Family Law – Andrews Family Law

7 Best Family Lawyers in Brisbane with Good Records

Peter Andrews — Thu, 18 Jul 2024 03:31:44 +0000

Family law is a competitive field. Based on critical criteria, we are reviewing the 7 best Brisbane family lawyers.

Important: Before you read on, please understand that we don’t regard any law firm as the best or number 1 in Brisbane. We have created this article to make the selection process easier for you when finding the right family or divorce lawyer.

If you’re looking for an accredited family law specialist, we’ll help you find the best Brisbane family law firm.

Summary Review of the Best Family Lawyers in Brisbane

Andrews Family Lawyers – Overall Best.

We are biased because we genuinely believe in delivering results-driven services to you. We will help you understand whether you even need a family lawyer.

2. Michael Lynch Family Lawyers

3. Emerson Family Law

4. Barton Family Lawyers

5. Kate Austin Family Law

6. Cudmore Legal

7. Grace Family and Collaborative Law

1. Andrews Family Lawyers

(Results Driven)

Andrews Family Lawyers has been practising in North Brisbane since 2013. Peter Andrews is dedicated to providing honest, practical advice. They specialise in property settlements, parenting arrangements, dispute resolution, consent orders, and divorce. Their firm delivers practical solutions quickly and with minimal cost. Andrews Family Lawyers has an outstanding record in achieving positive outcomes.

With over 20 years’ of family law experience, you can trust them to represent you effectively. Still not sure? Call for a free initial consultation first. They’re perfect for clients wanting straightforward, expert advice on complex family matters.

They are committed to empowering clients and affordable legal services. This is what makes them among the best family lawyers in Brisbane. Over a thousand happy clients can’t be wrong.

Best Points

Family Law Expertise. With over 20 years of experience, they have a deep understanding of all family law matters.
Honest, Practical Advice. They prioritise clear, straightforward advice. They offer practical solutions for all of their clients.
Free Initial Consultation. A free initial phone consultation gives you a risk-free access to an accredited family law specialist.
Specialisation in Property and Parenting. They excel in property settlements and child-focused parenting arrangements. They ensure cooperative outcomes.
Efficient and Cost-Effective. Their approach is aimed at delivering solutions promptly at little expense to clients.

Best for

Those seeking clear, actionable guidance on family law matters. Do you want practical outcomes? Andrew Family Lawyers are for you.

Key services

Property and financial settlements.
Divorce applications.
Child custody and binding financial agreements.
Family Court representation

What their clients say

Clients are consistent in their praise. Andrews Family Lawyers operates with the utmost professionalism and provide clear communication. Clients are impressed at their ability to navigate complex legal matters easily.

They ensure clients are well-informed at all times. The team’s dedicated to clear, concise advice, which is appreciated by everyone they work with. They enable clients to navigate challenging family law situations. A client-centred approach makes Andrews Family Lawyers stand out in a competitive field.

Here’s what their clients are saying:

Your open and honest demeanour helped my ex-partner and I to expediently resolve our financial situation so we can move forward with our lives.

– Chris Monteiro

Peter was professional, straightforward, insightful and best of all had a realistic plan to achieve an outcome.

– David Edwards

2. Michael Lynch Family Lawyers

Michael Lynch Family Lawyers is a leading Brisbane family law firm. Their specialisation extends across decades. Their innovative solutions, like “bird-nesting” in parenting arrangements, have made them a renowned team. The firm is no stranger to complex cases. Issues like false abuse allegations in parenting matters are agonising. But, with their guidance, clients have pulled through these situations.

Their clients’ needs are always at the forefront of their approach. You can expect clear, practical advice on any matter related to family law. They are an excellent choice in Brisbane if you’re looking for expert and compassionate advice. They focus on preserving family relationships and child well-being through effective mediation. They are committed to tailored, empathetic guidance. They are truly one of Brisbane’s best family law firms.

Best points

Innovative Solutions. They offer unique arrangements like “bird-nesting” for children after separation. This keeps disruptions to a minimum.
Handling Complex Cases. They have extensive experience with sensitive cases such as false sexual abuse allegations.
Wide Range of Services.
They provide comprehensive family law services. This includes specialised areas like farming, rural, and regional family law.

Best for

Individuals needing compassionate, specialised advice for family transitions. They are particularly adept at handling cases involving children’s living arrangements.

Key services

Parenting arrangements.
Property settlement.
Handling false abuse allegations in family disputes.

What their clients say

Their clients all rave about their expertise and empathetic approach. They ensure clients feel heard and supported at all times.

Here’s what their clients are saying:

Susan Miranda was calm, practical, and thorough. She was also incredibly diligent. I always knew where my case was at, and that I could reach her in an emergency. It was a complex and stressful matter with lots of moving (international) parts. Susan was well across it all and knew the right people to bring in too.

– Jo B

3. Emerson Family Law

Emerson Family Law is a boutique law firm in Brisbane. Few firms can match their expertise in complex family law cases. They offer services in divorce, child custody, and property settlements. They are compassionate and empathetic. Every client leaves their office feeling understood and supported.

They are discreet, diligent, and personalised in their services delivery. Their team aims for optimal outcomes in every case. Over 95% of their high-stakes cases are settled without court involvement. This is a very impressive record that shows their commitment to client empowerment. All of this is available with transparent fees.

They also collaborate with a broad professional network. It’s little wonder we consider them one of Brisbane’s best family law firms.

Best points

Specialisation in Complex Cases. Few can handle intricate cases as well as Emerson Family Law. This is especially true for cases involving complicated marital pools. Every client received a tailored solution.
High Settlement Rate without Court. Over 95% of their high-stake family cases are settled out of court. This demonstrates their effective negotiation and mediation skills.
Collaboration with a Professional Network. Their partnership with professionals across different fields is a major asset. These collaborations provide a holistic support system.

Best for

Clients looking for an empathetic and strategic family lawyer. They are ideal for parties involved in complex asset divisions or international family law matters.

Key services

Divorce and separation guidance.
Collaborative law and mediation.
Complex property settlements.

What their clients say

Their communication skills are second to none. Clients never cease to be amazed by the team’s ability to demystify intricate legal scenarios. Clients are always clear on their options. This clarity is crucial to clients facing cross-border legal challenges.

Here’s what their clients are saying:

The consultation was extremely honest, helpful, informative and professional. Right after the consultation Gavin sent me email straight away with the detailed answers to all my questions.

– Christine Ying Ding

Important: 3 Reasons Why You Should Hire a Family Lawyer

4. Barton Family Lawyers

Barton Family Lawyers practises in all areas of family law. Are you dealing with separation, divorce, asset division, child custody or other matter? Barton Family Lawyers can help. They achieve fair outcomes in children’s best interests. Clients appreciate their strategic and solution-focused approach. No two cases are handled the same way. Their team tailors every service to individual cases.

The firm comes with over 50 years of combined experience. You can be sure of their expert advice and efficient service. Every case is handled with a view to minimising delays and reducing costs. All of their clients are treated with clear communication and transparent fixed-fees. They are one of the most trusted legal voices in their community. While complex cases prove challenging to some firms, Barton Family Lawyers is always up for the task.

Cases involving issues like narcissistic abuse are notoriously tricky. However, their team ensures clients remain empowered and informed.

Best Points

Fixed-Fee Structure. They offer fixed fee services tailored to specific needs. This provides better cost control.
Collaborative Team Approach. Their team collaborates on each case to deliver the best possible outcomes. Every client benefits from the team’s many decades of experience.
Client-Centric Service. They prioritise clear communication, fee transparency, and indepth advice. Their approach is determined by the individual needs of each client.

Best for

Anyone facing challenging family disputes. When you need representation that focuses on children’s safety and well-being, choose Barton Family Lawyers.

Key services

Child custody and support negotiations.
Divorce and separation guidance.
Domestic violence and protection orders.

What their clients say

All clients are reassured by the dedicated support they receive. Clients feel genuinely cared for. Everyone agrees on the team’s tireless advocacy for their interests.

Here’s what their clients are saying:

Courtney Certainly knows her job & nothing was ever a problem anytime I called about an issue, uncertainty or concerns for Courtney, George and Tenayah.

– Tami Pace

5. Kate Austin Family Law

There are many reasons why hundreds of clients choose Kate Austin Family Law. Here’s just a taste. Their firm offers fixed fees across all of their services. You’ll never have any confusion about what the process will cost. Even in complex cases, the Kate Austin team handles the process in a hassle-free way. This reduces their clients’ stress and allows them to focus on getting on with their lives.

Many people wonder how Kate Austin Family Law is able to provide effective service with such low fees. There’s a simple reason. Their approach is centred entirely around mediation and cooperation. Their services are meant only for those who are looking for out-of-court solutions. This innovative approach encourages clients to find common ground.

Best Points

Low fees. Many firms claim to have low fees. Kate Austin actually delivers. The best part is the firm doesn’t sacrifice service quality.
Out-of-court focus. Few firms have such an intense focus on finding agreement-based solutions.
Efficient Service. They have streamlined their services to remove all the hassle often faced by clients.

Best for

Kate Austin’s services are designed solely for clients who are prepared to find agreement without court intervention.

Key services

Property Settlement Consent Orders.
Parenting Consent Orders.
Combined Property and Parenting Consent Orders.
Superannuation Splitting Orders.
Divorce Applications (for clients).

What their clients say

Clients are always impressed by Kate Austin’s efficient and low-cost service. They appreciate the team’s ability to resolve family law issues quickly.

