Family law covers a variety of issues, including divorce, child support, marriage, prenuptial agreements, spousal maintenance in certain situations and adoption. Family lawyers are often assumed to handle primarily divorce cases; however family law also covers concerns of child welfare.
Family lawyers are often called upon to mediate problems within families and spare the grief and loss of financial resources if a court case is involved.
Farrellys is proud particularly of its Family Law Section, the largest single area of practice within the firm and with two Queensland Law Society Accredited Family Law Specialists and two other dedicated Family Law practitioners, our Family Law Section is able to offer clients the services of the largest most experienced and qualified Family law team north of Brisbane. Each of our senior Family Law practitioners is also an accredited Independent Children's Lawyer. Our practitioners are experienced advocates and appear regularly in the Federal Magistrates Court, Family Court, Supreme and District Courts and Magistrates Courts.
Our Family Law Group has the depth of expert experience qualified to look after your interests and those of your clients. The Family law Group practises exclusively in matrimonial Family Law and De Facto cases
We see our role as providing you with the advice that enables you to make the most appropriate decisions that will benefit you and your family in the event of family breakdown.
The Family Law team operates within the structure of a traditional firm of highly experienced lawyers practising in other areas of law.
Our Family Law group focuses on assisting clients to resolve issues in this most difficult and emotionally charged area of practice. We strive always to assist our clients to emerge as quickly as possible from the process with dignity. We approach our practice of family law with the sensitivity our clients expect in what is a most private and stressful situation. We focus always on doing our best to minimise the emotional and financial stress to our clients without compromising the outcome.
Our practitioners participate in Family Law training on a regular basis to ensure we are current with the many changes in Family Law and informed about the proposed direction of Family Law into the future.
de facto Relationship
A de facto relationship is a term used to describe the relationship between 2 people of the same or opposite sex who are living, or have lived together as a couple. The relationship must be based on intimacy, trust and personal commitment to each other.
After a de facto relationship has ended, a de facto spouse may apply to the Court for an Order adjusting interests in property of either, or both of the de facto spouses, but only if:
(a) The de facto spouses have lived together in a de facto relationship for at least 2 years, or
(b) There is a child of the de facto spouses who is under 18, or
i) the de facto spouse, who applied for the Order has made substantial contributions to property or financial resources of either de facto spouses, or to the family welfare of the de facto spouses, and
ii) Failure to make the Order would result in serious injustice to the de facto spouse.
Strict time limits apply in relation to de facto Property Settlement Applications and Applications must be made within 2 years after the day on which the de facto relationship ended. In certain circumstances the Court can grant leave to apply after this time but it is very difficult to obtain. Further the Court will only give leave if it is satisfied hardship would result to the Applicant or a child of the de facto spouses if leave is not granted.
De facto spouses can also make Agreements prior, during or following a de facto relationship. For Agreements to be binding the Agreement must meet the requirements set out in the "Property Law Act" for a "recognized Agreement". If there is a valid recognised Agreement in existence, the Court cannot make a Property Settlement Order inconsistent with the Agreement's provisions on financial matters unless:-
(a) Enforcement of the Agreement would result in serious injustice for a party to the Agreement or a child of either de facto spouses, or
(b) Because of circumstances arising since the Agreement was made, it is impracticable for the Agreement or part of the Agreement to be carried out.
We understand that many of our clients feel confident enough to negotiate a resolution with their former partner but need the reassurance that they are negotiating from a position of knowing they are being fair in their dealings with that partner. Perhaps the terms of an agreement have been negotiated between the parties and our client seeks an opinion on the fairness of that proposal before accepting that agreement. We offer a fixed fee consultation to our clients to enable them to determine their entitlements in their circumstances. You are welcome to make an appointment to discuss your particular circumstances. You are assured your case is treated with the utmost confidentiality at all times.
Our practitioners in this field are:
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