Brisbane North Family Lawyers – Handling Your Family Affairs with Diligence
When your family situation gets tough, it’s crucial to make arrangements to meet and consult with an experienced Brisbane North family lawyer. Consulting with a family law attorney helps you understand your legal position. You also get professional advice on the best options that you have.
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 minimize the legal process’s uncertainty and stress.
Brisbane Northside’s Leading Family Lawyers
Mostly, families have a hard time understanding their responsibilities and legal obligations when facing family issues. Our family lawyers Brisbane North team step in to ensure that your rights and interests are protected at each step of the process. Our history and experience in assisting Brisbane North families guide you through whatever dreadful family matter you are facing.
We fight hard for our client’s rights!
Our firm’s areas of family law practice include:
- Child Custody.
- Divorce and Separation.
- Consent Orders.
- Binding Financial Agreements (Prenuptial and Postnuptial Agreements)
- Property Settlement.
Consent orders are enforceable orders of written agreements between parties. They only become enforceable when they are filed, reviewed, and stamped by family law courts.
Consent orders contain information regarding agreements reached between parties/couples concerning:
- Property– Includes details that relate to cash payments (periodic or lump sums), superannuation splits and division of property.
- De-facto or spousal maintenance.
- Parenting– Includes decision making for children. Such decisions include modes of communication between children and parents or between the parents, travel arrangement, and the time each parent spends with the children.
Necessary Agreements before Consent Orders are Filed
Family law courts encourage divorcing or parents going through the separation process to collaborate to reduce the negative impact that children go through when their parents are going through a divorce or when they are separating. Our Brisbane North law firm understands how confusing and stressful separation or divorce can be to both parents and children.
Formalization of agreements between parents regarding their finances and children are the first to be handled. Once agreements are reached, parents can apply for court orders to Family Law Courts or Federal Circuit Courts (depending on how complicated your matter is). Agreements are stamped by the relevant court, after which they become binding and enforceable across Australia.
What’s the Importance of a Consent Order?
After consent orders are obtained, they become enforceable by family courts if either party does not keep the end of their bargain as spelled out in the consent orders. If the consent orders’ terms are breached, aggrieved parties can apply to family courts to enforce the consent order’s agreed terms.
Professional Divorce Settlement Lawyers Brisbane Northside Family Lawyers
Following the breakdown of De facto relationships or marriages, people should consider how they will divide their property. Property Settlements include the following:
- Family Homes
- Partnerships, companies, and trusts
- Investment properties
- Spousal maintenance
- Other assets such as motor vehicles and boats
Our team of Property Settlements and Family Lawyers in Brisbane North will guide you to seek fair settlements quickly. At times, our family attorneys assist clients in formalizing their agreements speedily and economically. We do this through the mediation process. During the mediation process, separating couples agree on the division of their assets and properties.
Where Property Settlements can’t be agreed during negotiations with Brisbane North family attorneys, family courts determine appropriate settlements after considering several factors.
These factors include:
- Assets and liabilities;
- Future needs of a divorcing/separating individual;
- Financial resources of a divorcing/separating individual;
- The level of non-financial and financial contributions each individual made to the family’s assets, properties, and welfare.
Mutual agreements are formalized through consent orders and financial agreements in family courts. By establishing the exact values of businesses, properties, and other assets, family lawyers and clients can determine real present market values of assets and properties under consideration — our family lawyers Brisbane Northside advise our clients on fundamental approaches to assist them in receiving fair outcomes.
Brisbane North Superannuation Splitting Family Lawyers
The Family Law Act recognizes superannuation as ‘property’ that can be divided between separating or divorce couples after their relationship breaks. This is commonly known as Superannuation Splitting.
Australian Superannuation Laws
In 1983, Australia introduced compulsory Superannuation. Since then, Australian citizens have accumulated considerable amounts in their super funds. Because Australian family laws consider superannuation as an asset, valuation and splitting of superannuation by separating or divorcing couples is crucial.
During assets division, clients are required to attribute accurate values of their super funds. A client’s ability to do this depends on whether his or her account is in the accumulation phase as well as the client’s superannuation policy. A superannuation valued at more than $5000 can be split.
Splitting Your Superannuation
A superannuation splitting process depends on individual circumstances. Most cases require separated couples to take the following steps:
- Superannuation evaluation– you and your ex’s superannuation’s value need to be evaluated before the splitting process can commence. If you aren’t a member of your ex’s superannuation fund, you may access his or her details by request. Some super funds charge a fee to provide this information.
- Applying for court orders– if superannuation agreements can’t be reached between separated couples, they should apply for a valid court order. Court-issued financial orders determine how superannuation should be split.
- Split your superannuation– when ex-partners are splitting their superannuation, it is essential for them to note that their super fund is not a cash asset. Some super benefits aren’t paid until the beneficiaries retire. What this means is that separated couples aren’t able to access their funds immediately. Instead, split amounts are ‘rolled-over’ to new superannuation accounts.
How Courts Split Superannuation
Family courts have different ways of deciding how to divide super funds between separated or divorced couples. The following are the most common ways:
- It’s possible to split super funds in any percentage. The court may favor the 50/50 split if a spouse has considerable amounts of super while his/her ex-partner has none.
- A spouses’ settlement could include a portion of his/her ex-partner’s superannuation.
- A spouse may receive a lesser share in assets and a more significant portion of superannuation.
Family Financial Agreements Brisbane Northside Lawyers
The Family Law Act allows de facto and married couples to take part in private financial agreements that can’t be reviewed by a family court. Financial agreements deal with how couples plan to divide their superannuation and properties, and assets in case of separation or post-separation.
Couples may enter into financial agreements:
- After divorce
- After separation
- During de facto relationships or marriage (Post-nuptial agreements)
- Before marriage (Pre-nuptial agreements)
Financial agreements are technical documents that can only be completed with the help of a North Brisbane lawyer. As expert family law attorneys, we provide our clients with legal advice at all stages of the agreement process
North Brisbane Child Custody Lawyers
Child custody is among the most challenging issue to resolve. Our firm’s divorce lawyers North Brisbane are family-oriented. They are understanding and compassionate when guiding their clients. They do this with their best interests, logic, and reason in mind to negotiate the best possible outcomes.
Our Brisbane Northside child custody lawyers inform clients about their rights and how to achieve them without hurting their semi-friendly relationships with the ex-partners. Clients are advised to resolve matters without involving the court through the ‘family dispute resolution’ process, which is compulsory in family law matters involving children. The process’s main advantage is helping ex-couples reach agreements quickly, and court costs reduction.
Our network of Brisbane North family lawyers also helps in drafting flexible parenting plans that allow children to adjust to their new lives before finalizing the child custody process. If you need us to help you resolve your family law issues, kindly get in touch with us by email or by calling our number.