Here’s what their clients are saying:

Brendan and Rachel at Kate Austin Family Law provided us with an extremely efficient and cost effective solution to what could have been a costly and drawn out process. Would recommend without hesitation.

– Carol McGarrigle

6. Cudmore Legal

Over the years, Cudmore Legal’s family law team has grown to become one of the largest in Brisbane. That’s for good reason. They have developed a streamlined process for their services which saves their clients considerable frustration often felt in family law issues.

Cudmore Legal’s core values encompass a number of principles. They pride themselves on a mediation-first approach which is designed to maximise positive outcomes at minimal cost. However, they are always prepared to represent clients in litigation if necessary. As the firm says: “Focus on settlement, prepare for litigation”. Their transparent fee structure offers great flexibility so clients don’t have to fret about legal costs while focused on their case.

Best Points

Flexible payment options. Few family law solicitors are prepared to offer the breadth of payment options that Cudmore Legal offers.
Extensive team. Cudmore Legal can bring considerable resources to bear on behalf of a client. Their team represents specialised expertise in all areas of practice.
Complete service delivery. Cudmore Legal provides services across all aspects of family law. Their firm can resolve any matter a client is dealing with.

Best for

Clients needing comprehensive support from an experienced team, with access to flexible payment options.

Key services

Financial Separation (Property Settlement).
Parenting Arrangements and Child Custody.
Mediation Representation.
Binding Financial Agreements.
Divorce Applications.
Court Representation.
Consent Orders.
Domestic Violence Orders.
Prenuptial Agreements.

What their clients say

Cudmore Legal’s clients consistently praise their professionalism and open communication. The team is always available and operates efficiently.

Here’s what their clients are saying:

Cudmore legal provided me with an efficient and cost effective service for personal will and estate needs. The process was easy with great communication between client and the legal team. Thanks very much for a great experience.

– V Skehan

7. Grace Family and Collaborative Law

Grace Family and Collaborative Law approach family law matters in a unique way. They want to change the narrative around family law to create a more positive and future-oriented mindset. For example, they view the word “divorce” as another way of saying “new beginnings”.

While their main office is in Brisbane, they can provide legal advice and support to anyone in Australia to help begin legal proceedings. They have a strongly collaborative approach that focuses on finding amicable solutions. With excellent communication and constructive mediation, their firm has helped countless clients reclaim their lives.

Best Points

Collaborative approach. Instead of pointing fingers and assigning blame, Grace Family and Collaborative Law keeps everyone focused on coming to a mutual agreement.
Innovative mindset. The firm has a fresh take on family law. They encourage their clients to see the legal process as the start of a new chapter in life.
Wide availability. They are a Brisbane-based firm, but can provide meaningful advice and support to anyone in Australia.

Best for

Clients who are looking to minimise conflict and take a collaborative approach to handling their legal matter.

Key services

Collaborative Law.
Mediation.
Divorce.
Separation.
Property Settlement.
Children’s Issues including Child Support.
Spousal Maintenance.
Binding Financial Agreements (Pre-nuptial Agreements).
Domestic Violence.

What their clients say

Clients unanimously attest to the firm’s caring and empathetic approach. Everything they do is directed towards finding positive solutions.

Here’s what their clients are saying:

Patient, Caring, Guiding, Supportive and Professional, are just some words to describe the service I received from Tarryn and Sumen.

– Margaret

What makes an effective family law firm?

High-quality family law firms excel in certain key areas, including the following.

Expertise and specialisation
Accredited family law specialists undergo additional training and certification. This continuous education shows a commitment to staying at the cutting edge of the field.
Experience
Long-standing family law firms deal with a wide range of cases. These will include complex and high-conflict situations. This depth of experience provides clients with the best solutions no matter what their case involves.
Client-centred approach
Family law matters are often sensitive and emotional. A great firm doesn’t just provide legal expertise. The best lawyers know how to provide emotional support, and understanding. Their strategy depends on the needs of each client.
Communication
Clear and timely communication is crucial. Clients should understand their options. If their unsure of how any legal processes work, or are confused by terminology, your lawyer should make sure you know exactly what is happening.
Negotiation and mediation skills
Ideally, family law matters are resolved outside of court. This requires good negotiation and mediation skills. Successful mediation leads to more amicable settlements. This goes a long way to preserving relationships. This is especially important for co-parents.
Litigation skills
Strong advocacy and litigation skills are essential in court. A firm with a successful track record is a significant asset. A well-prepared firm makes the process as smooth as possible.
Ethical practice
A law firm’s reputation is everything. They must adhere to ethical standards and maintain confidentiality. A firm must always avoid conflicts of interest.
Accessibility
Some clients are happy to let their lawyer handle situations. Others prefer to be updated regularly. Lawyers should understand what their clients need in terms of availability. Flexible meeting times and open communication channels are critical.
Cost transparency
A great family law firm is upfront about its fee structures and provides transparent billing practices. Clients should have a clear idea of what their case is likely to cost.
Community reputation
A firm’s reputation among its peers and past clients reflects its professionalism. It also shows the quality of its services.
Resources and support
Top law firms have a network of professionals such as psychologists, social workers, and financial advisors. Clients can receive comprehensive support that extends beyond legal assistance.
Innovative practices
Utilising the latest technology for case management and alternative dispute resolution methods can improve client efficiency and outcomes.

Conclusion

In summary, these are the top 4 family law firms in Brisbane in no particular order:

Andrews Family Lawyers
Michael Lynch Family Lawyers
Emerson Family Law
Barton Family Lawyers
Kate Austin Family Law
Cudmore Legal
Grace Family and Collaborative Law

If you need assistance with family law matters, Andrews Family Lawyers can help.

Child custody arrangements, do you understand the differences?

Peter Andrews — Sat, 13 Jul 2024 10:10:13 +0000

When you’re dealing with child custody arrangements of your child, it’s crucial to get the process correct. Decisions around parenting arrangements have long term effects on children and co-parents. There are different options available. We want to use this article to ensure you understand the best plan for you and your family.

Documenting parenting arrangements

Decisions around parenting can be documented formally or informally.

Informal arrangements

If parents are on good terms, they can draft a parenting plan to document their agreement. While this option can work for some, it has risks. Since parenting plans aren’t legally enforceable, it’s difficult for a parent to hold their former spouse accountable if they breach the agreement.

Court order

The other option is to apply to the Court for a court order. If the parents have an existing parenting plan, this can be formalised through a consent order. This is generally recommended for the benefit of the child.

If parents can’t agree on an arrangement, they’re required to attend family dispute resolution to mediate their differences. If dispute resolution doesn’t produce a suitable outcome, the Court can grant parenting orders that meet the best interests of the child.

Types of Child Custody Arrangements in Australia

There are many ways to arrange child custody in Australia. There are two primary custody areas: physical custody and legal custody.

Legal custody

Legal custody refers to a parent’s right to make decisions affecting the child’s life. In the Family Law Act, this is referred to as parental responsibility.

Parental responsibility

The Family Law Act defines parental responsibility as all of the duties, powers and authority that parents have in relation to their child. The Family Court previously assumed equal shared parental responsibility to be in the child’s best interests. This meant that both parents had an equal say in major long-term decisions such as their child’s education, healthcare and living arrangements. However, it no longer starts from this position. Regardless, we recommend co-parents find a way to both maintain a meaningful relationship in their child’s life.

Physical custody

Physical custody refers to the child’s living arrangements. Parents can choose for the child to live primarily in one residence, or share physical custody.

Joint custody

Parents can decide that the child will split their time between two residences. This can work, but there are many factors you should consider before choosing this option.

Proximity. If you don’t live in close proximity to the other parent, it can make splitting living arrangements difficult and stressful for children.

Parental capacity. Are both parents able to accommodate caring for their child on a regular basis? For example, if one parent travels a lot for work, these arrangements may not be appropriate.

Specific needs. If a child has specific medical requirements or other needs, traveling between residences regularly may be inappropriate.

Full custody

Often, full custody will be granted to one parent. This can be the best arrangement for various reasons.

Preference. One parent may not be inclined to have the responsibility of having their child live with them.

Availability. If a parent cannot be present to take on parental duties, then the other parent having full custody would be best.

Historical roles. One parent may have performed the role of primary caregiver during the relationship. Maintaining this continuity with full custody may be best for the child.

Family violence

One major determining factor in full custody arrangements is the existence of physical or psychological harm. The likelihood of a child experiencing or being exposed to child abuse is a primary consideration when deciding on parental responsibilities in the Family Law Act.

Conclusion

Many divorces involve a child under the age of 18. In these circumstances, the child’s parents must consider how to organise their parenting responsibilities. You can document the arrangement informally or through court orders depending on the situation. Custody arrangements cover the decision-making responsibilities of each parent, as well as where the child will live. Living arrangements can be shared by the parents, or be given solely to one parent.

If you’re organising child custody arrangements for your child, it’s important to seek legal advice. Contact our office for a free consultation.

3 Ways to Resolve Financial Settlements During Divorce (What’s the Best Method for You?)

Peter Andrews — Sat, 06 Jul 2024 19:00:40 +0000

Separation or divorce can be a confusing and scary time in people’s lives. Especially when you have important financial settlements to resolve. You can experience emotions from anger, frustration, and anxiety to even euphoria when you’re finally closing a chapter. Imagine having to resolve a financial settlement while dealing with such complex emotions. Making the process as easy as possible means selecting the right settlement method.

The right approach depends on various factors. How complex is your financial situation? Do you have an amicable relationship with your former partner? What are your preferences?

