legal services

Queensland Law Society

Legal Aid Queensland

family law

Family Law covers issues concerning families and domestic relationships in general.  A lawyer can provide guidance about the specifics of Family Law and advise you as to your rights and responsibilities if you are faced with family problems, including parenting issues and the breakdown of relationships.

If you would like to talk to a lawyer about issues relating to Family Law, we suggest that you call us at our office to arrange an appointment.  The information below is provided for general reference.

divorce

Divorce is the legal procedure which ends a marriage. It does not however settle issues about property or children.

  • Separation
    A person cannot apply for Divorce until twelve (12) months after separation. If the Application is made less than two (2) years from date of marriage other special rules apply, including a requirement that the parties undergo professional counselling.
     
  • Grounds for Divorce
    The only ground for divorce in Australia is irretrievable breakdown of marriage. This is shown by separation for a period of twelve (12) months with no prospect of reconciliation.
    The twelve (12) month separation period must be either:-
    1. continuous; or
    2. for a total period of twelve (12) months apart, broken only by one (1) period of reconciliation of less than three (3) months.
     
  • Procedure
    An Application for Divorce is filed in the Federal Magistrates Court (the Federal Magistrates Court shares registry facilities with the Family Court) by either or both parties to the marriage. It is only necessary for one (1) of the parties to want the divorce.

property settlements

Courts have jurisdiction to deal with spouses' "financial matters", which are matters about property or financial resources of either or both of them.

A person’s "financial resources" include the following:

  • A prospective claim or entitlement under a superannuation scheme, retirement package or similar benefits;
  • Property that under a discretionary trust may become vested in or applied to the benefit of the person;
  • Property which is wholly or partly under the control of the person; and
  • Any other valuable benefit of the person.

The Family Law Act deals with all property matters including financial entitlements, shares and superannuation of married couples. The Property Law Act deals with all property matters involving de facto partners including financial entitlements, shares and superannuation.

For general informational purposes, we provide the following *guides for download:

parenting issues

The Family Law Act deals with all issues involving children living with a Parent and spending time with the other.

For general informational purposes, we provide the following *guide for download:

* The guides available for download are intended only as guides and do not constitute legal, financial, tax or duty advice. You should obtain your own advice on the subject of the Information Guide (please contact us to make an appointment with one of our lawyers). milburn guttridge lawyers cannot, and does not, guarantee the accuracy of the contents of the Information Guide. Nor does the firm attempt to provide information specific to your individual circumstances.