OUR FAMILY LAWYERS ARE DRIVEN TO MAKE A POSITIVE DIFFERENCE
Cudmore Legal is a prominent and respected family and divorce law firm, providing high-quality family law advice in Brisbane, Sunshine Coast, Gold Coast and surrounding areas.
Call us now (07) 3317 8346
We only advise on family law, which means each of our family law solicitors has a wealth of knowledge and experience in family law.
Family Law Services
Our family lawyers offer a full suite of family law services:
- parenting advice;
- property settlement and financial separation;
- superannuation splitting;
- divorce applications;
- consent orders;
- binding financial agreements;
- domestic violence;
- court hearings and trials;
- mediation representation; and
- general family law advice.
If you choose any of our family or divorce lawyers, you will be getting the support of an entire team. Our solicitors work closely together to ensure our clients get varied solutions, which, in turn, provides them with the best legal outcome in their case.
How we can help
Fresh Start Advice
If you have separated or are considering separation, we offer tailored and confidential initial legal advice, which we call fresh start advice.We offer this over the phone or in person.
You can expect to receive detailed legal advice specific to your situation, for example:
- how much is a fair % split;
- what parenting arrangements might be appropriate;
- how to formalise current parenting arrangements;
- what you should do with the family home, assets or super;
- how to proceed with or without lawyers.
This advice is 1-2 hours of legal advice to answer the family law questions unique to your situation, designed to set the path out of your current family law situation.
General family law advice
If you have a specific question or unique family situation, and you would like to have an in-depth discussion with one of our family lawyers, we offer a general family law advice session, useful for when you:
- have family court orders, and you want to discuss them;
- you want us to review a parenting plan or agreement;
- have an upcoming mediation and want advice on the process; or
- you would like some general family law advice.
It is to be specific and tailored advice to your unique family law situation.
Quick Phone Chat
If you have a simple family law question or would like to obtain a quote for our legal drafting services, we can offer you a quick family law phone chat.In a quick family law phone chat, you can expect to have a brief discussion with a divorce and family lawyer to speak about family law and your case generally.
We can, in some cases, provide a quote on:
- Brisbane divorce applications;
- consent orders; or
- binding financial agreements.
Upcoming Court Advice
If you have a court date coming up, our family court lawyers can discuss with you options, solutions and likely court outcomes.
We like to avoid Family Court, but when it is unavoidable, you should get legal advice. We can discuss with you your rights and options for:
- domestic violence hearings;
- interim parenting or property hearings;
- final parenting or property trials; or
- family lawyer arbitration hearings.
If you are interested in learning more about having initial advice with one of our family lawyers, please call us on (07) 3608 5116.
MEET THE LAWYERS
Brisbane Family Law Solicitors 2020
Legal Practice Director
Luke is an outspoken family law advocate. Luke ensures all family law matters meet high standards of quality and care across the firm.
Tayla is a passionate and well known Brisbane family lawyer with experience in complex financial settlements and child custody matters.
Sarah is a senior and versatile family and divorce lawyer. Sarah has a compassionate yet clear family law approach which is favoured by her clients.
Aaron is one of Cudmore Legal’s longest-standing lawyers. His clients love Aaron for his down to earth attitude and direct approach.
Amelia is a highly respected family law associate. Amelia is known for resolving conflicts in a calm and measured approach.
Hannah is an extremely friendly and compassionate family lawyer. Hannah is in-tune with her client’s emotions throughout their family law journey.
If you would like to talk any of our divorce or family lawyers, call us on (07) 3317 8346 or email [email protected].
HOW WE CAN HELP
How our Brisbane Family Law Firm can help you
A financial separation, often known as a property settlement is the formal legal end in family law matter. It is when two parties divide property by the family law act. Your property settlement entitlements and the best way to structure your property split is dependent on your family law situation. Contrary to popular belief, you are not entitled to 50/50 automatically.
When two parents separate, it can dramatically impact a child’s life—the best interests of the child are the most critical consideration in the child custody case. What is in the child’s best interest and what a parent wants can conflict, but the Family Court will only make orders for the child’s best interest. Parental rights aren’t the main concern or even necessarily a real legal principle considered by the Family Court.
