Answers to common questions about family law in Queensland

jnflbrisbane
Aug 6
3 min read

Top 10 Family Law Questions Answered by Experts at James Noble Law

1. What is family law and what does it cover?

Family law in Australia deals with legal issues involving relationships, children, and property after separation. At James Noble Law, we provide advice and representation in matters such as divorce, de facto relationships, child custody, parenting arrangements, property settlements, and spousal maintenance.

2. How do I start divorce proceedings in Queensland?

To apply for a divorce in Queensland, you must have been separated for at least 12 months. The application is made through the Federal Circuit and Family Court of Australia. You can apply jointly with your spouse or individually. We can assist you with completing and filing the necessary paperwork.

3. What are my rights regarding child custody?

The court prioritises the best interests of the child when determining parenting arrangements. We help you negotiate parenting plans or seek court orders if necessary.

4. How is property divided after separation?

There is no fixed formula. The division depends on various factors, including financial and non-financial contributions, length of the relationship, and each party’s future needs. At James Noble Law, we work to ensure a fair and equitable outcome tailored to your situation.

5. What is spousal maintenance?

Spousal maintenance is financial support paid by one spouse to the other after separation or divorce. It may apply when one party cannot adequately support themselves. Factors include income, age, health, and care of children. We can help you understand your rights and entitlements.

6. Do I need a lawyer if my separation is amicable?

Even in amicable separations, it’s important to have legal advice to ensure any agreements are fair and legally binding. We can help you formalise agreements to avoid future disputes.

7. How long does a family law matter usually take to resolve?

This depends on the complexity of the case and whether matters are contested. Some issues can be resolved in weeks through negotiation or mediation, while court cases may take several months. We aim to resolve matters efficiently and without unnecessary delays.

8. Can I change a parenting or property order later?

Yes, but only in specific circumstances, such as a significant change in circumstances. The court must be satisfied that the change is in the best interests of the child or justified in the case of property orders. We can assess your case and advise on next steps.

9. What should I bring to my first consultation?

For your first meeting, it’s helpful to bring:
- Personal identification
- Marriage certificate or relationship details
- Any existing court orders or legal documents
- Financial information (assets, debts, income)
- Questions or concerns you want to discuss

10. How much does family law advice cost?

We offer an initial free consultation to understand your situation. After that, we provide transparent fee estimates based on the complexity of your matter. Fixed-fee services may be available for some agreements or applications.

Still have questions?

Contact James Noble Law today for personalised legal advice you can trust. 07 2112 3947 | team@jamesnoblelaw.com.au

Need Legal Help

Choosing the right family law firm is a critical decision that can significantly impact the outcome of your case. James Noble Law’s extensive experience, client-focussed approach, and commitment to amicable resolutions make them a distinguished choice for those seeking family law services in Brisbane.

No-obligation 20-minute consultation. We have Qualified and Experienced Family Lawyers Brisbane at James Noble Law.

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