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Family Law FAQs

Gold Coast family law answers: separation, divorce, parenting arrangements, property settlements, financial agreements and court process in Queensland.

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.

Agreements

What is the difference between Consent Orders and a Binding Financial Agreement?
Consent orders are court-approved agreements that carry the full force of a court order. Binding Financial Agreements (BFAs) are private contracts that do not require court filing.
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Child support

How is child support calculated in Australia?
Child support confuses people because it is arithmetic wrapped in emotion. Strip the wrapping and the national scheme - administered by Services Australia under Commonwealth legislation - follows one consistent idea: children should share in both parents’ capacity to pay, measured by income and time123. The basic formula, step by step Each parent’s income is taken from the most recent tax assessment, then reduced by a self-support amount (indexed annually) and further adjusted for any other dependent children. The remaining figures are added together to find the combined child support income, and each parent’s percentage share calculated. Each parent’s care percentage converts nights of care into a share of the costs. Combining the two produces who pays whom, and roughly how much. Notice what is absent: the paying parent’s new partner’s income does not enter the calculation, household budgets are not audited line by line, and fault for the separation plays no part. The formula is deliberately mechanical so that outcomes do not depend on who tells the sadder story. What it rewards instead is accuracy - current tax assessments, honest care records and prompt updates when circumstances change - because every figure in the chain compounds through the final number.
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Children

Do grandparents have visitation rights in Australia?
Grandparents do not have an automatic right to see their grandchildren in Australia - but they are far from powerless. Family law expressly recognises that children benefit from relationships with their grandparents, and a grandparent who is shut out can apply to the family courts for parenting orders giving them time or communication with the child. The path runs through the child’s best interests, not through anyone’s entitlement12. This guide walks through the landscape as most grandparent families meet it: where you stand, what courts weigh, and the sequence that resolves the overwhelming majority of these matters without a contested hearing.
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Parental Responsibility vs Time Spent With Children: What's the Difference?
One of the most misunderstood distinctions in Australian family law is the difference between parental responsibility and time spent with a child. They are decided separately, and getting less time does not automatically mean getting less say. What is parental responsibility? Parental responsibility is the legal authority to make major long-term decisions about a child, including schooling, medical treatment, religious upbringing, and overseas travel. Under the Family Law Act 1975 (Cth), this can be shared equally1 between parents, allocated to one parent for specific issues, or ordered as sole responsibility to one parent where appropriate.
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Is There a 50/50 Custody Presumption in Australia?
Many separating parents still assume Australian family law starts from an even 50/50 split of a child’s time. That assumption is no longer accurate. What changed in 2024? The federal Labor government removed the presumption of equal shared parental responsibility from the Family Law Act 1975 (Cth) in 2024.1 This presumption had previously encouraged an expectation that parenting time itself should default to an even split. Its removal also unwound related child support settings that had assumed each parent would bear their own costs under a 50/50 arrangement.
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What Is the Best Interests of the Child Test in Family Law?
The best interests of the child is the single factor an Australian court must place above every other consideration when deciding a parenting dispute. It shapes where a child lives, how time is shared, and who makes major decisions about their upbringing. What factors make up the best interests test? Under the Family Law Act 1975 (Cth), courts weigh the child’s safety first,1 alongside the benefit of a meaningful relationship with both parents where safe, the child’s own views, their developmental and emotional needs, and each parent’s actual capacity to meet those needs. No single factor is decisive on its own, and the assessment is made case by case rather than against a fixed formula.
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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 n…
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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 o…
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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 ‘unacceptabl…
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Costs

How much does a family lawyer cost in Queensland?
The average family law matter proceeding to a final hearing costs approximately $30,000 per party. However, most families resolve their disputes for a fraction of that at mediation.
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Court

Where do I file family law documents on the Gold Coast?
The Federal Circuit and Family Court of Australia is not at Southport. Gold Coast residents must file and attend family law matters at the Brisbane Registry.
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Can I represent myself in family court in Queensland?
You are not legally required to have a lawyer in the Federal Circuit and Family Court. Many people proceed without one, particularly in straightforward consent order applications.
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De Facto Relationships