Mediation is compulsory in family law matters and often required in property settlement matters. It is a less formal and more inclusive way to resolve a family law dispute. The mediator acts as a person helping to resolve the conflict inclusively, contrary to family court when a judge will decide on the conflict in a non-inclusive manner.
Binding Financial Agreements are complex family law documents that essentially override the Family Law Act and its relevant property provisions. If done properly, they are as good as Family Court orders. If they don’t get done properly, they can get overturned.
Divorce Applications can be made 12 months after separation. If you have been married for less than two years, but more than 30 days you will be required to attend counselling. You do not need the other party to agree to a divorce application. You can make the divorce application on your own, and this is called a sole divorce application. If the other party consents, you can make a joint divorce application. If you were married overseas, you need to make an international divorce application.
The Family Court of Australia or the Federal Circuit Court hears almost all family law matters. The local magistrate court hears domestic violence matters. Regardless of which Family Court you go to they have what the call’ court events’ these mean you may see a registrar some times, a family consultant at other times and a judge some times. You don’t necessarily need a lawyer at each court event; however, in most cases, it is a good idea.
To formalise parenting or financial arrangments parties will usually enter into a consent order or Binding Financial Agreement. A consent order is as strong as a court order, as it is a court order by consent. When parties enter into consent orders, it means parties have agreed to the terms of the order and put it before a registrar to seal it. Consent orders are the most likely outcome in family law cases.
Domestic violence is an area of law that is covered by state legislation. You can obtain a domestic violence order through the police, or you can apply privately for an order yourself or with the help of a domestic violence lawyer. Parties to domestic violence orders will usually begin with a temporary arrangement. The magistrate will then hear whether a formal longer order is required.
Child recovery orders can be made by the Family Law Court whether or not existing court orders are in place. If it is in the best interest of the child/ren a child recovery order will be given; often an order will also be accompanied by a location order (to search and locate a child), an interim parenting order (to stop the child getting retaken) or an airport watchlist order to keep the child in the country.
Sometimes known as prenuptial agreements, financial agreements pre-separation act as post-separation directions on what will happen with financial assets. There are many pros and cons of prenuptial agreements, and they can be costly if not done right. The main two legal aspects to a financial agreement include the actual deal itself and the independent certificate of advice.
What our Brisbane family law clients say
Our reputation speaks for itself.
Luke gave great confidence and reassurance in a time that was quite stressful. His guidance, calm demeanour and professional manner in handling my matter were amazing. We got the results we were going for. I would highly recommend Cudmore legal.
Family Lawyer Questions
Do I need to hire a family lawyer?
You don’t need to hire a family lawyer; you can self-represent. However, you should be aware that the costs of self-representing can be financial and emotional. Even armed with lawyers advice on what a good deal is, often in the back and forth of negotiation, client’s may get lost. Lawyers put them back on track. Not to mention it’s stressful going through a breakup. So no you don’t need to hire a family lawyer, but we don’t need to do many things ourselves, we do them because it’s convenient and sometimes it’s better to bring in the professionals to do a job.
What to say when you call a family lawyer?
When you call a lawyer the first time you will likely be speaking with a legal receptionist. Most law firms require an appointment to talk with a lawyer even briefly. Many law firms will require your name and the name of the other side, although they won’t contact them. They want this information to add to their records to ensure they don’t have any conflicts. Additionally, they will make a note of your call and the advice they give. They will often have the senior lawyer or legal practice director review that advice to ensure it was correct.
How do you find a good family lawyer?
You need to define what you think a good family lawyer is, is it an aggressive lawyer, a friendly lawyer or a calm lawyer? Almost every single lawyer has their good and their bad points. So when you are looking for a good family lawyer:
- Look at the firm as a whole;
- Family Lawyers often work together and discuss cases so consider the entire legal team;
- Most lawyers and individual law firms usually have some form of independent review sites, so look at those reviews;
- Don’t hastily choose the first law firm you find; and
- Go with your gut instincts but don’t be fooled by false promises or fancy marketing.
Should I tell my divorce lawyer everything?
