Family Law

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Family Law

Seeking a family lawyer doesn’t only happen when after a relationship breaks down. Whether you are considering a financial agreement (pre nuptial agreements) in case your relationship breaks down in the future, looking to adopt a child or considering surrogacy in Queensland; our Family Law team, led by Sarah-Jane MacDonald - Accredited Specialist in Family Law, are here for you and your family. These matters often arise when you are in a stable relationship, yet they can be daunting, overwhelming and technical when you are separated. MacDonald Law has an Accredited Specialist in Family Law, and thus have the skills necessary to lead you through the process.

When a relationship ends, it is the closing of one chapter; and the beginning of another. The legal process of separation is an opportunity to set up the beginning of your future separated relationship. Our team can assist you with the resolution of your parenting matter, division of your property, obtaining a domestic violence order or achieving a formal divorce. We understand that your family and their needs are different to any other family. That is why we offer bespoke advice specifically for your situation.

Our Approach to Family Law

Whether you are looking at arrangements for parenting, property division, spousal maintenance, child support, divorce or a combination of each of these: MacDonald Law are available to assist you. Not all family lawyers and law firms are the same, so it is important that you find one you can trust.

We understand that the breakdown of a relationship can be a difficult time. Our family lawyer, Sarah-Jane MacDonald, is able to professionally and sensitively sit down with you and consider your options and possible paths forward.

As a highly experienced family law practitioner in alternative dispute resolution methods such as arbitration and mediation, Sarah-Jane is able to explain and assist you to achieve a collaborative resolution of the matter without lengthy and expensive litigation before a Court.

We understand that each family is different and that is why our family law team will work with you to create a bespoke plan tailored specifically to you and your family. Whether your situation involves complex property matters, financial agreements, international family law, parenting arrangements, or other family law issues, we want to help you be completely satisfied and achieve the best possible outcome.

Initially we invite you to book an initial appointment. This enables our family lawyers to obtain a comprehensive overview of your situation and what you hope to achieve. Firstly our family law team will outline the principles of the Family Law Act and how they apply to you, identifying the options available, and provide comprehensive legal advice to you. Thereafter, our family lawyer will tailor a cost effective plan that suits you. We will then help you to navigate your family law matter so as to achieve a resolution that works for you and your family in all of the circumstances. Our professional family lawyer will be with you every step of the way.

Our family law team is based in Brisbane City and Toowoomba. However, our team service the entire East Coast of Australia for family law matters and across Queensland for protection order applications in the Magistrates Court.

With flexible payment arrangements available, we are always happy to discuss the payment arrangements. We understand that this can be a stressful time and we don't want legal fees to be the reason that you and your family don't have legally binding documents in place.

Resolution Focus

The early resolution of family law matters without the intervention of protracted litigation is going to help you and your family. If you are able to reach an agreement through an alternative dispute resolution process such as mediation or direct negotiation, then can achieve a more commercially sound outcome and you will have the benefit of input into the resolution. This means that you can have a say as to how the resolution is structured.

Any early resolution is able to be set out in a consent order, parenting plan, binding financial agreement, or other type agreements which our family lawyers are adept at drafting for you.

Collaborative family law processes are also able to assist a lot of families. This enables you to engage with psychologists, psychiatrists, accountants or other experts as part of your resolution process. In complex matters, this can be particularly helpful. Particularly, if the parties are motivated to amicably resolve a matter.

As a resolution focused family law team, we hope to assist you with your family law matter so you can reach a commercial outcome quickly. However, we understand it takes "two to tango" meaning that the consent of both parties in these separation processes are required for the early resolution of a family law matter. And sometimes, that just is not possible.

Rest assured, if your family law matter is not able to be resolved through a collaborative or alternative dispute resolution process, Sarah-Jane and the family law team at MacDonald Law have excellent advocacy skills and are knowledgeable in all things in, and outside of the Court room.

Our family lawyers are able to work with you to properly prepare your case, the evidence, witness statements, documents, expert material and anything else required. Proper preparation and an empathetic understanding of your situation will place you leagues ahead in any family law proceedings before the Federal Circuit and Family Court of Australia.

Our Ms Sarah-Jane MacDonald is also fully qualified as a Parenting Coordinator and regularly assists parents with their ongoing compliance with final Orders, and post separation communication. For more information on Parenting Coordination, you can click here.

Click here to book an initial consultation

Want help in a specific family law area?