What is a de facto relationship in Queensland and when does it trigger property rights?
De facto relationships carry the same property settlement, superannuation splitting and spousal maintenance rights as marriage once a couple has been together for around two years. Here is how Australian law defines a de facto relationship and what time limits apply once it ends.
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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…
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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 on…
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Domestic Violence

What is dowry abuse and how is it treated under Queensland family and domestic violence law?
What is dowry abuse and how is it treated under Queensland family and domestic violence law? Definition of dowry abuse Dowry abuse refers to demands for money, property, gifts, or other financial benefits made by a partner or their family (typically the groom’s side) in connection with a marriage, often under threat of withdrawing affection, ending the relationship, or subjecting the victim to mistreatment if the demands are not met. While the practice originates in certain cultural traditions, in the context of family and domestic violence it is recognised as a form of economic abuse (also called financial abuse) because it seeks to control the victim’s financial autonomy and create dependence.
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Financial agreements

Are binding financial agreements really enforceable?
Yes, binding financial agreements really bind. Properly constructed agreements under Part VIIIAB and Part VIIIA of the Family Law Act 19751 (Cth) oust the court’s ordinary discretion to redistribute property, which is precisely why people pay for them. But the word binding carries conditions, and courts keep a well-used toolkit for dismantling agreements built carelessly or signed under pressure2. What binding actually means A compliant financial agreement determines property division and maintenance between the parties without any judicial assessment of fairness. That distinguishes it from every other family law outcome: no judge asks whether the split is just and equitable. The bargain stands because both adults, properly advised, made it.
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Financial Agreements

What is a Binding Financial Agreement and When Should I Get One?
A Binding Financial Agreement (BFA) — sometimes called a ‘prenup’ — is a legal agreement that sets out how assets will be divided if a relationship ends. To be binding, both sides must receive independent legal advice and provide full financial disclosure. Courts will only set one aside for fraud, duress, unconscionable conduct, or a major change in circumstances.
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General Questions