We’ll explore how to handle a property settlement. We will discuss the advantages and disadvantages of each method to help you make an informed decision. You can then determine the right approach. This will protect your finances during divorce or separation.

Key takeaways

The three best ways to resolve a property settlement are mediation, negotiation and litigation.
Mediation involves a suitable third party facilitating a discussion between separated partners over how they will divide their property.
In negotiation, parties can discuss financial arrangements directly with legal representation.
As a last resort, parties can ask the Court to make a determination over property matters.
Binding financial agreements and consent orders are two ways separating partners can use to divide their property.
Consent orders are property settlements organised by the Family Court through a four-step process.
Binding financial agreements allow parties to form a legally enforceable agreement without the Court.
There are various factors to consider when deciding how to divide your property. These include the potential for compromise, your asset pool’s complexity and how any children will be affected.

The 3 Best Ways for Resolving a Property Settlement in Family Law

If you want to divide your financial resources after a divorce or separation, here are the three most common options.

Mediation

A voluntary process wherein a neutral third party (the mediator) assists separating couples in reaching mutually acceptable agreements on issues such as property division and spousal support.

Negotiation

This is an informal process where the parties, often with the support of independent legal advice, communicate directly to address their disputes and work towards a mutually beneficial settlement.

Litigation

Parties don’t always agree on a property division. In litigation, the Family Court makes a final decision on disputes. This is typically a last resort when other resolution methods have failed or are unsuitable. Understanding the critical aspects of mediation, negotiation, and litigation will enable you to make a well-informed choice when determining the most appropriate action for resolving property settlements.

As we go through these choices, we must remember that each family’s circumstances are unique. No single solution fits everyone. What may be effective for one family may not be appropriate for another. Seek advice from experienced professionals.

What is a financial settlement?

Before we delve into the three primary methods to divide property, let’s define what a financial settlement is. Whether you’re married or in a de facto relationship, your finances will get mingled with your partner as you make a life together. In the event of a relationship breakdown, you’ll need to make financial arrangements to separate your property.

A property settlement provides a legally enforceable way to divide an asset pool. This can be achieved through a financial agreement or the Court’s intervention. Property settlements take different forms.

Consent orders

When you apply for consent orders, you’re appealing to the Court to sign off on a settlement you’ve agreed to with your ex-partner. The Court applies a four-step process set down in the Family Law Act.

Step one

The Court will account for all the assets and liabilities under consideration and determine the proper value of the entire marital pool.

Step two

In the second step, the Court assesses the relative contributions of each party. Direct and indirect financial contributions are considered, but so are non-financial contributions. The Court will value factors like home maintenance and child-rearing.

Step three

After accounting for each party’s various contributions, the Court will consider each party’s future needs. This step recognises that many married couples have an imbalanced access to financial resources.

Step four

At this stage, the Court determines whether the division is just and equitable. If the Court doesn’t believe the settlement satisfies this requirement, it may make adjustments to the agreement or reject the application.

Binding financial agreement

Binding financial agreements (BFA) don’t include the Court. A BFA is a private agreement between parties. BFAs can be more flexible than a consent order as you can enter into them at any point. Consent orders can only be sought once a couple has separated. You can draft a BFA before a relationship begins, during the relationship or after separation.

BFAs also don’t need to cover an entire marital asset pool. You can seek a financial agreement to preserve particular assets like precious artwork and other unique items.

A valid BFA must meet certain criteria to be legally enforceable. Both parties need to receive independent legal advice. This advice should provide information on how the agreement affects the parties. The lawyers then provide an independent solicitor’s certificate. This certificate confirms that the parties received the necessary legal advice and makes the BFA enforceable.

A BFA’s flexibility can be useful. However, they can lead to imbalanced divisions. There’s no process to ensure fairness. Financial agreements can lead to one party losing out on their proper entitlement. A BFA can also be a particularly expensive option. The complexities involved in drafting them means that the process can be extensive.

A Collaborative Approach to dividing financial resources

Separated couples tend to find mediation very helpful. A neutral mediator facilitates discussions between parties. Mediation has many advantages, including:

Cost-effective

Mediation is generally more affordable than litigation. The price of a session depends on its length. A two-hour session will cost about $1000. A full day may be around $3000. You can keep these costs down by being prepared and forming an agreement quickly. It’s also easier to share the expense. Litigation can cost significantly more through hearing fees, filing fees and legal costs, and you’ll likely shoulder that expense by yourself.

Time-efficient

Mediation can be scheduled around everyone’s availability. It’s typically quicker than court proceedings. Well-prepared parties that want to find a resolution can settle the matter within a day. Litigation often goes for several days.

Confidential

Discussions during mediation remain confidential. Mediators are required by law to not divulge what’s said during a session. This means that your discussion isn’t admissible in court. You are free to be open and honest.

Mediation promotes collaboration. Separated couples can then maintain a more amicable relationship. This is particularly important when children are involved.

While it offers several benefits, it’s not always suitable. Some couples have a power imbalance that leaves one participant vulnerable to being coerced. A history of family violence also makes mediation inappropriate.

Direct Communication

Negotiation is also popular. Both parties engage in direct discussions to find a mutually beneficial agreement.

Legal representation provides support and advice throughout the negotiations. Benefits of negotiation include:

Flexibility

Negotiation allows both parties to express their preferences and priorities. This allows the participants to find arrangements that suit their circumstances. Without the need to satisfy the Court, you can explore creative solutions. This might include sharing assets like real estate or a vehicle on an agreed-upon schedule.

Informality

Negotiation doesn’t have to include a rigid structure like a court process. You can organise a more relaxed environment so you can discuss your concerns openly. This facilitates cooperation and makes it easier for you to reach an agreement.

Control

Both parties participate in the negotiations. This maintains control over the outcome. Most people find this preferable to allowing the Court to settle the matter.

Privacy

Negotiations are private. This maintains everyone’s confidentiality throughout the process.

However, not everyone would benefit. It’s inappropriate with a history of domestic violence or coercion or if one party won’t engage in constructive discussions.

Discover: What Is a Binding Financial Agreement?

Turning to the Court

Sometimes, other methods prove unsuccessful. Some parties also have particularly complex cases. Going to court is the final option once all attempts to negotiate fail. An experienced family lawyer is critical to getting the most out of the experience. Court proceedings can be tricky to navigate. A lawyer will use their expertise to ensure the best outcome.

In litigation, a judge decides on the allocation of assets. Some advantages of litigation include:

Enforceable outcomes

Litigation is binding. Both parties must comply with the Court’s decision. Breaches incur sanctions like fines and adjustments to the settlement that penalise the offending party.

Impartiality

A judge decides based on evidence and legal principles. The outcome won’t be biased or emotional.

Clear procedures

A defined structure and procedural rules make litigation predictable and transparent.

Legal representation

Both parties can seek legal advice and representation from experienced family lawyers.

Litigation drains parties emotionally, resulting in strained relationships. The confrontation of court proceedings can create bitterness and resentment. This is why we always recommend you take all opportunities to cooperate with your ex-spouse.

We have a blog that explains how to divide assets fairly in family law. You can check it out.

Factors to Consider When Choosing a Resolution Method

When deciding on a dispute resolution method, consider the following:

Nature of the relationship

People going through a divorce experience complicated emotions. In the best case, the split is amicable and you can communicate on good terms. However, it isn’t unusual for couples to develop ill-will. This limits your ability to find solutions outside of court. Serious scenarios like family violence will also be a large factor.

Complexity of financial matters

Complex financial arrangements are often not easy to settle. Finding an acceptable division through mediation or negotiation can take a long time. Appealing to the Court for an order may be the best option. We sometimes hear from people that going the litigation route makes them a failure. This isn’t true. If you’ve made genuine attempts to cooperate, the Court can be a big help. The Family Law Act ensures both people are treated fairly. There’s no ambiguity around what the Court expects of the parties.

Willingness to compromise

Can you and your former partner find common ground? Finding compromises is important in mediation or negotiation.

Potential impacts on children

The resolution method can influence the future relationship between separated parents. This is crucial to consider for the well-being of their children. The Court wants co-parents to cooperate in caring for the children.

Conclusion

Resolving financial settlements is a critical component of separation or divorce. Finding the right resolution method is essential.

These three methods offer unique benefits and potential drawbacks. Understand your situation and needs to find the right choice.

Do you need assistance with family law matters? Contact Andrews Family Lawyers today.

Book a FREE Consultation

How Much Does a Consent Order Cost in Australia? (2024 Update)

Peter Andrews — Tue, 25 Jun 2024 05:31:39 +0000

Financial insecurity is a major concern in family law matters. Before legal proceedings, be aware of the potential costs. This will help you navigate family law cost-effectively. Consent orders are one of the most common ways of settling property and parenting arrangements under the Family Law Act.

Here’s how much you can expect to pay for a consent order cost when applying for one.

What are consent orders?

Parenting and property consent orders are legally binding agreements between two parties. It allows people going through a separation or divorce to agree to an arrangement without court intervention mutually.

This is generally considered to be the recommended option for most people.

Learn more: What Is a Consent Order? (Why It’s Useful for Family Law Matters)

Consent Order Cost in 2024

Family Court fees

One of the basic costs of legal proceedings is filing fees. The filing fee for a consent order currently stands at $195. As of 1 July 2024, the new fee will be $200, which can be paid online.

