Family Lawyers 
Toowoomba

We are Queensland’s largest specialist family law firm with offices in Toowoomba, Brisbane, North Lakes and Ipswich

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Best Wilson Buckley Family Law Response to COVID-19
I’m thinking about separation.

Separation

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Parenting

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I’ve got so many things to consider.

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We’re Experts in Family Law.

The Largest Specialist Family Law Firm in Toowoomba, QLD.

We’re experts in family law. We’re also quite simply, a collective of unique humans that connect with you on a personal level, at a personal time, to guide you on your bespoke, specialised, holistic path to resolution and your new future.

How Our Toowoomba Family Lawyers Work

You have spent a lot of time and energy forging a path for your family and don’t want to jeopardise all of that despite where you might find yourself now. At the heart of who we are and how our Toowoomba family lawyers work is the need to protect you and your children for now and the future, and to honour what it is that you have worked so hard to build without compromising that through unnecessary conflict.

The well-being of your children and your future financial security demand a lawyer who knows everything about divorce law so that you don’t have to compromise on what that future looks like now.

Together we will craft a more meaningful outcome for your future. With support from a cultivated network of financial advisors, accountants and therapists where it is needed, as well as through our relationships with fellow legal practitioners to achieve that outcome in the best possible way for you.

Our Expert Family Law Lawyers in Toowoomba

At Best Wilson Buckley Family Law, Our expert family law team is the largest in Queensland, made up of family lawyers in Toowoomba, Brisbane, North Lakes and Ipswich. You and your family lawyer have access to a depth and breadth of experience unlike any other, and at any time you will always have two points of contact within our office so you do not have to wait for timely advice and support when you need it most.

Your Separation Pathway.

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Watch Our Latest Family Law Videos

Our legal videos are designed to help you better understand family law issues and how they relate to your circumstances.

By Samantha Chai | Separation

Thinking about separation?

When considering whether to separate from your spouse or partner, there are some big ticket questions to consider before proceeding with the separation process. Below we list a few practical...

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By Kiara Greenway | Domestic and Family Violence Issues

Do I need a lawyer… to help with my DVO application?

The breakdown of a relationship is often a difficult time for all involved. Sometimes the emotions associated with the end of the relationship may be exacerbated by incidents of domestic...

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By Lynn Armstrong | Parenting matters

Negotiating Christmas

Around this time every year, family lawyers are working hard, trying to sort out Christmas festive season time and changeover arrangements for families. While these will, of course, be different...

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By Joanna Maloney | Separation | Wills and Estate Planning

Family Separation – Why Do I Need a Will Now More than Ever?

If you’re going through a separation, the world as you know it is no doubt shifting dramatically. There are certain chapters of your life that need to close with some...

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By Samantha Chai | Separation

Thinking about separation?

When considering whether to separate from your spouse or partner, there are some big ticket questions to consider before proceeding with the separation process. Below we list a few practical...

read more

By Joanna Maloney | Separation | Wills and Estate Planning

Family Separation – Why Do I Need a Will Now More than Ever?

If you’re going through a separation, the world as you know it is no doubt shifting dramatically. There are certain chapters of your life that need to close with some...

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By Max Sutton | Podcasts | Separation

The “What Next” Factor

In this edition of “We Need to Talk,” Family Lawyer Max Sutton talks with Best Wilson Buckley, Director & Accredited Family Law Specialist, Kara Best on “what next” the following...

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By Georgia Dight | Divorce | Parenting | Property settlements

Does Fault Matter in Family Law?

One of the most common misunderstandings when it comes to family law is that the conduct of a party has relevance to divorce, property settlement matters or parenting arrangements. In...

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By Kara Best | Divorce | Separation

Divorce Story Podcast – Key Takeaways as Recommended by a Family Lawyer

We wanted to share a fantastic recently released podcast, Divorce Story, which offers some great insights on how to best to navigate a civil relationship with your former partner. Here...

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By Best Wilson Buckley Family Law | Divorce

The Blame Game

The breakdown of a marriage is often a painful, difficult, and emotional time, regardless of the specific circumstances that surround the separation. It’s not surprising then, that these heightened emotions...

