Family law for Queensland families.

The court follows a four-step process under s 79 of the Family Law Act 1975 (Cth) for married couples, and s 90SM for de facto couples. First, it identifies and values the property pool. Second, it assesses contributions, financial, non-financial, and as homemaker and parent. Third, it considers the future needs of each party: earning capacity, age, health, care of children, and the effect the relationship had on each party’s financial position. Fourth, it determines whether the proposed outcome is just and equitable. The High Court confirmed in Stanford v Stanford (2012) 247 CLR 108 that this last step is a positive requirement, not a presumption. The same framework applies to negotiated settlements finalised by consent orders.

Yes, and they are strict. For divorced couples, proceedings must be commenced within twelve months of the date a divorce order takes effect: s 44(3) of the Family Law Act 1975 (Cth). For de facto couples, the limit is two years from the end of the de facto relationship: s 44(6). Applications outside these limits require leave of the court, which is not always granted. Telling Fraser Lawyers early gives more options. If a deadline is approaching while negotiations are still underway, filing an initiating application as a protective step is an option worth discussing.

The court is required by Part VII of the Family Law Act 1975 (Cth) to make orders in the best interests of the child. The factors it must consider are set out in s 60CC, following amendments that commenced 6 May 2024. The former presumption of equal shared parental responsibility no longer applies. The court weighs the benefit of a meaningful relationship with both parents, the need to protect the child from harm, the child’s own views (given age-appropriate weight), and the capacity of each parent to meet the child’s needs, among other factors. Most parenting matters resolve by agreement, either a parenting plan or parenting consent orders, before a contested hearing is required.

A binding financial agreement (BFA) is a written contract under the Family Law Act 1975 (Cth) by which the parties agree how property and finances will be dealt with if the relationship ends. A properly executed BFA removes the court’s jurisdiction to make property and maintenance orders on the matters it covers. For a BFA to be binding, both parties must receive independent legal advice from their own separately retained solicitor, and each solicitor must sign a compliance certificate: s 90G (married couples) or s 90UJ (de facto couples). BFAs can be made before marriage, during a relationship, or after separation.

Yes. An application for divorce under the Family Law Act 1975 (Cth) is filed in the Federal Circuit and Family Court of Australia, which accepts applications from anywhere in Australia. Either party can apply, jointly or solely, after twelve months of separation. The application is procedural: it does not resolve property, parenting, or maintenance, which are separate processes with their own rules and time limits. Fraser Lawyers handles divorce applications as part of broader family law work, or on a standalone basis where that is all that is required.

Fraser Lawyers provides written costs disclosure before any work begins, as required by the Legal Profession Act 2007 (Qld). The disclosure sets out the basis on which fees are calculated, an estimate of the costs likely to be incurred, and the disbursements that are likely to arise. Family law matters under the Family Law Act 1975 (Cth) are charged on a time-based or fixed-fee arrangement, in line with the costs structure permitted by s 323 of the Legal Profession Act 2007 (Qld). Everything is explained in plain English at the outset.