A consent order is a good option because it minimises interaction with the Court. This saves you additional costs. If your matter proceeds to Court, you’ll need to cover other fees such as a hearing fee. A hearing fee applies every day for as many days that the hearing lasts, excluding the first hearing day.

For this reason, it’s best to make a genuine effort to find common ground and areas for compromise. If you’re struggling to find agreement, a conciliation conference can help. A conciliation conference costs $465 ($480 on 1 July 2024).

Legal assistance

Consent orders don’t require the parties involved to seek legal advice. However, speaking to a family lawyer before undertaking any legal action is still recommended. Many law firms offer a fixed fee standard consent order package.

A fixed fee quote will vary between firms but can cost anywhere from $2000 to $10,000.

These fees are affected by different factors. Clients can have complex cases. Other family members may need to be involved to organise the best parenting arrangements for a child’s best interests.

A marital asset pool can be complicated to value and find a fair division. These complications can lead to extended negotiations, which will add to the cost.

Source: Increase to family law fees – 1 July 2024 | Federal Circuit and Family Court of Australia

Fee exemption

Unlike a divorce application, you can’t receive a reduced fee for filing a consent order. However, you may be able to waive the fee.

Eligibility

You can apply for an exemption of “court fees- General” for the following reasons:

You are the primary holder of certain government concession cards, including:
- Health care card
- Pensioner concession card
- Commonwealth Seniors Health card
- Any card entitles you to a concession from Services Australia or the Department of Veterans Affairs.
You have been granted legal aid for the proceeding.
You receive youth allowance, Austudy or ABSTUDY payments.
You’re under the age of 18.
You’re a prison inmate or otherwise legally detained in a public institution.

Financial hardship

If you don’t meet the above criteria, you can still apply for a waiver if you demonstrate financial hardship. The Court uses a three-part test to assess whether a fee will cause an individual undue hardship.

Your gross income must fall below a certain threshold each fortnight before tax. The threshold is affected by how many dependants the applicant has.
The value of your liquid assets (cash or convertible shares or bonds) cannot exceed five times the fee payable.
Your surplus income after daily expenses are accounted for must fall below a certain threshold. For a $195 consent order fee, the maximum allowable income after expenses is $95.

Find out: Consent Orders Vs Binding Financial Agreements: What is the Best for You?

Conclusion

Property and parenting consent orders are popular when settling family law matters. All consent orders have a filing fee. The fee may be waived under certain circumstances. Professional legal assistance is also available, often for a fixed fee amount. Understanding the financial implications of a consent order allows you to approach them more confidently.

Our lawyers can help you obtain a consent order if necessary.

If you need advice on consent orders, contact our office today.

How Long Does Court Take for Child Custody? (What Parents Should Expect)

Peter Andrews — Mon, 10 Jun 2024 04:17:36 +0000

Child custody cases are some of the most sensitive in family law. When organising parenting arrangements, the Family Law Act requires the Family Court to prioritise the child’s best interests. Parties often wonder how long does court take for child custody as they aim to settle parenting matters as quickly as possible.

This article will explore the timeframe you can expect to face and the complications that can arise.

Child custody timeline

The easiest and quickest way to make parenting arrangements is through a consent order. Parenting consent orders provide co-parents a way to organise parental responsibility cooperatively.

With a properly completed application, the Court will usually process the application within around six to eight weeks.

Here’s the basic timeline to follow.

Consent orders

Seek legal advice

It’s not necessary to obtain legal advice before applying for consent orders. A family lawyer will smooth the application process, though.

Preparing and filing documentation

There are two essential documents you must file to get a parenting consent order. The first is a Notice of child abuse, family violence or risk. This form is part of the Court’s responsibility to report to authorities. It covers the following:

Allegations of child abuse or a risk of child abuse.
Allegations of family violence or a risk of family violence that amount to abuse of a child.

The other document is the application itself. The application will cover how major long-term decisions will be made regarding crucial parts of your child’s life. The application can then be filed online through the Commonwealth Courts Portal.

For more information on how to prepare a consent order, visit and read our blog titled “How to Prepare for a Consent Order? (Important Steps for a Smooth Process)”

Discover: Understanding Child Custody Laws in Australia

Parenting orders

Some parents fall into custody battles because one or both parents can’t accept proposed custody arrangements. This means that court proceedings will settle the matter.

The Family Law Court will add delays to the process. It’s vital to have professional support.

Pre-action procedures

Parties seeking to begin a court action must make a genuine attempt to resolve the matter amicably. This involves inviting the other party to participate in alternative dispute resolution, such as mediation or counselling.

If these actions are completed without success, you will receive a Genuine Steps Certificate to recognise you have satisfied the pre-action requirement.

Some applications are exempt from this requirement. Such applications include:

Urgent applications.
Applications that include allegations of family violence.
Applications that would be prejudiced by pre-action procedures.

Initiating application

The applicant must file an initiating application to begin the action for parenting orders. You may apply for interim orders simultaneously if you feel it’s necessary. Interim orders put a temporary order in place while the Court considers the final orders. If you’re applying for interim orders, you must attach an affidavit stating their reasons.

The respondent may file a response to the application, setting out their case. The response must be served on the applicant through ordinary service and any independent children’s lawyers appointed.

First court hearing

The first court date is usually set for six to twelve weeks after filing the initiating application. The Court will make procedural orders regarding the next step in the proceedings and what actions the parties must take.

Interim hearing

A date will be set to decide on an interim order if one party applied for one. The Court will consider the affidavits submitted by the parties and the oral submissions of their family lawyers.

Child dispute conference

The parties will meet with a court-appointed family consultant to try and reach an agreement. After the conference, the consultant will prepare a report summarising the issues and their recommendations for proceeding. For example, they may recommend the Court appoint an independent children’s lawyer to represent the child.

A copy of the report will be provided to each party’s lawyer, the judge and the parties.

Final hearing

A final hearing will be set if the parties still can’t agree. The Court endeavours to hold the final hearing no later than 12 months from the initial application. This hearing may take between one and three days. The judge will read affidavits provided by each party and their witnesses. The parties will give an oral address, and each lawyer will have a cross-examination.

The judge may make a decision immediately or within three months. The process can last approximately 18 months or even two years.

Conclusion

With the child’s best interests in mind, parties should take every opportunity to make a parenting agreement. The Court can usually organise consent orders in six to eight weeks. However, disputed cases can run on for months or even years.

We offer free consultations if you need help with a consent order

How Long Do Consent Orders Take? (Key Insights to the Timeline)

Peter Andrews — Tue, 04 Jun 2024 05:49:48 +0000

Consent orders are one of the most common legally binding ways of organising family law matters. A consent order can cover a property settlement and parenting arrangements.

The process is straightforward if you follow the process correctly. However, some pitfalls can delay the process and cost you time and money.

Let’s look at how long do consent orders take.

How long does a consent order take?

If everything goes well, consent orders can take around two to three months from the initial application to the court registry processing the order. However, a lot can go wrong during the process, creating delays.

Here’s a timeline to follow and common mistakes to avoid.

Seeking legal advice

The first step should be to obtain legal advice. Unlike a binding financial agreement, independent legal advice isn’t mandatory. However, a family lawyer focusing on consent orders can help you establish priorities and understand your rights and entitlements.

Potential delays

It’s crucial to seek legal advice from a lawyer who suits your needs. Communication is one of the key components of a healthy lawyer-client relationship. Avoid lawyers who don’t make themselves available to answer questions and address your concerns.

Also, a lawyer should have experience with cases similar to yours. Some clients have complex cases. If a lawyer hasn’t handled similar cases, they may misstep and cost you time and money.

Discover: Why Choose Us Over Other Family Law Firms in Brisbane Area?

Negotiation

Once you have met with a suitable family lawyer, the parties involved can meet for negotiations. If you’re dividing finances, remember that the Court uses a four-step process as per the Family Law Act.

The Court needs to identify the marital asset pool, assess the contributions of each party, determine each party’s future needs and make a final assessment of the application’s fairness.

Parenting consent orders consider the child’s best interests above everything. All of your negotiations should target that goal.

Potential delays

Family law negotiations can get heated. You and the other party will often be unwilling to concede on a point. This can cause significant delays, depending on the severity of the impasse. If parents disagree about co-parenting arrangements, remember that your child’s welfare precedes personal vendettas.

There’s an objective process for property orders. This is why a good family lawyer is crucial. Understanding what the Court looks for will make navigating negotiations easier and reduce delays.

Draft the application

There’s a do-it-yourself kit on the Federal Circuit and Family Court of Australia website that simplifies the application. However, we still recommend using a family lawyer to ensure you include all the relevant information.

Potential delays

One reason for applications being rejected is that the Court needs more information. Financial consent orders often require supporting documents. Neglecting this can significantly increase the time required to secure an order.

When organising parenting matters, the Court must be satisfied that all the child’s needs are covered. The Court no longer assumes that equal shared parental responsibility is best.

However, both parents should be involved in catering to their children’s education, healthcare, religious instruction and other long-term considerations.

Filing the application

It’s now time to file the application. Taking the time to draft the application correctly will make this step as simple as possible. Filing consent orders attract a filing fee. Filing fees can be waived if you’re eligible for a financial hardship exemption.

Potential delays

There is a deadline for filing consent orders. Divorcing couples must file their application within 12 months of their divorce order being granted. De facto couples have two years from their separation date to make their application.

You can apply for leave to consider your application after expiration. However, the Court will require you to demonstrate exceptional circumstances to justify the grant of leave. This will add further delays. Bottomline, make sure you meet the deadlines.