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By Samantha Chai | Property settlements | Spousal Maintenance

Time Limitations

If you are considering seeking a property settlement or spousal maintenance under the Family Law Act, unfortunately, you don’t always have the luxury of doing this when you’re ready or...

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By Georgia Dight | Divorce | Parenting | Property settlements

Does Fault Matter in Family Law?

One of the most common misunderstandings when it comes to family law is that the conduct of a party has relevance to divorce, property settlement matters or parenting arrangements. In...

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By Georgia Dight | Property settlements

Pros and Cons of Delaying Your Property Settlement in the Current Environment

In these financially uncertain times, it is important to consider how coronavirus may possibly impact your current or future property settlement. If you are negotiating your property matter, there are...

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By Lynn Armstrong | Parenting matters

Negotiating Christmas

Around this time every year, family lawyers are working hard, trying to sort out Christmas festive season time and changeover arrangements for families. While these will, of course, be different...

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By Lynn Armstrong | COVID-19 | Parenting matters

Negotiating Changes to Parenting Arrangements in a Changing World

There can be no dispute that the ever changing world that we now find ourselves in has had the result of straining co-parenting relationships, particularly where the situation may have...

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By Kara Best | COVID-19 | Parenting | Parenting matters

The Court’s Response to Resolving Parenting Disputes in the COVID-19 Climate

So, after a few weeks of navigating the family law system in this unprecedented health crisis, some much needed guidance on how COVID-19 is going to impact parenting arrangements has...

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By Best Wilson Buckley Family Law | Family Dispute Resolution | Property settlements

The Season of Goodwill

The Christmas and New Year season will soon be upon us again. Most of us will have echoed the comment “Where did the year go?” 2016 has been an eventful...

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By Best Wilson Buckley Family Law | Family Dispute Resolution | Parenting matters

Do’s and Don’ts for the Holiday Season

2016 is almost a distant memory and most, if not all of us, have wondered where the year has gone. At this time of year, it can be quite busy...

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By Best Wilson Buckley Family Law | Family Dispute Resolution | Parenting matters | Separation

What Does the “Best Interests of the Child” Really Mean?

The term, “in the best interests of the child” is used widely in family law. But what does it mean in the context of shared parenting? In considering such matters,...

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By Kara Best | Family Dispute Resolution | Parenting matters | Separation

Do the Children’s Wishes Count in Family Law?

Recent coverage surrounding family law cases has raised the question for some parents as to whether their child’s wishes are something that would be considered in a family law proceeding....

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By Best Wilson Buckley Family Law | Mediation

Judicial Mediation – A New Development

A number of new developments in the Family Court system were introduced as of 1 January 2019 and in this article, we take the opportunity to consider Practice Direction 1...

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By Kara Best | Family Dispute Resolution | Mediation | Separation

What you need to appreciate about the Court Process

Often when tensions are high, a frustrated former spouse might threaten the Court process “see you in Court” “I’m taking you to Court” “Let the Judge decide” and variations on...

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By Best Wilson Buckley Family Law | Collaborative law | Family Dispute Resolution | Mediation

What are Pre-Action Procedures?

It goes without saying, but often its the case that you’re going to save yourself a whole lot of money, stress and pain if you and your partner or ex-partner.......

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By Amity Anderson | Binding Financial Agreements | Consent Orders | Videos

What are Binding Financial Agreements?

  In this video, Legal Partner and Accredited Family Law Specialist, Amity Anderson discusses Binding Financial Agreements (BFA) and how they may be useful in your circumstance.  

watch the video

By Amity Anderson | Binding Financial Agreements | Consent Orders | Videos

What are Consent Orders?

  In this video, Legal Partner and Accredited Family Law Specialist, Amity Anderson discusses consent orders and how they may be useful in your circumstance.  

watch the video

By Best Wilson Buckley Family Law | Binding Financial Agreements | Videos

What You Need to Know About BFA (Prenups)

In this video, Family Lawyer Sarah Donnelly discusses what you need to know about the Binding Financial Agreement (Prenups).