Can Superannuation Be Split Before Divorce in Australia?
You do not need to be divorced to split superannuation, and waiting for a divorce can waste the window that already exists. Super can be dealt with as part of property orders made before any divorce application. This page explains the two pathways for splitting, the role of the trustee, when flagging helps and the drafting points that cause the most rejections. The two pathways Married couples can obtain property and superannuation orders before divorce. Divorce is not a precondition. The time limit is 12 months after a divorce order takes effect (s 44(3)). De facto couples have 2 years from separation (s 44(5)). Those limits apply to consent orders as well as contested orders.
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How Does Family Violence Affect Property Settlement After the 2025 Changes?
Family violence can affect a property settlement where it harmed a party’s ability to contribute or their future needs, and since June 2025 that consideration is expressly in the legislation. There is no automatic uplift, so the effect must be proved. This page explains the Kennon background and the codified position for proceedings instituted on or after 10 June 2025, including what s 79(4)(ca) and s 79(5)(a) require. Kennon and the 2025 codification In Kennon & Kennon (1997), the Full Court held that family violence can be relevant to property settlement where it had a significant adverse effect on a party’s contributions or made those contributions significantly more arduous. The principle was applied carefully and required evidence of that effect, not general assertions.
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When Does the Property Settlement Time Limit Start for Married and De Facto Couples?
The property settlement clock starts on a different date depending on whether you were married or in a de facto relationship. Married couples have 12 months from the date their divorce order takes effect. De facto couples have 2 years from the date the relationship ended. Missing the deadline does not end your rights automatically, but it means persuading the court to give you leave, which is a hurdle you want to avoid.
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How Do I Transfer Property Title Between Spouses in Queensland?
How Do I Transfer Property Title Between Spouses in Queensland? Transferring property title between spouses is a common legal procedure that arises during relationship breakdowns, estate planning, or asset restructuring. In Queensland, this process involves specific legal requirements, potential stamp duty concessions, and important financial and procedural considerations. Understanding these elements is essential to ensure the transfer is valid, cost-effective, and legally sound. When is a title transfer between spouses necessary? Title transfers between spouses may be required in various circumstances, including:
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How is economic abuse considered in family law property settlements in Queensland?
How is economic abuse considered in family law property settlements in Queensland? What is economic abuse? Economic abuse (also called financial abuse) is behaviour that controls, restricts or exploits a person’s access to money, income, assets or financial resources. Under the Domestic and Family Violence Protection Act 2012 (Qld), economic abuse is defined in section 12 as conduct that: denies a person the economic or financial autonomy they would have had but for the behaviour; or withholds or threatens to withhold financial support necessary for meeting reasonable living expenses when the person is dependent on the abuser for that support.^[1] Typical examples include:
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How does preventing someone from maintaining connections with their family constitute family violence in Queensland?
How does preventing someone from maintaining connections with their family constitute family violence in Queensland? Legal definition in Queensland The Domestic and Family Violence Protection Act 2012 (Qld) defines domestic violence to include emotional or psychological abuse. Section 11 of the Act expressly provides that emotional or psychological abuse is behaviour (or a pattern of behaviour) that: “… prevents a person from making or keeping connections with the person’s family, friends or culture, including cultural or spiritual ceremonies or practices, or preventing the person from expressing the person’s cultural identity.”^[1]
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What does 'unlawfully depriving a person of their liberty' mean in the context of family violence in Queensland?
What does “unlawfully depriving a person of their liberty” mean in the context of family violence in Queensland? Legal definition in Queensland Under the Domestic and Family Violence Protection Act 2012 (Qld), domestic violence includes a range of behaviours when they occur between people in a “relevant relationship” (spouse, intimate partner, family member, informal care relationship, etc.). Section 8 of the Act expressly lists (d) depriving a person of the person’s liberty or threatening to do so as a form of domestic violence.^[1]
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Kennon v Kennon [1997] FamCA 27 – Family Violence and Contributions in Property Settlements
Kennon v Kennon [1997] FamCA 27 – Family Violence and Contributions in Property Settlements Citation: Kennon v Kennon [1997] FamCA 27 (Full Court of the Family Court of Australia). What the case decided The Full Court held that a pattern of violent conduct that has a discernible, adverse impact on a party’s contributions to the marriage or de facto relationship can justify an adjustment in the division of property. The court clarified that such conduct is not merely background context but a relevant factor when assessing the parties’ contributions under s 79(4) of the Family Law Act 1975 (Cth).
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How Are Family Trust Assets Treated in Property Settlement?
