtain a divorce without your spouse’s consent if you meet the legal requirements. You must prove that the marriage has irretrievably broken down and that you have lived separately for at least 12 months – or that you are living separately under the same roof.

Legal issues for same-sex couples, such as property settlements and parenting disputes, are resolved in the same manner as for heterosexual couples, based on the legal status of their relationship. If you are ending a same-sex marriage, you can follow the family law advice for divorce in Australia. If you are in a de facto same-sex relationship, your separation will follow the same family guidelines as all de facto relationships in Australia. If you require help with separation, parenting or property matters, please reach out to our family law solicitors for guidance.

Finalising a property settlement involves identifying and valuing all assets and liabilities, considering financial and non-financial contributions and looking at the future needs of both parties. It’s a complex area of family law, and there is no ‘standard split’, as every relationship is different. When you work with a family law team, they’ll assist you in negotiating a fair property division, ensuring your interests are protected.

Property settlements involve dividing assets and liabilities fairly between former partners. The Family Court considers financial and non-financial contributions to determine an equitable split. Factors include financial contributions, non-financial contributions, the length of the relationship, and future needs. Property settlements aim to ensure a fair distribution of assets and liabilities.

Agreements can be reached in a number of ways, including a decision between you and your ex-partner, mediation, negotiation between lawyers, and sometimes, if no other resolution can be reached, through a Federal Circuit and Family Court proceeding. When an agreement is reached, or if the court makes an order for a property split, this is usually formalised through consent orders or binding financial agreements. In family law property settlement cases where disputes arise, it’s best to seek legal advice as early as possible so you can start working towards a resolution.

Spousal maintenance is financial support provided to a spouse or de facto partner after separation, based on their needs and the other party’s capacity to pay. It ensures that the lower-earning party can maintain a reasonable standard of living.

Our family law services include assessing your eligibility for spousal maintenance and representing you in negotiations or court proceedings if necessary. We aim to secure fair and adequate financial support for our clients, considering various factors such as income, financial resources, and living expenses.

A binding financial agreement can help protect assets held by both married and de facto couples by clearly outlining the division of property and financial resources in the event of separation – before it arises. Some couples find this is a more proactive approach than the Family Law division of assets process after a relationship breakdown.

A BFA, or prenuptial agreement, can outline both parties’ wishes regarding parenting and property matters, including division of assets, child support and care arrangements for children. Prenuptial and post-nuptial agreements are legal documents that outline property and financial arrangements before or after marriage. They help protect assets and clarify financial matters in case of separation.

Organising parenting arrangements involves creating a plan that outlines parental responsibility for the care, living arrangements and costs of raising your children after separation or divorce. The children’s best interests should always be paramount, and mediation and alternative dispute resolution methods can be utilised to reach amicable agreements.

Parents can agree upon parenting arrangements, which are further formalised through consent orders, which outline the legal agreements made by parents in a legally enforceable court order.

If your matter cannot be resolved out of court, the court will decide your parenting arrangements based on your child’s best interests. This will include considering living arrangements, parental responsibilities, and the child’s needs. Parenting orders will issued by the Family Court of Australia if parents cannot agree to a suitable arrangement.

Yes, you can request modifications to child support or parenting arrangements, but this will depend on how your arrangements have been made. If your parenting arrangements are in the form of a parenting plan between you and your ex-partner, you will need to reach an agreement for changes to be made. If an agreement cannot be reached, you will need to attend mediation or Family Dispute Resolution or apply for consent orders to be made.

If you already have consent orders in place, you will need to submit a formal application to the Family Court to ask for orders to be changed. It’s helpful to consult with family law solicitors to seek adjustments based on changed circumstances.

Child support arrangements can also vary, but this will depend on your current arrangement. If it’s been organised through Services Australia, they will automatically update it based on your income and care percentages. If you have a limited or binding child support agreement in place, you will need to have this redrafted.

Child support is determined based on the parent’s income, the child’s needs, and the time spent with each parent. The Department of Human Services (Services Australia) provides guidelines and assessments to ensure fair contributions.

We certainly do, yes. Our team provides compassionate support, advice, and legal representation where necessary for family violence matters. Our experienced team is adept at handling sensitive situations, providing guidance through court proceedings, and ensuring that all the required measures are taken to protect our clients. Please get in touch today to learn more about how we can help.

If you or someone you care about is experiencing family or domestic violence, help is available. Victims of domestic violence can seek protection orders, access support services and have parenting orders put in place that protect children from further family violence. If you’d like to consult with our family law solicitors for legal advice during this difficult time, we can assist you with making arrangements that prioritise your safety. Domestic violence is taken seriously under Queensland law.

To apply for a protection order, file an application with the Queensland Magistrates Court. Evidence of domestic violence is required. A family law firm can assist in securing the protection you need.

During your initial consultation, our family law team will discuss your situation in detail and provide confidential advice on your legal matters. We will assess your case, explain your legal rights, and outline your options for resolving family law disputes.

This meeting is an opportunity to understand the process and how we can help you achieve the best outcomes. Please bring along any relevant documents, and consider in advance how you would ideally like to resolve your matters with your ex-partner.

Costs will vary depending on the complexity of your case and who you choose to work with. Our family lawyers in Gold Coast, Brisbane and Logan can offer fixed fees or hourly rates, depending on the nature of your matter. A free initial consultation can help you understand potential costs. Contact us today to book a free 15-minute consultation with our experienced Gold Coast family lawyers. This initial meeting enables you to understand your options and start the process.

Out-of-court settlements can be achieved through various alternative dispute resolution methods, such as mediation or negotiation. Our family lawyers will help you explore these options to avoid lengthy and costly court proceedings. Mediation involves a neutral third party facilitating discussions between the parties involved to reach an amicable agreement.

You can completely finalise your separation or divorce by creating binding financial agreements and consent orders to formalise settlements without any need to go to court. We aim to help you resolve disputes efficiently while protecting your legal rights and interests.

If you can’t agree, you’ll need to consider mediation, negotiations between both parties and/or their legal representatives, Family Dispute Resolution or court intervention. Family dispute resolution services can help facilitate an agreement, and the Family Court will decide if necessary.

The Family Law Act governs family law matters in Australia, including divorce, parenting matters, property settlements, and spousal maintenance. It provides the legal framework for resolving disputes related to family relationships and ensures the protection of parties’ rights.