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By Neal Wood | Relocation | Videos

What You Need to Know about Parenting and Relocation

In this video, Family Lawyer and Senior Associate, Neal Wood discusses all the things you need to consider about relocation.

watch the video

By Kiara Greenway | Parenting matters | Relocation

Relocating With Children part 1

Relocating with children Part 1: 50-200 kilometres Kiara Greenway, Paralegal and Law Clerk A variety of different circumstances, such as employment opportunities or other significant changes, can result in a...

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By Kara Best | Parenting matters | Relocation | Separation

Cultural Complexities

In recent weeks, Australia has been captivated by the tragic story of Sally Faulkner and her Beirut based children, aged 5 and 3.  Irrespective of your feelings in relation to...

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By Kara Best | Parenting matters | Relocation | Separation

The Dilemma of Relocation

A relocation dispute in the context of parental separation, is often one of the most painful areas of litigation. Almost consistently both parents are committed, and loving parents, whom simply...

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By Alecia Featherstone | Surrogacy

Fast Facts About … Surrogacy

Surrogacy is one of the most heart-warming parts of practising in family law, however it is also an area that can be fairly unfamiliar and a little bit daunting to...

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By Alecia Featherstone | Surrogacy

Just one bad egg? When Surrogacy Goes Wrong.

Altruistic surrogacy is often one of the most beautiful parts of our area of law. I understand however many of you may hold a very different view, after reading articles...

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By Kara Best | Parenting matters | Surrogacy

Surrogacy

More recent publicity surrounding a number of celebrity surrogacy arrangements has highlighted the role of Surrogacy in allowing infertile couples the opportunity to share in the joys of parenting. Surrogacy is effectively the act of a woman carrying a child to term with a view to surrendering care of that child to another party following his or her birth.

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By Max Sutton | De Facto Law | General

What is the Difference Between De facto Relationship & Marriage?

Relationships in contemporary Australian society are marked by changes to our social dynamics, such as the ever increasing population and growth of our multicultural and inclusive society. Yet there are...

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By Best Wilson Buckley Family Law | De Facto Law | Divorce

My True Love Gave to Me… a Diamond Ring

When we look at the old colloquialism that the engagement ring should be worth about three months salary, you can’t help but wonder what happens to the ring if the...

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By Best Wilson Buckley Family Law | De Facto Law

What is a De Facto Relationship?

“When does a de facto relationship start?”, is a question I often get asked. The reason that it is a common question is that there are different definitions for different...

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By Amity Anderson | Spousal Maintenance | Videos

What is Spousal Maintenance?

  In this video, Legal Partner and Accredited Family Law Specialist, Amity Anderson discusses spousal maintenance and how it may be applicable to your circumstance.  

watch the video

By Samantha Chai | Property settlements | Spousal Maintenance

Time Limitations

If you are considering seeking a property settlement or spousal maintenance under the Family Law Act, unfortunately, you don’t always have the luxury of doing this when you’re ready or...

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By Amity Anderson | Spousal Maintenance

The Reality of Spousal Maintenance

Estranged wife claims $20,000 a month and $6,500 for groceries! New York art dealer ordered to pay spouse $100 million for 13 years! LA Dodgers’ owner’s wife claims $1 million...

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By Best Wilson Buckley Family Law | Child Support | Parenting matters | Spousal Maintenance

Supporting an Adult

The government-based Child support scheme ceases to operate after a child turns 18. One notable exception to this is when a child turns 18, and they are still attending secondary...

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By Cassie Boland | Child Support

What is a Child Support Agreement?

Agreements in relation to child support can be formal or informal. Some parents prefer to have an informal child support agreement between themselves rather than having Services Australia (formerly the...

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By Cassie Boland | Child Support

Who supports the children?

During a relationship, it is never disputed that both parents support the children, whether it be physically, emotionally or financially. After separation, however, the question of who has to support...

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By Neal Wood | Child Support | COVID-19

Child Support and COVID-19

In recent times, we have written extensively with respect to the various impacts upon family law of the COVID-19 pandemic. While all the signs now seem to be that governments...

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By Best Wilson Buckley Family Law | Child Support | Family Law

A New Beginning or Change for Change’s Sake

The joint parliamentary inquiry into family law and child support was announced by Prime Minister Scott Morrison on 17 September 2019. The Prime Minister announced that the inquiry would be...