Yes. You should tell your lawyer as much information as you can. You should tell your divorce lawyer even more information. While it’s true some of the things you think are relevant aren’t relevant to the case, it can foster the trust relationship, and the lawyer can understand each of your motives with that information. For example, it doesn’t matter if you or they cheated, some lawyers will cut people off immediately and say they don’t want to hear about it as it has no impact. However, some lawyers will take that information and further understand the reason for some peoples actions in a family law matter. So almost every detail even minor may be relevant in family law.
Should I hire a male or female family lawyer?
Whether you should hire a male or a female family lawyer is entirely up to you. You know yourself and what you are comfortable with, so choose who makes you feel comfortable. Have an open mind though and talk to the male or female lawyer first to see if you are comfortable. The truth is that the gender of the lawyer doesn’t make a difference to their capability just how comfortable you are with them.
What questions should I ask my family lawyer?
You should ask them what they would consider an ideal family law outcome and what they consider a realistic family law outcome in your case. Lawyers should give you both so that you can see the difference in scale. If lawyers talk only about ideal outcomes, you may feel they are selling what they can do for you; however, it could also mean they are confident in getting you the perfect result. Other lawyers won’t discuss ideal outcomes but will discuss realistic outcomes, as they don’t want to sell you what they can do and would first rather you have realistic expectations. Therefore if you ask your lawyer ‘what do you think I will actually get in this situation’ and ‘what do you think I will ideally get in this situation’, you will get a much deeper analysis and understanding of what a lawyer can do for you.
Family Law Questions
- How does the family court treat debts incurred after separation?The Family Court considers debts as genuine if they are for proper purposes. A good purpose might be to move out of the house or to pay for maintenance on an existing asset. If the debt is for gambling or another activity, then that debt is seen to be dissipating the asset pool. If a party wastes the asset pool after separation, then a lawyer might make what they call a ‘wastage’ argument.
- How are loans and gifts considered in family law?If something is a loan, then it will need to be paid back out of the property pool, whereas the property pool will include gifts. Disputes often arise as to whether an asset or money is a loan or a gift, and then if it is a gift whether or not it is a joint or sole gift. If it is a joint gift, it is a joint contribution; if it is a gift to one person, it is considered a sole contribution.
- Should you finalise your financial separation sooner rather than later?It is no secret those that come out of family law unscathed are those that reached a mutual agreement and formally documented that agreement early. Many separating couples are amicable at some point and agree on things without lawyers. However, it’s at that exact point separating couples need to inject some law into the agreement and formalise it.
- Can a binding financial agreement be overturned?Yes, a Binding Financial Agreement can get overturned for various reasons. These reasons include duress, improper execution, change of circumstances (you should review your binding financial agreement often); in fact; almost anything can overturn a binding financial agreement.
- Are assets received post family law separation included in the property settlement?Family law property settlements are not calculated on the date of separation but at the date of final orders or agreements. That means assets can be included in the property pool even if they get obtained post-separation. It depends on the type of asset as to whether it gets included in the property asset pool.
- How is family law reacting to COVID-19?The recent pandemic COVID-19 will have an impact across all facets of Australian society, including participants and solicitors in Family Law and domestic violence matters. The level of the effect, however, varies and ranges from minimal impact where parties have already sought Consent Orders, made an application for divorce or are not in Court, to a higher level of impact for those who have recently commenced proceedings before the Court.
- What to do when a parent takes a child without permission and won’t return them. Child Recovery Orders.You have many options when a child isn’t to your care. You have these options regardless of whether you have existing parenting orders or not. You can talk to the other parent, have someone else speak to them, or you can apply to the Court to have the child returned to you.
- What am I entitled to in a divorce or separation in Australia?You are entitled to whatever is fair. It varies relationship to relationship as to what the Court considers fair. When determining what is fair, the Court considers your initial contributions, your contributions throughout the relationship and your future needs.
- Family Lawyers Brisbane NorthsideWe have many Brisbane Northside locations. Our Brisbane North family law firm perfectly understands the family struggles people go through. To most, the emotional stress is unbearable. It’s for this reason that we do whatever we can to minimise the legal process’s uncertainty and stress.