Conclusion

The consent order application process has been streamlined by the Family Court’s amalgamation. However, you can still face costly delays. You can minimise these delays by understanding the consent order timeline and recognising common pitfalls.

We offer free consultations if you need help with a consent order

How to Split Assets in Divorce in Australia? (Legal Guide in 2024)

Peter Andrews — Mon, 03 Jun 2024 19:07:20 +0000

It’s a common misconception in Australia that a divorce includes all aspects of separating, including the division of financial assets. Divorce is the process of terminating a couple’s marital relationship.

Who gets what in a divorce is determined by a separate financial settlement.

If you’re wondering how to split assets in divorce, it’s important to understand that the laws concerning divorce in Australia are covered under the Family Law Act 1975, which encompasses marriage, divorce, de facto relationships, guardianship, adoption and the care of children.

How do you split assets during a divorce?

There are four options couples have when splitting their assets after divorce:

A non-legal arrangement
A binding financial agreement
Consent orders; or
Litigation

1. Non-legal arrangement

Non-legal arrangements are made when a couple splits amicably and can agree on dividing their assets without legal documentation. This kind of agreement does not prevent one of the parties from going to Court later to ask for financial orders under the Family Law Act.

These more informal agreements have advantages and disadvantages.

Advantages

Informal agreements offer a high degree of flexibility. Parties can negotiate terms that suit their unique circumstances. The Court applies no strict rules.
Avoiding the legal process can save significant amounts of money in legal fees. This is particularly beneficial if the parties are on amicable terms and can agree without legal intervention.
Reaching an informal agreement can be much quicker than going through the legal process.

Disadvantages

The biggest drawback of an informal agreement is that it’s not legally binding. If one party fails to adhere to the agreement, the other has limited legal recourse.
Without legal guidance, there’s a risk that one party may agree to terms that are not in their best interest. This is especially true if there is a power imbalance or lack of financial knowledge.
Informal agreements may not adequately address complex issues like property division or debt responsibility. This can lead to future legal complications.

How to make an effective non-legal arrangement?

Step 1: Communication

Begin with an open and honest discussion about what each party wants and needs from the financial settlement.

Step 2: Compile Financial Documents

Collect all relevant financial documents such as bank statements, property valuations, superannuation statements, and debt statements.

Step 3: Consider future needs

Think about the future needs of one or both parties. Does one party have a reduced earning capacity or limited access to financial resources? Also, think about retirement, education for children, health issues, and potential changes in living arrangements.

Step 4: Seek legal advice

Legal advice can help ensure fairness and understanding of legal rights and obligations.

Step 5: Draft the agreement

Write down the agreed terms. Include how you will divide assets, property, debt responsibilities, and any ongoing financial support.

Step 6: Review and revise

Ensure both parties agree with all terms. Be open to revising the agreement to address any concerns.

Step 7: Sign the agreement

While the agreement is informal, the parties should sign it. This creates a sense of commitment to the terms.

Who gets what?

Informal agreements can divide property in any way the parties choose. This can make informal agreements risky as one party may not get their proper entitlement. Some considerations you might make include:

Agreements Made During the Marriage
The couple may have had any agreements or understandings during the marriage regarding their finances and property division.
Legal and Professional Advice
Even for informal agreements, obtaining legal and financial advice is crucial to understanding the agreement’s rights, obligations, and implications.
Future Needs
The agreement may consider the future needs of both parties. This includes factors like age, health, financial resources, care of children, and the ability to earn income.

Discover: 3 Ways for Resolving Financial and Property Matters

2. Binding financial agreements (BFA)

A binding financial agreement is a legal document that can be entered into before, during or after the relationship. When entered into before marriage, they are referred to as a prenuptial agreement. Binding financial agreements are final and enforceable. They essentially exclude the Court from overruling them unless there are exceptional circumstances.

How to form a binding financial agreement?

Step 1: Communication

Both parties should openly discuss their financial situations, objectives, and concerns regarding the agreement.

Step 2: Disclose finances

Both parties must make a full and frank financial disclosure. This may include bank accounts, stock portfolios and real estate. You must also factor in debts to understand the net asset pool.

Step 3: Seek independent legal advice

Each party must seek independent legal advice. This is a legal requirement for the BFA to be binding. The lawyers will explain the party’s rights and obligations under the agreement. The party should understand the advantages and disadvantages of entering into the BFA.

Step 4: Draft the agreement

One party’s lawyer usually drafts the agreement. The document outlines terms for asset division and any spousal maintenance arrangements.

Step 5: Review the agreement

The other party and their lawyer review the draft. Negotiations may take place to reach mutually agreeable terms.

Step 6: Sign the agreement

Once both parties are satisfied, the BFA is signed. The signatures must be witnessed by the lawyers who provided the legal advice.

Step 7: Independent legal advice certificate

Each lawyer must provide a certificate confirming that independent legal advice was given.

Who gets what?

When getting independent advice, your lawyer will advise you on whether the division is reasonable. Here are some considerations:

Practicality of the Division.
The division should be practical. Consider the ease of transfer of assets, the ability of each party to manage certain assets, and the desirability of achieving a clean break to avoid ongoing financial ties. This might affect who receives the family home or gets responsibility for a share portfolio.
Superannuation Interests
Superannuation is treated as property. Consider how superannuation interests should be split. Often, one party has less superannuation than the other. It may be appropriate for that party to get a share of their former partner’s super interest.
Effect on Children
The impact of the property division on the welfare of any children is critical. Ensuring children have a stable environment and their financial needs are met is paramount. This means that the primary caregiver should receive a more significant share.

Learn more: What Is a Binding Financial Agreement?

3. Consent orders

A financial consent order is a legal document formalising the division of assets and financial obligations after a relationship ends. It’s approved by the Court, making it legally binding and enforceable, ensuring compliance with the agreed terms. This order can cover property, finances, and spousal maintenance but not child support.

How to apply for consent orders?

You must fill out an Application for Consent Orders. It is strongly advised to seek legal counsel before applying. Even the most amicable couples find the division of assets emotionally challenging. Having an experienced divorce lawyer will help you to understand the needs and rights of both you and your ex-spouse.

Before the Court will accept financial consent orders, it must be satisfied that the proposed property division is “just and equitable”.

How assets are divided in Family Court?

Most people assume they are entitled to a 50/50 split of assets. However, several contributing factors are considered during property settlements, including physical and financial assets and liabilities. More often than not, a 50/50 split isn’t the fairest outcome.

You may have been led to believe that anything you own in your name only is yours, and anything you own jointly with your ex-spouse will be split between you. However, this isn’t always the case.

How assets are divided in a divorce has more to do with the contributions and needs of each person than whose name is attached to what item. This ensures one person isn’t disadvantaged.

For example, if one person were the children’s primary caregiver, they would likely have less financial stability or fewer retirement savings.

A four-step process calculates a just and equitable asset split under the Family Law Act.

Valuation of assets
Assessing the contributions of both parties
Determining future needs
Evaluating the impact

Step 1: Valuation of Assets

The first step of the process is to assess the assets and liabilities you and your ex-spouse have. This includes both those you have jointly and assets and liabilities you each have on your own. This step requires each party to fully disclose individual bank balances, the value of owned property or shares, outstanding loans and any interest in a business or company.

Assets and liabilities that must be considered in the pool include those acquired before, during, and sometimes after the relationship.

For example, if one of you already owned a property before entering the relationship, its value and associated debt will usually be included in the asset pool.

Similarly, any assets or debts acquired after the relationship ended will also be considered.

For example, this will be relevant if one person accumulates a large debt or spends a large sum of the couple’s money after the relationship ends.

It’s essential to undergo this process with an experienced lawyer to ensure all assets and liabilities are accounted for, including any hidden assets or instances of one party hiding assets.

There may be some that you or your ex-partner have not considered, such as superannuation or a debt one of you owes to a friend. Sometimes, a partner may even attempt to hide assets from the process for an unfair advantage. You can prevent this by using a forensic accountant to examine the finances.

You may also feel entitled to 100% rights over an asset you acquired before the relationship. This may be the case, particularly if your ex-spouse made no contributions to the asset. However, all assets and liabilities must be thrown into the asset pool together at this first stage.

A fair and thorough assessment of all assets is essential, particularly when one party may uncover hidden assets.

Step 2: Assessing the non-financial and financial contributions of both parties

This step is about understanding what each of you brought to the relationship. While the income of each party is included, not all contributions to a relationship are financial.

Financial contributions can include wages, government allowances, inheritance, dividends from shares or any other financial income you receive.

The most apparent non-financial contributions that need to be considered are being a caregiver of children and a homemaker. Others may also apply to your situation, such as renovating a property or even indirect contributions from family members.

These can include providing childcare, a deposit to purchase a property, or being a guarantor on a home loan.

Each of these contributions is assessed as a percentage or a range of percentages and compared against the asset pool to determine the first split of assets between the parties.

Step 3: Determining Future Needs

Now that all the assets, liabilities and contributions to the relationship have been assessed, your current and future needs must also be considered.

Several things need to be considered here for each person. These include their age, health, future earning capacity, employment prospects, and financial resources. Also, the Court will consider who will be responsible for looking after the children of the relationship, individual living requirements, and the impact the relationship may have had on each person’s earning capacity.

Access to support from family members, such as for childcare, living arrangements or financial support, may also be considered when dividing the asset pool.

Step 4: Evaluating the Impact

The final step in the process is for the Court to consider whether their split of the assets and debts is just and equitable to you and your ex-partner.