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By Kara Best | Collaborative law | Separation

Collaborative Law in South East Queensland

Collaborative Practice in South East Queensland continues to build momentum, no doubt partly due to the growing need for a less litigious, angry and disrespectful means of achieving property settlement....

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By Best Wilson Buckley Family Law | Collaborative law | Family Dispute Resolution | Mediation

What are Pre-Action Procedures?

It goes without saying, but often its the case that you’re going to save yourself a whole lot of money, stress and pain if you and your partner or ex-partner.......

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By Kiara Greenway | Domestic and Family Violence Issues

Do I need a lawyer… to help with my DVO application?

The breakdown of a relationship is often a difficult time for all involved. Sometimes the emotions associated with the end of the relationship may be exacerbated by incidents of domestic...

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By Lynn Armstrong | Domestic and Family Violence Issues

Impacts of Domestic Violence on Children

Domestic violence is a frequently discussed subject in the media and courts. It is, unfortunately, something that occurs in many households, whether it happens for the first time around separation...

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By Best Wilson Buckley Family Law | COVID-19 | Domestic and Family Violence Issues

Family Violence in Times of COVID-19

A friend asked me on the weekend why there was so much concern about family violence at the current time. In an effort to explain the impact of the current...

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By Best Wilson Buckley Family Law | Domestic and Family Violence Issues

Domestic Violence Protection Orders

If you have found yourself in the position of needing protection from domestic violence or, alternatively, facing the prospect of being subject to a protection order, you may need to...

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By Best Wilson Buckley Family Law | Adoption | Family Law

Adopting in Queensland

Katherine Marshall, Senior Solicitor If you are considering adoption, we have good news! The Queensland Government has recently amended the Queensland adoption laws to broaden the category for those able...

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By Max Sutton | estate planning | Family Law | Podcasts

Family Law & Estate Planning

In this edition of “We Need to Talk,” Best Wilson Buckley Family Lawyer, Max Sutton talks with Estate Planning Lawyer, Jo Maloney about the relationship between family law and estate...

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By Max Sutton | Podcasts | Separation

The “What Next” Factor

In this edition of “We Need to Talk,” Family Lawyer Max Sutton talks with Best Wilson Buckley, Director & Accredited Family Law Specialist, Kara Best on “what next” the following...

read more

By Amity Anderson | Binding Financial Agreements | Consent Orders | Videos

What are Binding Financial Agreements?

  In this video, Legal Partner and Accredited Family Law Specialist, Amity Anderson discusses Binding Financial Agreements (BFA) and how they may be useful in your circumstance.  

watch the video

By Amity Anderson | Binding Financial Agreements | Consent Orders | Videos

What are Consent Orders?

  In this video, Legal Partner and Accredited Family Law Specialist, Amity Anderson discusses consent orders and how they may be useful in your circumstance.  

watch the video

By Amity Anderson | Spousal Maintenance | Videos

What is Spousal Maintenance?

  In this video, Legal Partner and Accredited Family Law Specialist, Amity Anderson discusses spousal maintenance and how it may be applicable to your circumstance.  

watch the video

By John Patterson | Family Law | General

Do I need a lawyer?

What’s black and looks good on a lawyer? A Rottweiler. It can sometimes be hard to imagine anything worse than experiencing the breakdown of a family or a marriage, particularly...

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By Madeline Dowling | About Us | General

Our Year in Review 2020

Every family has their traditions. For Best Wilson Buckley Family Law, it’s looking back at the financial year that was and acknowledging the work we have accomplished as a team...

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By Kara Best | Family Law | General

Seeking a Second Opinion in your Family Law Matter

For many, the recent lockdown has afforded an opportunity to slow down, and potentially the chance to think more clearly and certainly more deeply about what might be going on...

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By Georgia Dight | General

Managing Social Media During Separation

With social media being an ever present factor in most people’s lives today, it is important to consider how you should manage your social media activity, and the impact it...

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Frequently Asked Questions About Family Law

I have just separated – what next?