Trust assets are not automatically in or out of the property pool, and the answer turns on control. Where a party effectively controls the trust, the assets may be treated as property of that party. Where control is not made out, the interest may still be relevant as a financial resource. This page expands the existing two stage test to explain when a trust is treated as property, what the control test looks at, what disclosure is needed and when a third party trustee should be joined.
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If the family home is only in my spouse’s name, do I still have a claim to it in a property settlement?
If the family home is only in my spouse’s name, do I still have a claim to it in a property settlement? In Queensland family law, legal title (whose name appears on the land title) is not decisive for determining who receives an interest in the family home after separation. The court looks at beneficial ownership – the true economic interest – which can arise from financial and non‑financial contributions, resulting or constructive trusts, and the parties’ intentions. Consequently, a spouse who is not the registered owner can still obtain a share of the home, a right to reside, or a lump‑sum payment as part of a just‑and‑equitable property settlement.
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How does power of appointment affect whether a trust is treated as property in a family law settlement?
How does power of appointment affect whether a trust is treated as property in a family law settlement? In Queensland family law, the treatment of discretionary family trusts in a property settlement follows a two‑stage characterisation test: Stage 1 – Is the trust property of a party? The court asks whether the party has effective control of the trust and the capacity to benefit from it. Effective control is often demonstrated by holding the power of appointment – the right to remove or appoint trustees, or to direct the distribution of trust income or capital. Capacity to benefit means the party can actually obtain a benefit from the trust (e.g., by directing distributions to themselves). If both elements are satisfied, the trust assets are characterised as property of that party and fall into the matrimonial property pool available for division. If either element is missing, the trust is treated merely as a financial resource (relevant only to future needs, not divisible as property).
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What Counts as Separation in Family Law?
Separation is the trigger for many of the time limits and processes discussed in this FAQ series. Before you can talk about property pools, add‑backs or inheritances, you need to know when the relationship legally ended. In Australian family law, separation is more about intention and communication than moving out of the house. For married couples, you generally need to be separated for at least 12 months before applying for divorce. For de facto couples, the date of separation starts the two‑year period in which property settlement applications should normally be brought.
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How Does the Family Law Property Settlement Process Work?
When a relationship ends, Australian family law uses a structured approach to dividing property. Whether you are married or in a de facto relationship, the court follows a similar framework, often described as a four‑step process. Understanding this structure helps you see how different issues like inheritances, add‑backs and future needs fit together. This FAQ sits alongside others in this series that focus on time limits, property pools and add‑backs, inheritances, executors and boundary issues, and ties them back to the overall decision‑making process.
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Can My Separated but Undivorced Spouse Claim on My Inheritance?
Many parents worry that money they leave to a child might end up in the hands of an estranged son‑ or daughter‑in‑law. Australian Family Law allows separated spouses to claim against property, including inheritances, while they remain legally married. That is why timing and legal status matter when planning to pass assets down the family line. When a court looks at a property settlement, it starts by identifying the property pool. This pool generally includes all assets and liabilities of both parties at the time of settlement or trial, not just what existed at separation. Inheritances received during the marriage, including after separation but before divorce, can therefore form part of that pool.
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What Is a Property Pool and How Do Add-Backs Work?
When a relationship ends, the first step in any property settlement is identifying the property pool. This pool is the net worth of both parties combined and forms the starting point for working out who receives what. The property pool covers more than just the family home. It usually includes all real estate in either name, bank accounts, term deposits, superannuation balances, investments, businesses, vehicles, personal loans and credit card debts. Trusts and interests in companies may also fall into the pool where the relevant party satisfies the control-and-benefit test outlined above. The court then subtracts liabilities from assets to determine the net figure.
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What Are the Property Settlement Time Limits After Separation in Queensland?
The time limits for property settlement after separation are short, and they apply to more than just a contested hearing. Knowing what they cover and how leave out of time works helps you plan before the clock runs out. This page expands the existing overview to explain what the limits catch, how the court approaches leave, and the practical steps that protect your position. For detail on when each clock starts, see the companion page on the start date.
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Parenting Agreements vs Consent Orders - What's the Difference?
If an ex-partner stops paying school fees agreed upon in mediation, you cannot enforce it until it becomes a Consent Order. Learn the critical difference between the two.
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Maintenance

