Can we split superannuation in a divorce?

Yes. Superannuation is treated as 'property' under the Family Law Act and can be split between parties to achieve a fair division of assets. This requires a formal agreement or court order.

Can I get funding for my family law legal fees?

Yes. We work with JustFund to provide legal finance for property settlements. This allows you to fund your case and only repay the legal fees once you receive your settlement payout at the end.

Family Law FAQs

Q: How is property divided in a separation?

Property is not automatically split 50/50. The Court applies a Four-Step Process: determining the net asset pool, assessing financial/non-financial contributions, adjusting for future needs, and ensuring the result is 'just and equitable'.

Q: Do de facto couples have the same rights as married couples?

Yes, in most cases. De facto couples generally have the same rights regarding property and parenting as married couples, provided they meet criteria (e.g., 2-year relationship). However, de facto property claims must be made within 2 years of separation.

Q: What are Parenting Orders and how do they work?

Parenting orders are legally binding directions covering who the child lives with and spends time with. The Court's paramount consideration is the 'best interests of the child', prioritizing meaningful relationships and protection from harm.

Q: How is Child Support calculated in Australia?

Child Support is calculated using a federal formula based on both parents' taxable incomes, the percentage of nights the child spends with each parent, and the costs of raising children. Private agreements can also be made.

Q: Is family law mediation mandatory before going to court?

Yes. Generally, you cannot apply for Parenting Orders without a Section 60I Certificate proving you attempted Family Dispute Resolution (mediation). Exemptions exist for family violence or urgency.

Q: How much does a family lawyer cost?

Costs vary. Uncontested matters (like Consent Orders) can often be done for fixed fees ($2,500–$4,500). Contested court matters are charged at hourly rates and can cost much more. Each party typically pays their own legal costs.

Q: Can my ex stop me from seeing my children?

Generally, no. A parent cannot unilaterally stop access unless there is an 'unacceptable risk' of harm. If no court orders exist, rights are equal. If orders exist, withholding a child without reasonable excuse is a serious contravention.

Experienced family law advice for separation, divorce, parenting disputes, and property settlements in Queensland. Learn about your rights, legal costs, JustFund financing, and how to protect your interests during a relationship breakdown.

Important Legal Disclaimer

The information provided on this page is general legal information only and is not specific legal advice tailored to your individual circumstances. Laws change regularly and every situation is unique.

We strongly advise you to contact us to discuss your specific situation before proceeding with any action based on the information provided here.

Children

What are Parenting Orders and how do they work?

Queensland parenting orders have changed. Following 2024 amendments, the ‘presumption of equal shared parental responsibility’ has been repealed. Decisions now focus solely on the child’s best interests, joint decision-making, and safety from family violence.

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How is Child Support calculated in Australia?

Child Support is calculated using a federal formula administered by Services Australia. It considers both parents’ adjusted taxable incomes, the percentage of nights the child spends with each parent, and the costs of raising children (based on age). Parents can also enter into private Child Support Agreements.

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Can my ex stop me from seeing my children in Queensland?

Generally, no. One parent cannot unilaterally stop the other from seeing their children unless there is a reasonable belief that the child is at ‘unacceptable risk’ of harm (e.g., family violence or drug abuse). If there are no court orders, neither parent has a superior right. If orders exist, withholding a child is a serious breach.

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Costs

How much does a family lawyer cost in Queensland?

Family law costs depend on the complexity of the matter and legally required steps. Uncontested matters (like applying for Consent Orders) can often be done for fixed fees ranging from $2,500 to $5,000. Contested court matters are charged at hourly rates and can cost tens of thousands of dollars, which is why we prioritise negotiation and mediation.

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Divorce

Do I have to go to court to get a divorce in Queensland?

Not necessarily. If you make a joint application with your spouse, the divorce process is largely administrative and court attendance is usually not required. However, if you make a sole application and there are children under 18, you or your lawyer must attend the hearing.

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How long do we need to be separated before we can divorce?

You must be separated for a continuous period of at least 12 months before you can apply for a divorce in Australia. It is possible to be ‘separated under one roof’ during this time, but you will need to provide additional evidence to the court.

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Process

What are Family Court Consent Orders and do I need them?

Consent Orders are legally binding court orders made by agreement between parties, without the need for a court hearing. They are highly recommended because they finalize your financial relationship (preventing future claims), make the agreement enforceable, and often provide stamp duty exemptions on property transfers.

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Is family law mediation mandatory before going to court?

Yes. Under Australian Family Law, you generally cannot file an application for Parenting Orders in court unless you have first attempted ‘Family Dispute Resolution’ (mediation) and obtained a Section 60I Certificate. Exceptions exist for cases involving family violence, child abuse, or urgency.

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Property

How is property divided in a separation in Queensland?

Property isn’t always split 50/50. Our Southport lawyers explain the Family Court’s 4-step process for asset division: identifying the pool, assessing contributions, adjusting for future needs, and ensuring just results.

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Property Settlement

How is superannuation divided in a divorce in QLD?

Under the Family Law Act, superannuation is treated as property and can be split between spouses. It can be divided by agreement (Superannuation Splitting Deed) or court order. Unlike other assets, split super must remain in a super fund until the recipient reaching their ‘preservation age’—it is not usually paid out as cash.

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Relationships

Do de facto couples have the same rights as married couples in Queensland?

Separating from a de facto partner in Queensland? Learn about your legal rights to asset division, superannuation, and parenting under the Family Law Act. Note the strict 2-year deadline for property settlement claims.

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