Some men believe they will be worse off in a financial settlement even if they have been the primary income earner in the relationship. This is usually untrue, as men are more likely to rebound quicker financially post-divorce than women.

This is often because women are the primary caregivers of children. Single older women are often most disadvantaged regarding their financial circumstances, particularly to their earning potential.

The Court may determine one person is given a higher portion of the assets if they have significantly less earning capacity.

This may seem complicated, so it’s important to seek the advice of an experienced property and family lawyer. They can simplify the process and ensure you receive what you’re entitled to.

What to consider when dividing assets?

Remember that not only are assets split in a financial settlement, but debts are also. So, if one partner is given a more significant portion of the asset pool, they may also be given more debt obligations.

Counting assets and liabilities and considering contributions and future needs sounds straightforward. However, for most couples, this is a difficult process. It can be even more challenging for amicable couples who want to do right by one another and are unsure how to proceed without rocking the boat.

A common challenge couples face is when they get fixated on a percentage they believe they deserve. While assets are rarely divided 50/50, there is no set percentage set down in Australia’s Family Law Act.

The split will be different for each couple. It’s better to focus on the goals and needs of each person to reach the fairest and most equitable settlement. Use percentage as a sense check rather than the end goal.

Litigation

Litigation is where the Family Court determines how the couple’s assets and liabilities will be split. This is the most lengthy and costly process. It usually requires attendance in Court.

This is generally a last resort option due to its emotional and financial impact on families.

What am I entitled to in a Divorce Settlement?

When getting divorced, you will want to know how much you are entitled to. There is no set percentage under Australian law when dividing assets. Determining how you should split your assets and liabilities can be challenging.

It will be different in each circumstance. While a 50/50 split is rare, you are more likely to end up with a 60/40 or even 70/30 divorce settlement.

The most common percentage split in the division of assets in Australia is 60/40. For many couples, one partner will contribute more financially, while the other may contribute more in caring for children and looking after the home.

In these situations, it is common for the financial contributor (often a male) to end up with 40% of the assets. The partner who contributed mainly non-financially (usually female) will get 60%. While this may seem unfair at face value, the Court makes adjustments based on the future needs of the individuals.

The male likely has more earning capacity and income and is therefore deemed able to recover from the divorce more quickly than their ex-spouse. The partner (usually female) who contributed mainly non-financially to the relationship would be given 60% of the assets if they are likely to be the children’s primary caregiver post-divorce and their earning capacity is lower than their ex-spouse.

In this case, they would be awarded a higher percentage to address their future financial needs.

A 70/30 split in the division of assets is rarer. However, it can still be done. This usually occurs when the asset pool is large (over $10 million), and one partner contributed most of it.

You may also see a 70/30 split when one partner is in a hurry to finalise the settlement and may want to settle for less than they are entitled to. This is when it is essential to seek advice from an experienced divorce lawyer. They can negotiate for you and ensure you walk away promptly with what you’re entitled to.

Although financial settlement can be stressful, you must consider your current and future needs. Opportunities to reopen a financial settlement case are limited, and this may not always be an option available to you.

It should be noted that the longer a relationship lasts, the less critical contributions are valued by the Court. It’s understood in most cases that over a long period, the contributions to the relationship would be more or less equal (whether financial or not).

This means that, in some cases, a 50/50 split is the most appropriate. An example could be a couple who have been together for a long time and are both retired. Or perhaps a couple where one partner was the sole financial contributor, but the other was the sole caregiver for children.

In short-term relationships, where assets were acquired only jointly, there are no children, and the couple earns similar incomes, a 50/50 split may also be the fairest division.

Are assets split 50/50 in divorce in Australia?

Most people think a 50/50 split of assets is the fairest outcome when they separate. However, this isn’t always the case.

Couples rarely settle on a 50/50 split. Under the Family Law Act 1975, there is no set percentage split, and every case will differ. That said, the most common division is a 60/40 split.

This usually occurs when one partner earns more while the other has more responsibility in looking after children post-divorce, has limited financial earning capacity, or has less superannuation.

Each party’s future needs and ability to support themselves are the main factors that sway the percentage split once all the assets and liabilities have been assessed.

Do you need help with a divorce matter? We can assist you.

Which assets are considered in a divorce?

It might surprise some couples what assets and liabilities are considered in a divorce. You often need to consider assets brought into the relationship, acquired both separately and jointly during the duration of the relationship, and even assets and liabilities gained after the relationship ended.

There are no set rules under Australian Law, and what is and isn’t considered can be decided on by the couple, the courts, or a combination of both.

Usually considered in the asset pool are:

Properties owned both individually and jointly
The respective income of each party
The superannuation of each party
Debts owing both jointly and individually

How long does a divorce settlement take?

The better you and your ex-spouse understand each other’s needs, the easier and quicker an agreement can be reached. If you agree on the division of assets, the settlement can take as little as two weeks to be finalised.

If there are disputes, the process can take a matter of months when settled outside of Court. If it needs to go to Court, a case may take up to three years to be resolved.

How can I protect my assets from divorce?

There are several ways you can protect your assets. One of the four options couples have when splitting their assets is a binding financial agreement, which can be entered at any time before, during or after your marriage.

When entered into before you get married, this is referred to as a prenuptial agreement. While some people think a ‘prenup is only used when the marriage is expected to fail, you can compare it to health insurance.

Most people don’t expect to fall ill. However, they still have health insurance. A binding financial agreement is a legal document outlining how assets and liabilities would be divided in divorce. It is final, meaning it can only be overruled by the Court in exceptional circumstances.

Prenuptial agreements can be particularly useful because they allow you to include clauses that protect things with future financial benefit. Those with significant estates will often wish to prevent any changes to the asset pool, both positive and negative, from being considered in a settlement.

For example, you may purchase a property or receive an inheritance post-separation, which you do not want to be considered in the asset pool. With the help of a divorce lawyer, you may organise a financial agreement that accounts for such eventualities.

Important: 3 Reasons Why You Should Hire a Family Lawyer

Can I get divorced without a financial settlement?

It’s a common misconception that divorce includes a financial settlement. Under Australian law, divorce and financial settlements are handled separately.

You can file for a divorce without a financial settlement. However, you may find you are entitled to more than you think. It’s also advisable not to wait until you have divorced to start dividing assets.

The reason for this is that post-separation, your asset pool may have changed. You may also have acquired more assets or received an inheritance, which may be divided between you and your ex-partner. Likewise, one of you may accumulate debt post-separation, which can negatively impact significantly.

If your divorce is finalised before your financial settlement, you will have 12 months from the date of your divorce to commence a property settlement application or have your agreement completed. If you wish to apply outside of this timeframe, you will need to seek permission from the Court to do so.

Compared to a financial settlement, filing for divorce is a straightforward process. As financial settlements are more complex, each party should seek independent legal advice to ensure you get what you are entitled to.

The division of assets may seem daunting. If you have an amicable relationship with your ex-spouse, you may want to opt for an informal agreement to prevent conflict or speed up the process to limit contact.

Can I get divorced before the property settlement?

Under Australian law, divorce and the division of assets are separate processes. You can finalise a divorce before reaching a financial or property settlement agreement. Conversely, you can get a property settlement before finalising your divorce.

Filing for a divorce is the process of two people separating from marriage and is done by completing divorce application forms and submitting them to the Commonwealth Courts Portal.

Read our blog here for detailed instructions on who can apply for a divorce and how to apply.

If you’re unsure if you can apply for a divorce or how to proceed, our experienced divorce lawyers can assist you.

Can a divorce settlement be reopened?

If you have reached a financial agreement but are unhappy with the outcome once it has been finalised, you can apply for a property adjustment. After divorce, your application for the adjustment must be made within 12 months of your divorce being completed.

If you do not apply within this time limit, you must obtain special permission from the Court.

Divorce Property Settlement Example

It’s human nature to seek out similar situations to understand what we should do and imagine what outcome we might expect. The Australian Government has supplied this case study in the Property and Financial Agreement and Consent Orders Guide issued by the Attorney-General’s Department.

Case Study

Drago and Constance are separating. They have been together for 15 years and married for eight years. Drago works full-time and earns $87,000 a year. Constance works part-time and makes $68,000 a year.

They have two children, aged 6 and 4. Using the negotiation guide, they arrived at the following negotiated property settlement proceedings and will seek a property consent order from the Court:

Joint Assets and liabilities

A family home valued at $670,000 with a $250,000 mortgage. Net value: $420,000.
Family car #1 Subaru Forester valued at $24,000 with a $12,000 loan. Net value: $12,000.
Family car #2 Holden Commodore. Net value: $8,000.
Furniture. Net value: $25,000.
Joint savings account. Net value: $15,000.
Westfarmers shares. Net value: $10,000.
Joint transaction account. $1,200, with a $500 overdraft. Net value: $700.
Joint credit card. $8,000 in debt.

Individual Assets and liabilities

Drago Superannuation. Net value: $300,000.
Constance Superannuation. Net value: $120,000.
Drago savings account. Net value: $20,000.
Drago boat. Net value: $5,000.

Identifying their contributions

Both Drago and Constance have worked throughout their relationship. Since having children, Constance has worked part-time to care for the children two days a week. She also takes the children to and from daycare and school.

While Drago and Constance try to share caring responsibilities for the children after work, Drago travels to work often. Therefore, Constance is often solely responsible for caring for the children.

They also both acknowledge that Constance’s ability to earn superannuation was limited by extended maternity leave and the fact that she has been working part-time.

