Brisbane Separation Lawyer

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Separation Specialist Lawyers

No one enters a relationship with a plan for separation in mind. No matter how amicably it's done, separation can be an overwhelming and distressing experience for all parties involved. It is often a time of uncertainty and stress.

Engaging the services of a specialist separation lawyer will help keep things in perspective, and allow you to make informed decisions that will make the overall experience smoother. Our team of separation lawyers in can help you navigate family law in the event that it does happen.

As family lawyers, we focus on empowering you with information and legal advice that will allow you to move forward with a clear understanding of the steps you need to take to secure a better future for yourself and your children. 

 

If you are thinking about a separation, or have already separated, you should contact us for advice about your rights and entitlements before agreeing to a financial settlement or arrangements for your children.

How we can help with your separation

An initial consultation will help you explore your options in terms of parenting arrangements and financial entitlements. We will also help you discover strategies for managing your situation with your partner and handling potential issues that will arise in the future.

Your situation is unique - we’ll understand you

Every family and every separation is different. There is no ‘one size fits all’ solution for relationship separation, which is why it’s best to seek out the support of family law solicitors when dealing with your own. We have witnessed how useful early intervention and good legal advice can be during the separation process. We know we can make a difference for your situation as well! 

When it comes to the legal aspects of your separation, don’t leave the outcome to chance. Save yourself the mental stress and anguish - contact us now so you can have a clearer idea on what you need to do to prepare for your life after this transition. Our family law services can help you get started in the right direction.

 

Family Mediation Services

When a couple separates, both parties might argue over property settlements, child support and other financial matters. Separated families are encouraged by the family law system to make their own arrangements for child care and support without having to go to court. In fact, it is compulsory under Australian family law for separated parents to attempt Family Dispute Resolution (FDR) before applying to a family law court for parenting orders.

In general, mediation will allow for compromise and negotiation in matters involving family law, which may include financial settlements and arrangements for children. Family mediation is cost-effective, and it does not necessarily necessitate the use of a lawyer. You will also be able to resolve your disagreement in a couple of days rather than months.

Family mediators specialise in reaching negotiated resolution through agreement. Family law mediation aims to settle family disputes out of court, resulting in much lower cost and time involvement for all parties involved.

It will help you and your former partner come to an agreement about these aspects of your separation with the guidance of a professional family law solicitor, who will ensure that everything is done correctly and within the appropriate legal parameters.

All family mediation will occur in a confidential setting, where our mediators will help each party convey what’s important to them. Our mediator will help you and your former partner identify issues that need to be resolved, discuss possible solutions, and reach an agreement about finances, property, or parenting plans.

A family law solicitor will help you draft your mediation agreement into enforceable court orders, and will guide you through the process of reviewing, revising, and eventually preparing the agreement for signing so you can both move forward with clarity.

Need an experienced mediator over your family matters? Talk to us today on how we can help.

 

“I would highly recommend Jennifer. She was very professional and helped me get the results I wanted and more. It was quite an emotional 7 months but she was always there to motivate me and keep going. You brought peace back into our home. The late nights you stayed up to help me prepare for court days and the early mornings you got up to make sure everything went well, the days you checked in to make sure I was mentally okay. I will always be thankful to you. Thank you so much Jennifer. I couldn't have done it without you.”

- Monique.B

 

Frequently Asked Questions

To allow for more time to deal with your specific circumstances during our initial consultations, we’ve prepared this handy FAQ that covers some general topics and help you understand the process a little better before meeting with our team for family law or mediation services.

  • Yes, separation can certainly be achieved without a lawyer. However, the complexities of financial settlements and children’s arrangements can be incredibly overwhelming, particularly on top of an already stressful situation. We highly recommend that anyone planning a separation or in the midst of one, retain a lawyer if only to achieve best practice advice about family law matters.

  • It is compulsory under Australian family law for separated parents to attempt Family Dispute Resolution (FDR) before applying to a family law court for parenting orders.

    However, there are some exemptions to this requirement, including:

    • when you are formalising an agreement through ‘consent orders’

    • where family violence or child abuse is a factor

    • when you are responding to an application to court

    • urgent issues

    • a person is unable to participate effectively (for example, due to incapacity or geographical location), or

    • a person has contravened and shown a serious disregard for a court order made in the last 12 months.

  • Mediation is designed to reach a legally enforceable separation agreement for both parties that will benefit the family as a whole. In general, mediation will allow for compromise and negotiation in matters involving family law, which may include financial settlements and arrangements for children.

  • Also known as Family Dispute Resolution (FDR) , family law mediation assists parties make decisions about property, finance, or children.

    It will help you and your former partner come to an agreement about these aspects of your separation with the guidance of a professional family law solicitor, who will ensure that everything is done correctly and within the appropriate legal parameters.

    All family mediation will occur in a confidential setting, where the mediator will help each party convey what’s important to them. The mediator will help you and your former partner identify issues that need to be resolved, discuss possible solutions, and reach an agreement about finances, property, or parenting plans.

    A family law solicitor will help you draft your mediation agreement into enforceable court orders, and will guide you through the process of reviewing, revising, and eventually preparing the agreement for signing so you can both move forward with clarity.

  • Family mediation is completely confidential, and nothing said during mediation can be used as evidence in court. There are some exceptions, of course. This includes reports of child abuse, a threat to someone’s life, or the admission of a crime.

  • Mediation is usually faster, more affordable, and less stressful than going to the Family Court. You and your former partner can reach an agreement on family and financial matters confidentially with the help of a mediator to manage the discussion.

    However, where there is a history of family violence parties are exempt from the requirement of attending mediation before applying to the Court for Parenting Orders. In this case, a mediator will grant you a certificate so you can go straight to the Family Court.

    Should you still decide to engage in mediation but fear for your safety during the process, we can discuss different strategies with you in order to keep you safe throughout. This may include doing the mediation in separate rooms, online, or by phone.

Talk to us for compassionate and helpful advice for your next steps

Let us assist you with your Separation Law Matters and help you understand your next steps