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.

What are Consent Orders and do I need them?

Consent Orders are legally binding court orders made by agreement without a hearing. They are highly recommended because they finalize your financial relationship (preventing future claims) and usually provide stamp duty exemptions on transfers.

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: 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.

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.

Family Law FAQs

Important Legal Disclaimer

Agreements

What is the difference between Consent Orders and a Binding Financial Agreement?

Children

What are Parenting Orders and how do they work?

How is Child Support calculated in Australia?

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

Costs

How much does a family lawyer cost in Queensland?

Court

Where do I file family law documents on the Gold Coast?

Can I represent myself in family court in Queensland?

Divorce

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

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

Financial Agreements

What is a Binding Financial Agreement and When Should I Get One?

General Questions

Parenting Agreements vs Consent Orders - What's the Difference?

Mediation

Is mediation compulsory before family court in Queensland?

What is a section 60I certificate and how do I get one?

Process

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

Property

How is property divided in a separation in Queensland?

Property Settlement

How long do I have to settle property after separation in QLD?

How is superannuation divided in a divorce in QLD?

What assets are included in a property settlement in Queensland?

Do I have to go to court for a property settlement on the Gold Coast?

Relationships

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

Resources

Who to contact for Family Law help in Queensland?

Superannuation

How is superannuation split in a property settlement in Queensland?