Family Law
Divorce Lawyer Toowoomba: Family Law Services
Our dedicated and experienced family law team has the expertise to provide legal assistance and support during the difficult process of divorce. They can help you navigate all areas of family law, including Property settlements , parenting arrangements, and family violence.
We know these conversations and situations can be both difficult and emotional.
This is why we focus on giving you personalised advice for your unique circumstances. Addressing a family law matter with professional legal assistance can minimise emotional turmoil while ensuring your legal interests are protected. We will guide you every step of the way.
Our team cover all the essential aspects of protecting and securing your future with valuable insights on how to prepare for and navigate this challenging phase of life.
If you’re going through a separation or divorce and would like to know more about how we can make it right for you, contact us today.
Where are you now?
Things are good but I want to protect my future.
- Financial Agreements can be made before or during a relationship, about how property is to be divided in the event your relationship breaks down. This is often used to protect assets brought into a relationship and therefore avoid a costly argument later.
- Entering a new relationship or having children together? It’s time to update your estate planning.
I’m thinking about separation.
- Get legal advice early. As the saying goes, “forewarned is forearmed”.
- Begin gathering financial information.
- Do you have the funds to live separately? Talk to a financial advisor or the Department of Human Services. Do this sooner rather than later.
- Are you eligible to receive spousal maintenance or are you liable to pay spousal maintenance?
- Plan together how you will tell your children, without placing blame. If your children still see you as acting as a team and making decisions together, they can adjust better to their new lives with you.
I’m separated.
- If you’ve reached an agreement, we can help you finalise that agreement so that it is legally binding through a Consent Order or a Financial Agreement.
- It is essential that your agreement be formally prepared and signed in the correct legal way, otherwise your ex will not be bound by the agreement.
- Need help to reach an agreement – we can help you through advice sessions, collaborative law, lawyer-led negotiations, mediation, or Court proceedings.
- Be aware of time limits.
- It’s time to update your estate planning.
Areas of Expertise
Frequently Asked Questions
How does family law work in Australia?
The Family law Act in Australia governs matters like divorce, property, spousal maintenance and where appropriate, child support. Under the Family Law Act, it also covers the rights and responsibilities of former partners, including de facto couples, when separating.
A family lawyer helps guide clients through legal matters such as asset division, and parenting arrangements. Each case is unique, and working with experienced family lawyers ensures that you achieve the best possible outcome, whether you’re dealing with child support, divorce, property settlements and parenting children after separation.
What type of lawyer is best for divorce?
The best lawyer for divorce is an experienced family lawyer settlements, and parenting arrangements. These professionals also understand the complexities of domestic and family violence law and can help you resolve legal matters professionally and uniquely to your circumstances.
For those in Toowoomba, Kennedy Spanner Lawyers divorce lawyers can help ensure that your divorce process is straightforward and that you achieve the best possible outcome for you moving forward.
What are the requirements for divorce in Australia?
In Australia, the main requirement for divorce is a minimum of 12 months of separation from your former partner, which includes living apart while still under the same roof.
You must also prove the breakdown of the marriage is irretrievable. A family lawyer can advise on filing the application and address other legal matters like asset division, child support, and binding financial agreements.
What am I entitled to in a separation in Australia?
Entitlements vary based on your circumstances but may include property settlement, spousal maintenance, and parenting arrangements. Our lawyers can help clarify your specific entitlements.
Does Property Get Divided 50/50 in a Property Settlement?
Not always. While some people assume property settlements result in a 50/50 division, the Family Law Act requires the division to be just and equitable, which doesn’t necessarily mean equal. The court considers a range of factors, including the financial and non-financial contributions of each party, future needs, and care arrangements for children. These factors are unique to each case, and the outcome is tailored to the specific circumstances. A family lawyer can help you understand how these principles apply to your situation and work towards a fair resolution.
Will My Children Have to Live in a 50/50 Week About Arrangement?
Not necessarily. Parenting arrangements are determined based on what is in the best interests of the children. While a 50/50 shared care arrangement might work for some families, it isn’t suitable for everyone. Factors such as the children’s ages, schooling, parents’ work schedules, and the ability of both parents to cooperate and communicate effectively are considered. A family lawyer can help you navigate these considerations and advocate for an arrangement that prioritises the well-being of your children.