If you have just separated, there are few important things you will need to consider. These include:

  1. If you have children under the age of 18, what should happen with their parenting, living arrangements, and their support? How can you and your former spouse create an amicable co-parenting relationship that meets the needs and best interests of the children?
  2. What should happen with any jointly owned property or debts, and how can you safeguard your future financial security?
  1. If there has been any domestic or family violence, what protection do you need for yourself and/or your children?

You should also identify your support network – those people and professionals who will guide and assist you through the separation. These can be lawyers, accountants, your GP, counsellors/psychologists, friends and family.

While the idea of consulting a Toowoomba family lawyer may be daunting, this is an important first step because they will help you to understand the legal implications of your separation and assist you to create an action plan for meeting your needs and obligations with regard to the issues above, empowering you to take control of the situation.

When can I get a divorce?

Before applying for a divorce, it is a requirement that you and your former husband/wife have been separated for a period of at least 12 months. However, that this does not necessarily mean you have been living in separate households for 12 months. It may be, for example, that you and your partner separated, but continued to live under the one roof for a period of time. This is commonly referred to as “separation under the one roof”. If this is the case, it will be necessary to file an affidavit of yourself, and possibly other family members and/or friends, which contain evidence that supports that you and your partner have, in fact, been separated and lived separate lives per se for a period of at least 12 months.

Do I have to support my spouse?

The overarching aim of property settlement is for separating spouses to extricate themselves from each other financially, insofar as that is possible.

There are some financial obligations, however, which may be ongoing depending on your personal circumstances and that of your spouse and any children of the relationship.

In some cases this can include an obligation to pay spousal maintenance. (Child support is a separate issue to the question of support for a spouse by way of spousal maintenance.)

Spousal maintenance is financial support paid by a party to the relationship to their spouse (or ex-spouse) so that they can adequately support themselves. The court can order spousal maintenance to be paid periodically for a specified time frame, or in a lump sum, depending on the circumstances. The obligation can arise for parties who were married and for de facto spouses.

Any obligation to provide ongoing financial support to your spouse after separation will depend on a variety of factors, including each party’s income, their reasonable ongoing expenses and needs, the assets they will retain after separation, and their care and support of children of the relationship.

There is no automatic right to ongoing maintenance. The party seeking spousal maintenance must show they are unable to adequately support themselves, and that the other party is reasonably able to provide them with support. Generally, an obligation will only arise where there is significant disparity in income earning potential of the parties.

What will a court consider when making a spousal maintenance order?

The courts are not limited in what they can consider and have a very wide discretion. Some of the factors that will be considered include:

  • the care and control of the children under the age of 18 years;
  • the age and state of health of the parties;
  • the capacity for gainful employment;
  • the income, property and financial resources of each of the parties;
  • the commitments of each of the parties to support themselves and other persons;
  • the eligibility of the parties for a pension, allowance or benefit;
  • a standard of living in all the circumstances that is reasonable;
  • whether payment would increase the earning capacity of the other party;
  • the rights of any creditors;
  • any contribution to the income, earning capacity, property and financial resources of the other party;
  • the duration and impact of the marriage on the parties;
  • the nature of cohabitation with any other person;
  • the terms of any property settlement;
  • the child support payable and being paid;
  • the terms of any binding financial agreement;
  • any fact or circumstances in the opinion of the court that the justice and equity of the case requires to be taken into account.

Can I make an agreement with my spouse without going to court?

Yes. In some circumstances you may need to formalise your agreement with an appropriate document, but that does not necessarily mean that you need to go to court.

An agreement about parenting arrangements for children does not need to be formally documented. If, however, you would like to have a formal arrangement in place for your children, we can assist you with a parenting plan or orders in relation to your children. Both documents can be effective and neither necessarily requires that you go to court. Whether a parenting plan or an order is best suited to you and your family will depend on your particular circumstances, so it is always best to get legal advice prior to proceeding with either document.

An agreement in relation to property settlement matters should usually be formally documented even if you have reached an amicable agreement with your partner. Again, however, that does not mean that you need to go to court. We can assist you to document your agreement in a financial agreement or an order. Your goals and your particular circumstances will influence our advice as to which document is most appropriate.

