FAQ's

Family law encompasses the legal aspects of family relationships, including marriage, divorce, child custody, child support, spousal support, property division, domestic violence, and adoption.

No. You can finalise a property settlement at any time after separation, even before applying for divorce. In fact, once a divorce becomes final, a 12-month time limit begins for starting property settlement proceedings or having your agreement approved by the Court.

Because of this, many people choose to resolve property matters before applying for divorce, avoiding unnecessary time pressures. However, delaying too long can affect your entitlements as circumstances change.

No and in fact, 90% of our cases settle outside of court.

Court proceedings are generally only commenced when all other avenues have been exhausted unless there are urgent factors that require a court application.

You are not required to obtain legal representation for yourself, whether in court proceedings or negotiating with your ex-partner or their lawyer. However, it is strongly recommended that you at least obtain independent advice from a lawyer before finalising any binding arrangement you reach.

A qualified and expert lawyer will be able to apply their knowledge of the legislation, court rules and case law to assist you to be aware of your rights and what the best and worst outcomes could be for you and your family. Lawyers also understand the court process and procedures, including how to obtain evidence, including through court experts.

If you are at immediate risk, contact the Police or dial 1800RESPECT. Police may apply for a Protection Order on your behalf when responding to your request for help.

For less urgent matters, you can attend your nearest Magistrates Court Registry, request and complete a Protection Order application, and file it immediately. It’s recommended you seek legal advice to ensure your application and evidence support the orders you seek.

Once filed, the Registry will set a date either for an urgent temporary order (often without the Respondent present) or for mention, where the Respondent states if they agree or dispute the application. The Registry will provide copies of your application to Police for service on the Respondent and for your records.

At the first court appearance, the Magistrate may issue a temporary order preventing the Respondent from actions such as contacting or approaching you. Breaching a protection order is a criminal offence.

My partner isn’t violent but I am scared because he is controlling.

Domestic violence includes a wide range of threatening or abusive behaviours and does not require physical violence. The definition of family violence is “violent, threatening or other behaviour that coerces or controls a family member or causes them to be fearful.”

Examples include physical assault, stalking, ongoing derogatory taunts, property damage, unreasonably denying financial autonomy or support, restricting access to family, friends or culture, depriving liberty, or threatening to commit any of these acts.

A child is considered exposed to family violence if they see, hear or are present during such behaviour. This includes comforting family members afterwards or being present when police or ambulance officers respond.

Some behaviours are obvious, while coercive control can be subtle and harder to recognise. Protections are available under the Family Law Act 1975 (Cth) and the Domestic and Family Violence Protection Act 2012 (Qld).

Mediation is a voluntary process where a neutral third party (mediator) helps the parties reach a mutually agreeable resolution. Whilst litigation is a formal court process where the parties present their case to a judge, who makes a decision. Litigation is often more time-consuming and expensive than mediation.