Frequently Asked Questions
Our accredited family law specialists, Angela Tondelstrand and Liz Catton, have answered some of the most frequently asked questions below.
Every situation is unique, so if you’d like the guidance of an award-winning, leading family law firm, we encourage you to get in touch.
Divorce & Separation
You must demonstrate that your marriage has broken down irretrievably, evidenced by at least 12 months of separation. Applications are lodged with the Federal Circuit and Family Court of Australia.
Because of this, many people choose to resolve property matters before applying for divorce, avoiding unnecessary time pressures. However, delaying too long can affect your entitlements as circumstances change.
Yes. You can be separated while still living in the same home, provided you can demonstrate that the relationship has ended.
No. One party can apply for divorce without the other’s consent, as long as the legal requirements are met.
Separation is the end of a relationship; divorce is the legal dissolution of a marriage.
Property Settlement
No. There is no automatic split. Outcomes depend on contributions and future needs. Our family lawyers can assist with resolving property matters efficiently
All assets and liabilities are considered, including property, superannuation, businesses, inheritances, and debts.
Yes. Superannuation is treated as property and can be split between parties.
Yes. Full and frank disclosure is required under family law.
Yes. Most property settlements are resolved through negotiation or consent orders. A property settlement lawyer can help ensure all assets are properly identified and fairly divided.
Debts are considered part of the overall asset pool and are divided fairly between parties.
Business interests are included in the asset pool and may require valuation and specialist advice.
Yes, depending on timing and how the inheritance was used during the relationship.
In many cases, yes—particularly for real estate, businesses, or complex financial structures.
Mediation is usually the next step, followed by court proceedings if necessary. Our family lawyers can guide you through mediation and, if required, court proceedings.
Parenting & Children
It is the legal standard used to determine parenting arrangements focused on safety, wellbeing, and meaningful relationships.
Yes, depending on their age and maturity, their views may be considered.
No. Arrangements depend on what is safe and appropriate for the child.
Yes, but formal agreements provide greater certainty and enforceability. Our family lawyers can help formalise arrangements to avoid future disputes.
A written agreement between parents that outlines care arrangements but is not legally binding.
Court-approved agreements that make parenting or property arrangements legally binding.
Relocation usually requires agreement or court approval.
You may need to enforce orders through the Court.
The Court prioritises child safety and takes all forms of violence seriously.
Yes, if it is in the child’s best interests.
Financial Agreements (Binding Financial Agreements)
A private agreement that sets out how assets will be divided if a relationship ends.
Before, during, or after a relationship or marriage.
Yes, if strict legal requirements are met.
Yes. Independent legal advice is mandatory for enforceability.
Yes, in certain circumstances such as fraud, duress, or significant legal error.
De Facto Relationships
A relationship where a couple lives together on a genuine domestic basis without being married.
Generally yes, particularly in property and parenting matters.
Usually two years, though shorter relationships may qualify in certain circumstances.
Factors include cohabitation, shared finances, and public recognition of the relationship.
In Queensland, relationships cannot be formally registered in the same way as some other states.
Spousal Maintenance
Financial support paid by one former partner to another after separation.
No. Eligibility depends on need and the other party’s capacity to pay.
It may be temporary or ongoing depending on circumstances.
Yes, if financial circumstances significantly change.
It is generally not taxable income in Australia.
Domestic & Family Violence
It includes physical, emotional, psychological, financial, and coercive control behaviours.
Applications are made through the Magistrates Court.
No, but legal advice can help ensure your application is accurate and effective.
Yes, it is a key consideration in parenting decisions.
Seek immediate assistance from emergency services or support organisations and obtain legal advice.
Legal Process & General Questions
Not usually. Most matters resolve through negotiation or mediation.
A structured process where a neutral third party helps resolve disputes.
It depends on complexity and level of agreement between parties.
Costs vary depending on complexity and how quickly matters resolve.
Seek legal advice early to understand your rights and obligations and avoid common mistakes. Speaking with experienced family lawyers early can help you make informed decisions from the outset.