Experienced Family Law Specialist Serving Brisbane, QLD
An Overview of Family Law
In Queensland, families come in all shapes and sizes. The law recognises this by providing protection and support to families in a number of different ways. For example, the Family Law Act 1975 provides for the division of property and assets in the event of a relationship breakdown.
The Act also gives effect to parenting orders, which determine who a child should live with and who has responsibility for making decisions about their welfare. In addition, the act provides for the payment of child support and spousal maintenance.
Similarly, the Domestic and Family Violence Protection Act 2012 provides protection for victims of domestic violence, including by making it an offence to threaten or use violence against a family member. The act also gives victims the right to apply for a protection order, which can prohibit an abuser from coming near them or contacting them in any way. These are just some of the ways in which Queensland law recognises and supports families.
Is There a Difference Between De Facto & Family Law?
While once De Facto and Family Law were two separate areas of practice, they have since both been brought under the umbrella of Family Law.
The law provides for two types of families: those established by marriage, and de facto relationships. De facto relationships are defined as couples who live together on a genuine domestic basis, regardless of whether they are of the same or different sex.
In order to be considered a de facto couple, both parties must have resided in Queensland for at least six months. The law provides for many of the same rights and responsibilities for de facto couples as it does for married couples.
For instance, de facto couples have the right to property division if their relationship ends, and they are also required to provide financial support for any children of the relationship. De facto relationships must be registered in order to be recognized by the law.
This can be done through either a formal declaration or by obtaining a certificate from a registered relationship celebrant. Registered relationships confer many advantages, such as hospital visitation rights and the ability to make decisions about medical treatment on behalf of one's partner.
In Relation to Application for Divorce
In relation to an Application Divorce, the only ground for Divorce is irretrievable breakdown of the marriage. The only evidence the Court will accept to prove irretrievable breakdown of the marriage is the fact the parties have lived separately and apart for not less than twelve (12) months prior to the issue of the Application for Divorce.
An Application for Divorce is a completely separate Application, to that of a property settlement or parenting order, and the only possible outcome is the pronouncement of a Divorce Order.“ – something along these lines would be appreciated.
We’re Here to Help
We understand that relationship breakdowns and domestic violence situations can be traumatic and sensitive for those involved, especially young children. We approach all our cases with the highest empathy and with the view to helping you make the best of a difficult situation.