What is the best way to sort out arrangements for the children once we have separated?

If possible, try to come to an agreement with your former partner. If you can agree, then write this agreement down. This can agreement can form a “parenting plan”.

What is a parenting plan?

A parenting plan is a written agreement, signed and dated by both parents, or people involved. It is best to get legal help if you have children under 18 years.

Do I need to go to court?

No. If you can agree on care arrangements for the children after you have separated, you do not need to go to court. However, if you want the agreement to be legally enforceable, you can apply to the court for orders by agreement. These are called consent orders.

The family law system encourages people to try to agree, if they can. Family dispute resolution can be cheaper than going to court, and more flexible.

What if there is no agreement?

If you and your former partner cannot agree as to the care arrangements for the children, you can apply to the court for a parenting order. You will have to attempt family dispute resolution before you apply for a parenting order, although there are some exceptions to this.

A parenting order can set out where the children live, who they have contact with, and other issues such as where they will go to school. The court’s main concern is for the children. The court will decide what is in the children’s best interests and will consider the children’s views. You will have to go to a court hearing if both parties cannot agree.

Does it make a difference if we were not married?

No. The Family Law Act applies to all children of all relationships.

Parents (including same-sex parents), grandparents or anyone concerned about a child’s welfare can negotiate parenting plans or apply for parenting orders.

Can grandparents and other family be involved?

Yes. Where it is in the children’s best interests, grandparents and extended family can be included in family dispute resolution, parenting plans or court orders.

How often can I see my children if they do not live with me?

There are no set rules about the time children spend with their parents after separation, and there is no presumption that children will spend equal time with both their parents.

The Family Law Act requires that when making decisions about a child, their best interests are to be regarded as the paramount consideration. In determining what is in a child’s best interests, currently our legislation emphasises the concept that children benefit from a meaningful relationship with both of their parents, provided this does not put children at risk of harm. The law therefore requires parents and courts to consider children spending as much time as possible with each parent as is consistent with their safety.

If your children do not live with you, generally, and unless there are grounds to believe that a parent has engaged in family violence, a court will consider whether the children spending substantial and significant time with you is in their best interests and reasonably practicable.

Substantial and significant time generally requires the child to spend time with the other parent on weekdays, weekends and holidays, and for that parent to be involved in the child’s daily routine and occasions / events that are of particular significance to the child.  Reasonable practicability refers generally to the capacity to implement such arrangements and its impact on the child.

If both of those conditions are not satisfied, the court can then make any order that it considers appropriate and in the best interests of the children.

Ultimately, how often you see your children if they do not live with you will be determined by a number of matters. We invite you to contact one of our specialist Toowoomba family lawyers to discuss how these matters might be assessed in your circumstances.

Who has to support the children?

Both parents have an obligation and a duty to continue supporting their children post-separation. This is regardless of whether the children live in an equal time arrangement, whether they live primarily with you, or whether they spend time with you and live with the other parent.

Notwithstanding the time arrangements that are in place for children post-separation, each parent has an obligation to make day to day decisions and arrangements for the children whilst they are spending time with them.

With regard to the financial support of the children post-separation, both parents have a duty to financially support children under the age of 18. Arrangements for financial support of children post-separation are governed by Services Australia (the government agency responsible for assessing, collecting and transferring child support payments). Alternatively, parents can reach their own agreement in relation to the financial support of the children post-separation.

Can I change my children's name?

A birth certificate is the official record of a child’s name. In Queensland, all births must be registered in the Queensland Registry of Births, Deaths and Marriages and, once registered, you will be issued with a birth certificate.

Usually, parents can agree on the name recorded on the birth certificate, but if you can’t agree, or you want to change your child’s name at a later stage, there are legal options available.

To officially change a child’s name on their birth certificate, both parents must apply to the Registry of Births, Deaths and Marriages. In Queensland, this can be done if the child’s birth (or adoption) was registered here, or if your child was born outside of Australia, but now lives in Queensland. If their birth is registered in another Australian state, you’ll need to contact that state’s registry.

The following limits apply for changing your child’s name:

  • first names – once in the first 12 months after birth and then once before the child reaches 18;
  • surname – once every 12 months.