Based on Constance having the majority of childcare responsibilities, she and Drago have agreed that the property should be split with an adjustment in Constance’s favour.

Considering the section 75(2) factors

Section 75(2) of the Family Law Act guides how the Family Court considers the division of property and spousal maintenance in a divorce. This section lists factors the Court must consider when determining what is just and equitable in property settlement and maintenance matters.

Drago and Constance are both in their late 30s and are likely to be able to work until retirement. They agree that the children should live at each of their houses and acknowledge that Constance will likely have significantly more caring responsibilities than Drago.

This will impact Constance’s ongoing ability to work full-time. They agree that the property split should be readjusted to reflect Constance’s lost potential earnings.

Conclusion

If you are going through a divorce and struggling on how to split assets, seeking expert guidance is important to ensure your rights are protected and you receive a fair settlement.

Andrews Family Lawyers can provide you with professional advice that is tailored to your specific needs.

If you need assistance with family law matters, Andrews Family Lawyers can help.

How To Find the Right Family Law Solicitors in Brisbane? (Step by Step Guide)

Peter Andrews — Mon, 03 Jun 2024 09:47:13 +0000

Family law matters are often challenging and emotionally taxing. Finding the proper legal representation is vital to navigating the legal system safely and efficiently. But, not all legal services are equal. How do you ensure you can connect with the right law firm?

This article gives you the right approach to assessing family law solicitors in Brisbane.

Here’s your simplified guide

Understand your needs
Seek referrals from family and friends
Look through reviews
Compile a shortlist of solicitors in Brisbane
Check their website
Set up consultations

Step 1: Understand your needs

Before searching for solicitors, you must understand what professional service you require. Matters you may face include:

Applying for divorce;
Organising parenting and/or financial arrangements;
Organising child support/maintenance;
Handling issues around domestic or family violence.

This is crucial because certain lawyers, as accredited specialists, may have more expertise in specific family law matters than others.

Step 2: Seek referrals from family and friends

If any family or friends have used family law services, ask them about their experiences and if they would recommend them. Guidance from close associates can be the most influential, so this can be an excellent place to start.

Step 3: Look through reviews

Reviews can give a reasonable overview of what you can expect from working with them. Review sites like Google Reviews or Oneflare are helpful. Solicitors should adhere to a high level of service, so only consider lawyers with an average star rating of 4.5 to 5. Ensure they have a reasonable number of reviews as well. It’s all good to have a 5-star average, but that’s of little value if it’s based on a single review.

Look at the negative reviews, if any, and the positive ones. Consider if consistent concerns are being raised. Check if the law firm provided a response explaining their side.

General factors to look for when searching reviews include:

What level of personal service do clients receive?
Does the lawyer provide timely advice?
Do they treat clients with compassion and understanding?
Do they communicate clearly and understandably?

Discover: Why Choose Us Over Other Family Law Firms in Brisbane Area?

Step 4: Compile a shortlist of Brisbane lawyers

Once you’ve fielded recommendations from family and friends and identified firms with high review scores, compile a shortlist of around five or six that stood out. You can now take a deeper dive into each of these law firms.

Step 5: Check their website

Their business website will offer deeper insight into the law firm. Some things their website can tell include:

Areas of Expertise

The lawyer specialises in specific areas such as divorce, child custody, spousal support, property division, or domestic violence cases. This will help you determine if they have experience relevant to your situation.

Lawyer’s Profile and Experience

Check the lawyer’s professional background, including their education, years of practice, and special certifications or awards.

Case Studies or Notable Cases

Some websites include descriptions of past cases (without revealing confidential information). These can demonstrate the lawyer’s experience and success in handling cases similar to yours.

Legal Philosophy and Approach

Some lawyers share their approach to family law. For example, do they prioritise litigation or emphasise mediation as the best course?

Blog or Resource Section

A blog or articles on family law topics can indicate the lawyer’s depth of knowledge and ability to understand complex legal issues.

Accessibility and Communication

Consider sending them a message through their contact page to determine their responsiveness.

If you see any red flags, remove that lawyer from your list.

Step 6: Set up consultations

It’s time to set up consultations with the remaining firms. Many law firms offer free consultation. This is the perfect opportunity to get to know the lawyer and understand their fit for your legal matters. Here are some questions you can ask:

Have you handled cases similar to mine? What were the outcomes?
Can you provide any references or testimonials from past clients?
How would you handle my case? What strategy would you recommend (negotiation, mediation, litigation)?
What is your fee structure (hourly rate, fixed fee, retainer)?
Based on your experience, how long will my case take to resolve?
What are the critical steps in the process, and what is expected of me?
What are the possible outcomes for my case?
How will we communicate throughout the case? How often can I expect updates?
What challenges do you foresee in my case, and how would you address them?
What are the next steps if I decide to hire you?

You can determine which lawyer would best suit you based on these consultations.

Conclusion

If you’re struggling with a family law issue, you need an effective solicitor to advocate for you. This guide gives you a solid foundation for assessing Brisbane family law solicitors. You can find the representation you’re comfortable with using all available resources, like the people close to you and online tools.

Please schedule a free consultation if you’d like to discuss your circumstances.

What Is Prenup? (The Importance of Prenuptial Agreement in Australia)

Peter Andrews — Mon, 03 Jun 2024 05:12:41 +0000

No one enters into a marriage or partnership expecting it to fail. However, no one buys health or home insurance expecting to fall ill or experience a break, yet most people do the latter without question.

This article will explain what a prenup is, and how creating a prenup or binding financial agreement in Australian law can help you outline clear expectations with your partner about the division of assets.

Key takeaways

Prenuptial agreements, commonly known as prenups, are legally binding documents that establish a framework for asset division in case of separation or divorce.
It is important to clarify that prenuptial agreements are not exclusive to the financially affluent. Rather, they can serve as practical tools that benefit couples from a variety of financial backgrounds.
For a prenup to be legally binding, it must meet certain conditions, including full disclosure of each party’s financial situation.
By specifying asset division in advance, prenups help avoid lengthy and expensive legal disputes during divorce proceedings, making the separation process smoother and more amicable.
Prenuptial agreements encourage open communication about financial matters between partners, fostering a healthier, more transparent relationship foundation.

What Is Prenup (Prenup Agreement)?

A prenup or prenuptial agreement is a legally binding document under the Family Law Act 1975 that protects each party’s pre-marital or pre-relationship assets.

A prenup agreement is a legal log of each party’s assets and liabilities before entering the relationship. It then outlines how these assets may be divided in separation or divorce. To make the agreement legally binding, it must satisfy the following criteria;

Each party is to disclose their financial position, including assets and debts, fully;
The agreement must be put in writing;
Each party must have independent legal counsel before signing the agreement;
Each party must sign the agreement willingly.

Do Prenups Exist in Australia?

Yes, prenups exist under Australian law and are called binding financial agreements. They can apply to both married and de facto relationships and essentially exclude the Family Law Act from having any say in deciding how to divide assets and liabilities in case of a relationship breakdown.

Learn more: What Is a Binding Financial Agreement?

Common Misconceptions About Prenuptial Agreements

Prenuptial agreements are often misunderstood. Many believe it is only necessary for the wealthy to signal a lack of trust or anticipate marriage failure.

However, prenups are practical tools that can benefit all couples, regardless of their financial status. It is like insurance, protecting the interests of both parties and creating a solid foundation for the relationship by fostering open communication about finances.

Prenups provide clarity and security for the future, and they are not about anticipating negative outcomes but about preparing responsibly for any eventuality. It can ensure peace of mind and strengthen the bond between partners.

Who Can Get a Prenup?

While prenups are usually associated with marriage, they can also be created for de facto relationships and apply to both heterosexual and same-sex couples. In other words, anyone can enter a binding financial agreement, provided both parties willingly agree to and sign the deal.

It’s also important to know that a couple can enter into a binding financial agreement at any stage of their relationship, including before getting married or entering a de facto relationship, during the relationship, and even after the relationship has ended, which is called a financial separation agreement.

Prenuptial Agreements Requirements

To make a prenuptial agreement legally binding, several requirements must be satisfied.

These include;

Both you and your partner must receive independent legal advice from separate lawyers before signing the agreement. This advice must outline your specific rights as well as the advantages and disadvantages of signing the contract;
The agreement must be signed by both you and your partner in the presence of each of your lawyers;
The legal advice given to each party must come from a solicitor who is currently admitted to legal practice in Australia and
Each respective lawyer must provide a signed statement to their client (each party, i.e. you and your partner) confirming that you each received independent legal advice.

It’s important to know that if these criteria are not met, your prenuptial agreement may not be binding and may be open to being void or challenged.

What Do Prenups Cover?

A prenuptial agreement can cover all financial aspects of each individual in the relationship, as well as shared assets and liabilities.

It can outline the separate assets, liabilities, and financial resources of each party obtained or accrued before you entered the relationship. This could include property owned, debts owed, and superannuation accrued.

It can also cover financial assets and debts acquired during the relationship, such as the family business, home or investment property, mortgages, car or personal loans. Finally, it can also govern if and what a

Benefits of Signing a Prenup

Creating and agreeing to a prenuptial agreement before entering into marriage, or at the start of a de facto relationship, allows both parties to amicably concur on how they might divide any assets should the relationship fail.

While these agreements are not always binding, they provide a legal basis for resolving property and financial disputes.

A binding financial agreement takes the guesswork out of divorce and separation proceedings by clearly stating who is entitled to what. It can also save you a lot of time and money, as if both parties disagree on who is entitled to what, the legal process can be drawn out and incur more significant fees or even court proceedings.

