Family Law Brisbane

Contesting A Deceased Estate If you believe that a deceased friend or family member’s Will does not reflect their last wishes or are concerned with the circumstances and nature of an updated will, you may challenge the validity of the Will. This situation commonly arises where the deceased friend or family member may not have been in the right state of mind to understand what they were doing, or if a fellow family member has manipulated the person’s wishes. To begin the proce

Many couples move in together believing that living together immediately creates a 50/50 entitlement to each other’s assets. It’s a common misconception, and one that can cause unnecessary anxiety or poor financial decisions. In reality, Australian family law takes a far more nuanced approach. Living together does not instantly merge your property interests. Any entitlement that may arise does so gradually, based on contributions and how the relationship develops. Living toge

What is Restorative Justice? Restorative justice is the principle of diverting offenders to rehabilitative services such as pre-court mediation, community conferencing between the offender/victim and engaging with specialised programs to reform criminal behaviour. The principles of restorative justice Queensland are reflected within a multitude of different legal instruments, such as the Youth Justice Act 1992 (Qld), the Penalties and Sentences Act 1992 (Qld) and the Criminal

When clients come to James Noble Law for guidance on divorce, they’re often surprised by how many deadlines sit quietly behind the process. Divorce in Australia is largely administrative, but it is also highly procedural. Missing a date, filing late, or overlooking a service requirement can derail an otherwise simple application. If you are applying for divorce in Brisbane, it is essential to understand these timeframes, especially the service deadlines. They don’t just affec

Divorce and pets: Who Gets Animals in Divorce Proceedings? As animals have become an integral part of modern relationships, it is important to understand what happens to your pets during the separation and divorce proceedings. Given that one or both parties may have special connections to their pets, the decision of who gets the primary care of the animal can sometimes be tense and lead to hostile situations. Some of the situations regarding Animals During Divorce Proceedings

Understanding control, beneficial interest and the significance of Caldwell & Caldwell [2026] FedCFamC1A 81. Family trusts have long been used in Australia to preserve wealth across generations, protect assets and manage tax outcomes. But when a relationship breaks down, the question becomes sharper: can trust assets be treated as “property” in family law proceedings? The Full Court’s decision in Caldwell & Caldwell reshaped the answer. It puts the spotlight on who controls t

Healthy and meaningful relationship Last year a Court dispute between Brad Pitt and Angelina Jolie resulted in the Superior Court of Los Angeles County imposing an order for the five children to spend more time with their father. When providing reasons for the judgment, the Court provided “it is critical that each child have a healthy and meaningful relationship with both parents”. The new order changes the original full-time custody arrangements in favor of Jolie to allow Pi

The term lifestyle clause has grown in popularity over recent years. It’s something that is trending with first-time newlyweds; as well as those who have walked down the aisle before. So what is a lifestyle clause? It’s about locking in a variety of terms and conditions before the big day in an attempt to avoid misunderstandings and conflict of interest down the track. These clauses are often added as addendums in a prenuptial agreement and are in addition to things like the

Separation is a major turning point in people’s lives: emotionally, practically and legally. Yet one of the most overlooked parts of this transition is the need for financial finality. Without it, former partners stay financially tied together long after the relationship ends. That can expose them to future claims, tax consequences and avoidable costs. What financial finality really means Financial finality is the point at which your financial relationship with your former pa

Problems while Drafting A Will? Your last Will and Testament are perhaps the most important document you will ever sign. As the nature of this document is so important, it is necessary to ensure drafting a will is done correctly so any assets collected over your lifetime are properly accounted for. Assets such as superannuation, life insurance, and shares of jointly held assets (such as the family home) do not automatically fall into your estate when you pass away. Furthermor

Binding Financial Agreements (BFAs) are a well-known part of Australian family law. They are often used to set out how property will be divided if a couple separates. But once overseas assets or a move overseas enter the picture, a common question comes up: does a BFA still hold weight outside Australia, and can it actually protect assets held overseas? The short answer is that BFAs are powerful within Australia. Their effect overseas depends on the laws of the country involv

Electronic Signatures in Australia In today’s society, most documents used in day-to-day business can now be filled out and signed electronically. The Electronic Transactions (Queensland) Act 2001 (ETA) is the legislation that governs the permitted use of electronic signatures. Although the ETA does not include a comprehensive definition of what constitutes an ‘electronic signature, this term usually encompasses images displaying the person’s signature, typed name, or some ot

Confidence in the justice system depends on one core principle: judges must be impartial, and must be seen to be impartial. In family law matters, emotions run high and decisions can permanently affect children, finances and futures. Even the appearance of bias can undermine trust in the outcome. So when does concern about a judge’s conduct move from discomfort to a legally recognised reasonable apprehension of bias? And what does the law actually require before a judge can b

Do it for the kids. Separation and divorce are tough on everybody involved, and it can be even harder on children. While adults are often struggling to understand what went wrong, the kids often have no idea why their beloved parents are separating and no longer want to live together. Here we’ll look at a few tips to try and help your children through the process. Try and Maintain a Civil Relationship Some relationships end on mutual terms, and some people even remain friends

Brisbane Family Lawyers – James Noble Law at Business South Bank interview Charles Noble (Brisbane Family Lawyers) at James Noble Law in Brisbane was interviewed at the Business Southbank Showcase 2018. One of the key differences between James Noble Law and many of our colleagues at other law firms is our attention toward technology. We offer our clients an easy way to keep up to date on their matters and communicate with our lawyers whenever the need arises. From asking a qu

When a relationship ends there is a lot of focus on the pain and strain of separation and divorce, as well as negotiating parenting plans, child visitation rights, and the division of property, assets, and liabilities. Of course, all of these things are extremely important, but what about the pets law? Who gets to keep the family’s beloved cat or dog? Many people these days think of their pets as furry little children. They are just as important as any other family member and

What Is Family Law Mediation All About? Family law mediation is becoming an increasingly more recognisable term when it comes to matters of family law Brisbane. But what exactly does mediation entail and do you even require it? How is mediation really going to help? Let’s discuss this in more detail. Mediation is all about problem-solving and finding agreeable solutions when it comes to all matters pertaining to separation, divorce and child custody arrangements. Rather than

What about the Children? Considering the Psychological Impact of Family Breakdown on Children. The way parents handle a separation can have a huge impact on how well their children cope with it. Research has shown that children from families where parents are involved a high conflict separation are at greater risk of developing emotional, social and behavioural problems. Parental conflict has a negative impact on a child’s adjustment and sense of safety at a time when they a

Joint Collaborative Mediation with a collaborative trained solicitor and psychologist I am an Accredited Family Law Specialist. Over the many years that I have been in practice I have been involved in all facets of Family Law Brisbane and in all areas of Family Law mediation varying from the basic Legal Aid Conferencing to participating in mediation as a lawyer to clients and in the capacity as a mediator. I have observed legal professionals acting as mediators and have obs

How to Handle Co-Parenting Challenges During the Holiday Season? The holiday season is supposed to be a time of togetherness and joy. In particular, children are able to experience the wonderment of the Christmas celebrations in a way that is very unique. However, since family members may not always get along, holiday family gatherings can bring out conflict, stress and even more tension. When splitting the responsibility of parenting it is important to minimise conflict. Her