Parenting Matters

Resolve parenting disputes so that your family can move forward

Property Settlement

Reach an agreement to divide property between you and your ex

During a Relationship

Also known as a pre nuptial agreement

Divorce

Formally apply for divorce so you can move forward

Areas we can assist you with

Adoption Applications
Child Support
Domestic Violence
Divorce Applications
Parenting arrangements
Property Division
Spousal Maintenance
Surrogacy

Frequently Asked Questions

What Courts do you appear in?

Our team regularly appear in the Federal Circuit and Family Court of Australia and do so in any location within any State or Territory of Australia, except Western Australia. Our team regularly appear in domestic violence matters before the Magistrates Court and can travel to any location within Queensland for these matters.

What information should I know or documents should I bring to my first appointment?

You may not know all of the relevant information or have all of the relevant documents. We understand that your relationship breakdown may have been unplanned or your circumstances may not allow you access to this information. If you do have access to it, we recommend:

Know where your money comes and goes from.
Bring a copy of any letter you may have received from another lawyer.
Copies of any statements, tax returns, or other documents you have about your finances;
Copy of any Court Orders or agreements you may already have; and
A list of any questions you may have.

What is a de facto relationship?

There is no hard and fast rule. To be considered a de facto relationship, the couple needs to have been in a "genuine domestic relationship".

When considering this, the Courts look at the length of the relationship, nature of the parties living arrangements, whether a sexual relationship exists, the degree of financial dependence on one another, degree of mutual commitment to a shared life, among other things.

How long after separation can I apply for divorce?

The parties must be separated for 12 months prior to applying for a divorce.

What is required to be proven for the Magistrates Court to grant a protection order?

The Court needs to find three things:-

1. That there was a relevant relationship;

2. That there was an act of domestic violence; and

3. That it is necessary or desirable for an Order to remain in place.

What is domestic violence?

Domestic violence is when one person behaves in a way that controls or dominates another person and causes fear for their safety and wellbeing.

Behaviours that amount to domestic violence can be:-

1. physical or sexual abuse—punching, hitting, choking, or threats to do so, rape, sexual assault, damaging property or threatening to do so, hurting or threatening to hurt pets;

2. emotional or psychological abuse—stalking, repetitive text messaging, insulting comments, name calling, blackmailing, preventing contact with family and/or friends, controlling someone’s appearance

3. economic abuse— withholding, controlling or misusing money, or threatening to do so

4. threatening behaviour—saying or doing things to make someone feel afraid, threatening to commit suicide or self-harm, stalking

5. coercive behaviour—forcing, intimidating or manipulating a person to do things they don’t want to do, such as sign a contract (e.g. for a loan) or a legal document giving another person power over their affairs (e.g. power of attorney).

There are other behaviours that can amount to domestic violence which can be situational.

Can I apply for a divorce without a lawyer?

In short - yes. We recommend that you obtain independent legal advice from a lawyer with experience in the family law field, at the very least.

Can a lawyer represent both parties?

No. It would be seen as a conflict of interest for a lawyer to represent both parties in any matter. A lawyer is engaged by a client to provide that client with legal advice about the options available to them and their circumstances specifically. If a lawyer was acting for more than one party, it can cause a conflict in the interests between both parties to arise.

We recommend that each party obtain independent lawyers with experience in family law matters to assist them.

What is family law?

Family law is a broad term to describe a number of other sub categories of the law. Family law includes parenting issues or custody disputes, property settlement, divorce, child support, spousal maintenance, surrogacy applications, adoption, prenuptial agreements.

Costs

$1,100 - $1430 professional fees for a standard Application for Divorce (depending on whether an appearance in Court is requried)

$2,200 - $3,300 plus GST – Parenting Plan where no negotiations required

$3,300 - $4,400 – advice on a pre-prepared Binding Financial Agreement

Payment plans available.

If you are having difficulty paying our invoices there may be options to assist you. Our firm is accredited with JustFund. In certain circumstances, JustFund can provide a loan to pay your legal fees and these funds are repaid once your property settlement is complete. Further information can be obtained from our firm.

Want to request an initial consultation?

Initial Consultation

Service above and beyond what I expected. With a very difficult and sometimes stressful seperation and divorce Sarah -Jane and Jacob plus the reception girls kept me on track throughout. Highly recommend them for the quality service and attention. - Kevin

I can't thank people at MacDonald Law enough for their help and support during my separation proceedings. They were always professional, compassionate and were always there for advice when needed. I would especially like to thank Sarah-Jane and Jacob for all of their assistance and hard work. I would recommend MacDonald Law to anyone needing assistance with family matters. - Cristina