Skip to main content
Bell & Senior Logo
(07) 5532 8777
Book Now

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.
Read full article

Children

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.
Read full article

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.
Read full article

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.
Read full article

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…
Read full article

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…
Read full article

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…
Read full article

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.
Read full article

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.
Read full article

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.
Read full article

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.
Read full article

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…
Read full article

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…
Read full article

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.
Read full article

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.
Read full article

General Questions

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:
Read full article

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:
Read full article

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]
Read full article

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]
Read full article

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).
Read full article

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.
Read full article

What is the two‑stage characterisation test for trust assets in Queensland family law?
What is the two‑stage characterisation test for trust assets in Queensland family law? Queensland family law applies a two‑stage characterisation test when deciding whether assets held in a discretionary family trust are part of the matrimonial property pool and, if so, how they should be treated in the overall settlement. Stage 1 – Is the trust property of a party? The court first determines whether the trust assets constitute property of either spouse. To be characterised as property, the party must satisfy both of the following:
Read full article

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).
Read full article

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.
Read full article

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.
Read full article

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.
Read full article

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.
Read full article

Property Settlement Time Limits After Separation
Most people are surprised to learn that property settlement rights do not last forever after separation. In Australian Family Law, strict time limits apply, and missing them can permanently change how your property is divided. For married couples, the key date is the divorce, not the day you first slept in separate rooms. You generally have 12 months from the date the divorce order becomes final to file a property settlement application in court. De facto couples, by contrast, usually have a two‑year window from the date of separation to start proceedings, regardless of whether they have ever married.
Read full article

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.
Read full article

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.
Read full article

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.
Read full article

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
Read full article

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
Read full article

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 …
Read full article

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 contri…
Read full article

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.
Read full article

How long do I have to settle property after separation in QLD?
The time limits depend on your relationship type. 12 months from divorce for married couples, and 2 years from separation for de facto couples.
Read full article

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 …
Read full article

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.
Read full article

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.
Read full article

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.
Read full article

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…
Read full article

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…
Read full article

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.
Read full article

Can't find what you're looking for?

Contact Us
Call Us Book Time