Resources
Queensland Family Law Resources
Clear, practical information to help you understand where you stand. General information only — not legal advice.
Guides by topic
Matrimonial Property Settlement
Brisbane property settlement lawyers with 40+ years' experience. We help separating married couples divide assets, superannuation and debts fairly under the Family Law Act.
Divorce Lawyers
Brisbane divorce lawyers with 40+ years' experience. We explain the no-fault divorce process, the 12-month separation rule, applications and what divorce means for property and children.
Parenting Arrangements & Children's Matters
Brisbane parenting and child custody lawyers. We help parents reach arrangements about where children live and time spent, in the children's best interests. Book a confidential consultation.
Binding Financial Agreements
Binding Financial Agreements drafted by experienced Brisbane family lawyers. Protect assets before, during or after a relationship.
Spousal Maintenance
Brisbane spousal maintenance lawyers. Advice on claiming or responding to spousal and de facto partner maintenance — needs vs capacity to pay. Book a confidential consultation.
Family Law Mediation
Family Dispute Resolution and mediation for Brisbane families. Resolve parenting and property disputes without court, with experienced family law guidance.
Frequently Asked Questions
Straight answers to the questions Brisbane families ask us most. General information only — not legal advice.
How much does a divorce cost?
We charge a flat fee for an application for divorce of $1,250. The filing fee for a divorce is currently $1,170. There can be fees for the service of a divorce which is typically between $100 and $200. Every case is different. This is not legal advice. We are available to discuss all of your questions with you on (07) 3236 1612.
What is a 'de facto' relationship?
A de facto relationship is a relationship between 2 people who live together on a genuine domestic basis. The Court will consider a number of factors which include: the duration of the relationship; the nature and extent of cohabitation; whether a sexual relationship exists or existed; financial dependence or interdependence; ownership, use, and acquisition of property; mutual commitment to a shared life; whether the relationship is or was formally registered; care and support of children; and the public reputation of the relationship. Every case is different. This is not legal advice. We are available to discuss all of your questions with you on (07) 3236 1612.
How does the Court decide who the children will live with?
The primary consideration in any child matter is the best interests of the children. The Court will consider a number of factors in determining what the best interests are including: what arrangement would promote the safety of the child and each person who has care of the child; the views expressed by the child; the developmental, psychological, emotional and cultural needs of the child; the capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child's developmental, psychological, emotional and cultural needs; the benefit to the child of being able to have a relationship with the child's parents and other people who are significant to the child, where it is safe to do so; and anything else that is relevant to the particular circumstances of the child. Every case is different. This is not legal advice. We are available to discuss all of your questions with you on (07) 3236 1612.
What are the requirements for getting a divorce?
The only ground for divorce in Australia is a period of separation of more than 12 months. This can include a physical separation but generally there must be an intention by one or both of the parties to sever their marital relationship, and that intention must be communicated in some way to the other party and acted upon. Every case is different. This is not legal advice. We are available to discuss all of your questions with you on (07) 3236 1612.
How do I find out what my spouse owns?
In most cases the parties already know what the assets of the parties are or have some idea subject to a valuation. Where there is a business there is generally a list of the significant assets included with the financial statements of the business (a depreciation schedule). There are a number of searches available for real estate and companies. Every case is different. This is not legal advice. We are available to discuss all of your questions with you on (07) 3236 1612.
How do we decide what the house/car/business is worth?
Almost any asset can be valued by a specialist asset valuer. Real estate valuers are common and common assets such as cars and furniture can be easily valued. Businesses can be valued by valuing the assets of the business and engaging a specialist business valuer (generally an accountant) to value the business. Some assets are more exotic such as valuable art, collectables and wine and generally can be valued. Every case is different. This is not legal advice. We are available to discuss all of your questions with you on (07) 3236 1612.
How long does the court process take?
The Court resolves disputes between people. Where parties can resolve some or all of their dispute early, the Court process can be relatively short, a few months. Where parties cannot resolve their dispute, the matter will proceed to a trial. A trial will typically occur 18 to 24 months after the application is filed. Every case is different. This is not legal advice. We are available to discuss all of your questions with you on (07) 3236 1612.
Is mediation or Family Dispute Resolution compulsory?
The relevant Australian legislation and Court rules require that parties make a genuine effort to settle their family law issues (child and property) before engaging the Court process. Parties are required to inform the other party of the Court's pre-action procedures, make enquiries about available dispute resolution services and invite the other party to participate. If one party refuses to participate in the pre-action procedures, then the Court may order costs against that party. Every case is different. This is not legal advice. We are available to discuss all of your questions with you on (07) 3236 1612.