Family Law

 

As long established Family Law practitioners, we strive to help you and your family navigate the confusing and emotionally draining Family Law system from day one.  We provide you with expert advice and guidance in relation to your children, and your finances upon separation.  We also assist with Binding Financial Agreements, divorce and mediation.

Children's Issues

At Finnigan Smith Law we are legal experts, but above all, we are parents.  Kristy has been through separation and divorce and come in to your matter with an understanding of the real-world issues facing you as a separated parent.  This also means that we genuinely care about your children and what happens to them after separation.  We work to ensure that your co-parenting relationship is as amicable as can be achieved during the separation process, whilst particularly striving to have a co-parenting relationship when proceedings are over.  That means that if you are looking for a law firm who will assist you to drag your ex-partner through court purely to punish them, we are definitely not the firm for you.  At the end of the day when children are involved, it is best for them when the adults in their lives can make adult decisions without adding to the stress and anxiety of separation.  We can, and will help you to do that.

 

We also understand that in certain circumstances, there are significant safety issues for parents and their children.  These issues are of paramount importance to us, and we will do out utmost to ensure that you and your children have the appropriate safety measures in place through the courts where appropriate.    

Property Issues

Protecting your assets upon separation can be fraught with difficulty if you are not aware of your rights and obligations from the beginning.  Often by the time you are considering formalising an agreement in relation to your property issues with an ex-partner, the situation has already become urgent.  

If you and your ex-partner agree to a division of your assets, we can assist you to prepare and file Consent Orders with the Federal Circuit Court of Australia, or the Family Court of Australia.  If you are unable to agree and Court proceedings must be started, we will assist you throughout every step of the process.

In Queensland, there are strict time limitations in relation to commencing proceedings for a property matter in the Family Law jurisdiction.  If you were in a de facto relationship, you must commence proceedings within two (2) years of the date of separation.  If you were married, you must commence proceedings within twelve (12) months from the date your divorce takes place, and you must be separated for twelve (12) months prior to applying for a divorce.  These are the maximum time limitations.  Keep in mind that you do not have to be divorced in order to commence proceedings.

Binding Financial Agreements

The Family Law Act 1975 provides for couples to enter into a binding legal agreement about financial arrangements should the relationship break down.  These agreements are colloquially known as 'prenups' or 'prenuptial agreements'.  

Binding Financial Agreements are one way of ensuring that assets are protected upon entering into a relationship.  They can be complex, and both parties must receive independent legal advice prior to signing the agreement.

 

Please contact our office on (07) 3180 8801 for a confidential discussion about your legal issue.