If you’re the only parent shown on the birth certificate, or if the other parent is deceased, you can change the name in the registry on your own.

It is not illegal to start using another name for your child without officially registering the name change unless a court has ordered the child be known by a specific name.

How do I change my children’s name if the other parent won’t agree?

A child’s name is one of the important issues parents are expected to agree about.

If no agreement can be reached between the parents as to a change of name then you will need to make application to a court to determine the issue.

If there are family law proceedings currently before the Federal Circuit Court or Family Court of Australia, you can apply to that court to change your child’s name or for a decision about what name can be used.

If, however, there are no ongoing family law proceedings you should seek advice from an experienced Toowoomba family lawyer as you will need to consider the nature of the application and what court, whether in a federal or state jurisdiction, is more appropriate.

How will our property be divided?

After separation there are a number of ways your property may be divided. You and your former partner may be able to agree some or all matters yourselves. Others may require the assistance of solicitors or a mediator to help facilitate discussions in order to reach an agreement. In some circumstances, an application to, and determination by, the Federal Circuit Court or Family Court may be required.

There are very few absolutes in determining what a fair property settlement may be in each case. The process itself, however, generally follows the pathway set out under the Family Law Act, which provides for:

  1. identification of the asset pool, that is, the assets, liabilities and superannuation forming part of the property pool;
  2. consideration of the relevant contributions (that is, financial, non-financial, parenting and home maker) at the commencement of and during the relationship;
  3. consideration of the discretionary future needs factors under relevant provisions of the Act; and
  4. arriving at an outcome which is just and equitable (fair) in the circumstances.

How the combination of factors and circumstances specific to your relationship will impact on a fair property settlement are best addressed with one of our experienced family lawyers in Toowoomba. There are also time limits to consider and we recommend obtaining advice about those matters at an early stage to ensure your rights are protected.

If you are just starting out in a relationship or have significant assets that you wish to protect in the event of separation there are also planning types of financial agreements which can be prepared to give effect to any agreement you may reach with your partner before, during or after the end of the relationship.

We can also assist you to ensure that any agreement you have reached directly with your former partner can be documented in a legally binding way to ensure that each of you have certainty moving forward safe in the knowledge that the other party cannot seek to revisit an agreement at a later time.

Are there time limits for applying for property settlement or spousal maintenance?

Under the Family Law Act, any application for property settlement or spousal maintenance must be filed within 12 months of the date of your divorce becoming final. For de facto relationships, any application for property settlement or spousal maintenance must be filed within two 2 years of the date of your final separation.

If you wish to file an application for property settlement or spousal maintenance outside of these time periods, you must first seek the leave (permission) of the court to file the application, which is not always guaranteed and may be costly. The court will usually only grant leave to apply outside of the time limitation if they are satisfied that either hardship will be caused to the applicant or a child, or the applicant would be unable to support themselves without some form of income or allowance. You must also provide the court with reasons as to why you did not make an application prior to the time limitation. Ultimately, the court has wide discretion for granting this permission to apply out of time.

We recommend that you apply sooner rather than later to avoid this uncertainty and potentially expensive process.

Can I revert to my maiden name following separation?

You are always legally entitled to use the name on your birth certificate, whether you are married, separated or divorced. You only “lose” the right to revert to your maiden name if there was a need to change your name by formal registration (often called “deed poll”) in order to effect the change (something routinely required where marriage has taken place overseas). A formal name change will be required in that instance to revert to your maiden name.

Where you have simply assumed your married name (which occurs in the majority of cases), you can revert to your maiden name prior to divorce with the use of your birth certificate and marriage certificate (documents which effectively establish the origin of the previous name change and the basis for the reversion). There may be some institutions that will require a divorce order before facilitating any change, but the Australian Passports Office, Medicare and Queensland Transport will not require proof of divorce. As three core identifying documents, most other institutions will thereafter alter your name on their records upon production of your passport, drivers licence or Medicare card (or alternatively simply your birth certificate).

There are some very good reasons for retaining a married name and, equally, for resuming your maiden name. Ultimately, the decision is a personal one.

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