- Do Grandparents have rights in family law?Generally, the Family Law Act encourages people to manage conflicts among themselves and to use legal processes as a matter of the last resort. Grandparent rights aren’t necessarily are thing nor are parenting rights. The only rights in family law are the rights of children to have what is in their best interest. However, it is possible in some cases for grandparents to make applications to the Court for parenting arrangements.
- Step by step separation checklistIt is useful to use a checklist, particularly when you’re in a heightened state of emotion.
- Sole Parental ResponsibilitySole parental responsibility usually goes hand in hand; however, they are not the same thing. Sole parental responsibility means to be entirely responsible for the long-term decisions of the children. Sole parental responsibility is having exclusive control over what religion the child is, what medical treatment they accept, what school they will go to, what diet they will have. It means absolute 100% responsibility for all significant life long decisions until the children attain the age of eighteen (18) years.
- What are the best apps for separated parents?For harmonious and healthy co-parenting, separated or divorced couples need to communicate effectively for the sake of their children, before their relationship reaches a comfortable balance, they must figure out a way to get in touch with each other in a way that doesn’t affect the calmness and stability of their children. The management of multiple daily schedules poses a challenge for parents who do not live together. At times, even the most polite and peaceful separated parents may find it hard to manage their time when it comes to staying updated about their children’s needs and schedules.
- Airport Watch listA child in Australia is unable to depart Australia without having the consent of both parents or those who have parental responsibility. To prevent the unauthorised removal of a child from Australia, a parent can apply to the Court for an order called an airport watch list order.
- Out of Time Property SettlementYou have a strict time limit of 12 months from that date of your divorce order to make an application to the Court for a property settlement. In de facto, you have two years to apply to the Court for a property settlement.
- When can a child choose which parent they want to live with, in Australia?There is no simple, straight answer that anyone can give you; and if someone has given you a flat age, they either do not understand the complexity of this issue or have decided not to share those complexities with you.
- How does domestic violence affect child custody?It depends on numerous factors as to whether a mother or a father will get to spend time with a child if there is a history of domestic violence. These factors rely on one question, is it in the best interest of the child to allow custody or visitation to the parent who committed the act of domestic violence, if it is in the best interests of the child than that parent will be allowed custody when the Court sees fit.
- How to save on legal costs in a family law matterWrite down your story and provide it to your lawyer before meeting them. This can save significant time and allows the lawyer to get to the main legal issues faster. Try to get a fixed fee where ever possible, most lawyers charge an hourly rate and will give you […]
- Duty of disclosure in Family LawAll parties involved in a family law dispute are required to provide to each party and the Court all information which is relevant to an issue in the case. If your case involves financial issues, then in addition to general disclosure requirements, you are required to provide full and frank disclosure. If your case relates to parenting matters, then you are under an obligation to provide each party involved in the case, all documents that may be relevant.
- Alternative Dispute ResolutionDisputes after relationships end are uncomfortable but are a regular part of the separation process. If you have previously done some research on Alternative Dispute Resolution, you may have noticed that there are a lot of different types of Alternative Dispute Resolution.
- How to negotiate a property settlementDepending on the size of the asset pool and your ex’s cooperation, a judge working out how property gets split is usually not going to be an excellent outcome for either party. The best result is by a negotiated settlement with the assistance of an experienced family lawyer, and this avoids the cost and uncertainty of court orders.
- When mediation fails – what’s next?If mediation fails, it can be extremely frustrating. In the rare case that mediation fails, there are still alternatives before you go to Court. Often working out why mediation fails will allow you to negotiate without going to Court.
- When mediation is not appropriateWhether or not mediation is suitable depends on your unique situation. You are required to mediate in parenting matters unless you can get an exemption. An exemption gets granted under particular circumstances like domestic violence.
- Can your child’s particular health condition – impact your child custody arrangements?In disputes over custody, sometimes the central issue in dispute can be a particular child’s health concern. Often, the child’s primary carer has been responsible for seeing specialists, dealing with the treatment for the health condition and administering medication. While one parent might have intimate knowledge of a particular state, the other parent might not be so knowledgeable.