- How is property divided after a divorce in Australia?
Contrary to popular belief, there is no “50/50” rule in Australia. Instead, the court uses a four-step process to determine a “just and equitable” split. This includes identifying your total asset pool, evaluating financial and non-financial contributions (like caring for children), and looking at future needs such as earning capacity and health.
Our Tip: Don’t wait to start your property settlement. Delaying can lead to complications with assets acquired post-separation.
- Do I have to go to Court for a parenting or property matter?
Most family law cases in Brisbane are resolved via mediation or negotiation without ever stepping into a courtroom. We prioritize “out-of-court” resolutions to save you time and emotional stress. However, if your former partner refuses to negotiate fairly, we can ensure you have a formidable presence in the Federal Circuit and Family Court.
- What is a Recovery Order and how do I get one?
A Recovery Order is a court order that requires a child to be returned to a parent or carer. This is often used when a child has been withheld or taken without consent. Because we have successfully secured recovery orders in the Federal Circuit and Family Court (Division 1), we can act quickly to help reunite you with your child.
- Can I represent myself, or do I need a lawyer?
While you have the right to represent yourself, family law is complex and emotionally charged. A single mistake in a “Consent Order” or “Binding Financial Agreement” can be difficult and expensive to fix later. Our firm provides the strategic oversight needed to ensure your rights are protected from the start.
- What is the difference between a Parenting Plan and Consent Orders?
A Parenting Plan is an informal, written agreement that is not legally binding. Consent Orders are approved by the Court and have the same legal force as an order made by a Judge after a trial. For long-term security, we usually recommend formalising agreements through Consent Orders.
Author adminPosted on Categories Family law