Spousal maintenance in Queensland explained
Spousal maintenance is family law’s least understood remedy. People confuse it with child support, assume it happens automatically, or dismiss it as a relic. In reality it remains a live part of Queensland separations: a legally enforceable claim requiring one former partner to help financially support the other, governed by the Family Law Act 19751 (Cth) alongside the rest of Australia’s family law system2. The two-limb test Every maintenance question turns on two questions asked together.
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Mediation

Is mediation compulsory before family court in Queensland?
For parenting disputes in Queensland, yes. Section 60I of the Family Law Act requires a genuine attempt at mediation before you can file in court, unless a specific exemption applies.
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What is a section 60I certificate and how do I get one?
A section 60I certificate is a legal requirement before you can file a parenting application in family court. It certifies that you have attempted, or were exempt from, family dispute resolution.
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Parenting

Can a Parent Relocate With a Child After Separation?
Can a parent relocate with a child after separation? A parent may be able to relocate, but a move that materially affects a child’s relationship with the other parent can require agreement or a court decision. There is no automatic right to relocate with a child, and no automatic answer in a dispute. For parenting orders, the child’s best interests are the paramount consideration. The court considers the matters in s 60CC of the Family Law Act 1975 (Cth), applied to the particular child and family.1
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How Can Parenting Arrangements Be Changed?
How can parenting arrangements be changed? The answer depends on whether you have an informal arrangement, a parenting plan or parenting orders. When both parents agree, change can often be documented comparatively efficiently. Where there is disagreement, do not make unilateral changes without understanding the consequences. What is a parenting plan? A parenting plan is a written agreement between parents that is made free from threats, duress or coercion, and signed and dated by the parties. It may be varied or revoked by a later written agreement.1
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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 …
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Property

Who keeps the pets after separation?
Pets sit awkwardly in family law: emotionally they are family members, legally they have long been classified as property. Recent Australian reforms narrowed that gap, giving companion animals specific treatment and directing courts to focus on the animal’s care and welfare rather than adjudicating a dog like a couch. The practical upshot for separating couples: the person who did the daily work has never had a stronger position123. The reform direction reflects common sense finally catching up: an animal is not a television, and separating households know it. Decision-makers now have explicit licence to think about wagging tails when deciding who keeps them, which changes both the questions asked and the evidence that wins.
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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 contri…
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Property settlement

De facto separation: the two-year time limit for property claims
Separating couples who lived together unmarried often assume family law does not really apply to them. It does, including one rule that bites harder than any other: under section 44 of the Family Law Act 19751 (Cth), a de facto partner generally has just two years from the end of the relationship to start court proceedings for property settlement or spousal maintenance. Miss it and your claim may be gone2.
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Property Settlement

Can a Trust Protect an Inheritance From Your Child’s De Facto Partner?
Can a trust protect an inheritance from your child’s de facto partner? A testamentary trust or discretionary trust may assist with succession planning and asset control, but it does not automatically keep an inheritance outside a de facto property settlement. The structure, the trust deed, who controls the trustee and appointor powers, how the trust is administered and the family’s actual conduct can all matter. This issue commonly arises where parents want to leave a home, investments, business interests or family wealth to an only child, but are concerned that the child’s de facto partner could obtain a benefit if the relationship later breaks down. The answer is rarely achieved by simply making the child the sole appointor, sole controller and sole beneficiary. In some cases, concentrating every important control in the child can make the trust more exposed, not less.
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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 …
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What assets are included in a property settlement in Queensland?
The property pool includes all assets, liabilities, and financial resources of both parties, regardless of whose name they are in or when they were acquired.
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What counts as a contribution to the family law property pool in Queensland?
The family law property pool includes every asset and debt owned by either party, valued at the date of trial or settlement rather than separation. Contributions fall into three categories — financial, non-financial, and homemaker/parenting — each weighed by the court when deciding a fair division.
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Do I have to go to court for a property settlement on the Gold Coast?
No. The majority of Gold Coast property settlements are resolved without a contested court hearing through negotiation, mediation, or collaborative law.
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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. No…
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Resources

Who to contact for Family Law help in Queensland?
A directory of the most important contacts for Family Law matters in Queensland, including Bell & Senior Lawyers, Services Australia (Child Support), and the…
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Separation

Should I move out of the matrimonial home after separation?
Moving out does not hand your share of the home to your former partner, and it does not disqualify you from a fair property settlement - those rights survive the Ute leaving the driveway. But leaving without a plan can weaken your day-to-day position with the children, the finances and the narrative, so the smart move is usually to prepare first and move second12. What moving out does and does not change It does not change:
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Superannuation

How is superannuation split in a property settlement in Queensland?
Superannuation is treated as property under the Family Law Act. It is not paid out in cash; instead, some of your super balance is ‘split’ into an account for your former partner.
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