Some reasons you should consider entering a binding financial agreement:

A prenup allows you to protect your valuable assets, which is especially important when there is a significant difference in income or ownership of personal assets;
The agreement is not set in stone. You and your partner can agree to change or cancel a contract at any time;
The agreement can save significant time and money, with the division of assets finalised quickly in the event of separation or divorce;

To know more about the benefits of prenuptial agreements, check out our blog here.

Disadvantages of Signing a Prenup

In a relationship where one party earns significantly more than the other or does not work (a stay-at-home parent, for example), it’s essential to ensure that the prenuptial agreement outlines the value of what the non-working partner brings to the relationship or family.

The time spent caring for children, for example, is a significant contribution that needs to be included when considering the division of assets or the payment of spousal maintenance in a prenuptial agreement.

If a contract does not consider this, you may be disadvantaged if you do not receive what you believe you may be entitled to.

This is why it is imperative to seek the advice of an experienced family lawyer to help you understand what you may need to have included in the agreement.

What Do I Need to Consider Before Entering a Prenuptial Agreement?

There are several things to consider before committing to a prenup.

Firstly, you need to consider how you are planning for the future. It’s important to remember that if a relationship never breaks down, a prenup never gets enforced.

By entering into a binding financial agreement, you and your partner prepare for the worst-case scenario without the emotion or stress of doing it during a breakup.

It’s essential to seek legal advice to discuss your situation because, if completed correctly, these agreements prevent the court from stepping in to divide your assets.

How To Arrange a Prenuptial Agreement

To make a prenuptial agreement legally binding, it must adhere to strict technical requirements and, therefore, be prepared by an experienced family lawyer.

How Much Does a Prenuptial Agreement Cost?

There is no fixed price for filing a binding financial agreement in Australia, as it is prepared and reviewed by a second independent lawyer.

Discover: 3 Reasons Why You Should Hire a Family Lawyer in Brisbane

Are Prenuptial Agreements Always Binding?

It’s important to understand that prenuptial agreements are not set in stone. There are several reasons a prenuptial agreement may be voided, so it’s essential to seek the advice of an experienced family lawyer to understand the risk of this in your situation and how this may be avoided.

Some reasons an agreement may be immediately voided include;

The agreement is found to be fraudulent (which could happen if you or your partner intentionally fail to disclose financial information);
Legal or technical requirements are not met, such as independent legal advice not received by one or both parties;
You or your partner were pressured into signing the agreement;
The agreement cannot be practically fulfilled.

How are Prenups Enforced?

Due to the nature of a prenuptial agreement being a legally binding document, it essentially removes the Family Court from having a say in the division of your assets.

If you wish to dispute the agreement, you must seek legal counsel, and the matter will be taken to court. However, this does not guarantee it will be heard, let alone thriving.

Conclusion

A prenuptial agreement is a legal contract that defines how shared assets and debts will be divided in the event of a couple’s separation. It is not solely intended for affluent individuals but is recommended for all couples.

To ensure enforceability, strict legal requirements must be met. By predefining asset allocation, prenuptial agreements help avoid legal disputes and foster transparency and mutual comprehension between partners.

It is a practical measure to secure one’s financial future and strengthen the relationship.

If you need assistance with family law matters, Andrews Family Lawyers can help.

What Is a De Facto Relationship in Australian Law? (Know Your Status and Rights)

Peter Andrews — Sun, 02 Jun 2024 19:14:37 +0000

Modern families come in all different shapes and sizes and vary from those just a generation ago when the majority of homes consisted of heterosexual marriage. As a result, the definition of spousal relationships according to Australian law has changed.

Today, couples in a de facto relationship have essentially the same rights as those in a marriage regarding financial and property settlement, dispute resolution, maintenance and parenting arrangements for children, provided a de facto relationship existed under the legal criteria.

What is De Facto Relationship?

A de facto relationship, whether heterosexual or same sex, is outlined in Australia by the Family Law Act 1975. It requires two people over 18 with a married relationship to live together on a genuine domestic basis.

The relationship is not defined as de facto if the couple is legally married or is in any way related to one another.

The law is in place to protect the increasing number of couples who cohabit without entering into marriage, sometimes for life.

How De Facto Relationships are Determined Legally?

There can be confusion around whether or not your relationship is classified as a genuine de facto because different government departments use the definition in varying ways.

Centrelink, for example, classifies a relationship as de facto as soon as a couple begins living together. Under migration law in Australia, however, a couple is classified de facto when they can prove to have lived together for at least 12 months.

When it comes to dealing with the Family Law Act following a relationship breakdown, there are a few criteria you can use to determine whether or not your relationship is classified as a de facto one. This will help you understand what your rights may be when it comes to financial and property settlement, maintenance, or rights to children.

The Court will evaluate the following criteria to classify a relationship as de facto. However, it is essential to remember that not all of these criteria must be satisfied to classify a relationship status as de facto.

The couple had a genuine romantic relationship, living together for at least two years.
There are children of the de facto relationship
The degree of financial aspects dependence between the parties
The degree of mutual commitment towards a shared life
Ownership, use and acquisition of property between the parties

It is also essential to understand that a de facto relationship may exist, even if one of the parties is legally married to another person or in a de facto relationship with another person.

Find Out: What Is a Binding Financial Agreement?

De Facto Vs Marriage (What is the Difference Between Them?)

Marriage is defined under Australian law by the Marriage Act 1961 and the Marriage Amendment Act 2017. It is defined as the union of two people, to the exclusion of all others, voluntarily entered into for life.

A de facto relationship, while not binding for life according to the law, often carries a similar weight regarding relationship breakdown, division of assets, and care of children.

While a married couple can prove their relationship by simply producing their marriage certificate, a de facto couple is often required to verify the genuine nature of their relationship, which can make this process more complicated.

When entering into a de facto relationship, it is essential to consider the legal and financial implications of this. You’ve likely heard of a “prenup” before. However, you might not know that they are also available under Australian law to de facto couples, not just couples entering into marriage.

De Facto Separation

In the event of a de facto relationship breakdown, it’s essential first to know that there is a time limit on claiming a de facto relationship under Australian law. You have two years from when the relationship ends to initiate court proceedings.

If you wish to claim after these two years, you must first seek permission from the Court. If this is the case, contact us to seek independent legal advice from an experienced lawyer to help guide you through this process.

Suppose your relationship ended after March 2009 and meets at least one of the above criteria to classify it as de facto. In that case, you can file a claim in the Family Court or Federal Circuit Court to begin the process of asset division, childcare arrangements, and financial dispute resolution.

The Court deals with de facto couple claims in the same way it would with married couple claims, so to apply, you must complete the same forms a married couple would begin the process.

De Facto Property Settlement

Much like when a married couple separates, if your de facto relationship ends, you can make a claim to divide financial assets and property between you and your former de facto partner.

As with married couples, you are not automatically entitled to a 50/50 split of assets. We will assess several criteria with you to determine what you may be entitled to, how long the process may take and the costs involved. We will consider the following:

What assets do the two parties have, either together or individually, including property, shares, bank accounts, partnership in a business, extended service leave;
The liabilities the parties have, including credit card debt, mortgages, tax implications, personal loans;
What contributions does each partner make to the relationship, including financial and non-financial, such as being the primary caregiver of children in the relationship and
The future needs of each party, including caregiving of children and financial markets.

Conclusion

Couples who live together without getting married are in a de facto relationship. They have similar legal rights to married couples, especially regarding property, parenting, and financial support.

However, to be considered de facto under Australian law, they must meet certain criteria. It’s important for couples to know their legal rights and consider formalising their relationship with a Binding Financial Agreement.

If you’re in a de facto relationship or considering one, it’s best to seek advice from family law experts to ensure your relationship is recognised by law and your rights are protected.

If you need assistance with family law matters, Andrews Family Lawyers can help.

Family Law – Andrews Family Law

7 Best Family Lawyers in Brisbane with Good Records

Summary Review of the Best Family Lawyers in Brisbane

1. Andrews Family Lawyers

(Results Driven)

Best Points

Best for

Key services

What their clients say

2. Michael Lynch Family Lawyers

Best points

Best for

Key services

What their clients say

3. Emerson Family Law

Best points

Best for

Key services

What their clients say

4. Barton Family Lawyers

Best Points

Best for

Key services

What their clients say

5. Kate Austin Family Law

Best Points

Best for

Key services

What their clients say

6. Cudmore Legal

Best Points

Best for

Key services

What their clients say

7. Grace Family and Collaborative Law

Best Points

Best for

Key services

What their clients say

What makes an effective family law firm?

Conclusion

Related articles

Child custody arrangements, do you understand the differences?

Documenting parenting arrangements

Informal arrangements

Court order

Types of Child Custody Arrangements in Australia

Legal custody

Parental responsibility

Physical custody

Joint custody

Full custody

Family violence

Conclusion

3 Ways to Resolve Financial Settlements During Divorce (What’s the Best Method for You?)

Key takeaways

The 3 Best Ways for Resolving a Property Settlement in Family Law

Mediation

Negotiation

Litigation

What is a financial settlement?

Consent orders

Step one

Step two

Step three

Step four

Binding financial agreement

A Collaborative Approach to dividing financial resources

Cost-effective

Time-efficient

Confidential

Direct Communication

Flexibility

Informality

Control

Privacy

Turning to the Court

Enforceable outcomes

Impartiality

Clear procedures