Not always. In Brisbane, many family law matters are resolved without needing to go to court. Courts are often seen as a last resort because the process can be costly, time-consuming, and stressful for everyone involved. Instead, most couples are encouraged to try to reach an agreement themselves through open discussion or with the help of family dispute resolution (mediation). This process involves a neutral third party who helps both sides talk through their issues and come to an agreement on things like parenting arrangements or property division.

If both parties can agree, this can be formalised into legally binding consent orders, which the court then approves. This means you get the protection of a court order without having to go through a full hearing. However, if negotiations or mediation fail, or if urgent protection is required, the matter may have to be resolved in court. In court, a judge will listen to both sides and make decisions based on the evidence and the Family Law Act. But because court hearings can be stressful and expensive, exploring other options first is usually a better path.

The court’s primary concern is the best interests of the child. It considers factors such as:

• The child’s right to a meaningful relationship with both parents

• The need to protect the child from harm, including family violence

• Each parent’s capacity to meet the child’s needs

• The child’s views, depending on age and maturity

• Any history of family violence or abuse

Under the Family Law Act, these principles apply across Australia, including Brisbane. Parenting arrangements can be resolved through agreement, but if the court becomes involved, it will make decisions based on what is safest and most beneficial for the child.

A Binding Financial Agreement (BFA) is a legal contract between partners that sets out how their finances, property, and other assets will be divided if their relationship ends. In Brisbane and across Australia, a BFA can be made before, during, or after a relationship or marriage. It is sometimes called a ‘prenuptial agreement’ or post-separation agreement depending on when it is created.

A BFA helps provide certainty and can prevent disputes by clearly outlining each person’s financial rights. It can include arrangements about property, superannuation, debts, and financial support. However, for a BFA to be legally binding, both parties must receive independent legal advice before signing. This ensures each person understands their rights and the implications of the agreement.

Whether you need a BFA depends on your personal circumstances. For example, if you have significant assets, complex property matters, or want to avoid costly court proceedings in the future, a BFA can be a useful tool. However, not everyone needs one, and the agreements must be drafted carefully to meet all legal requirements.

Family violence is taken very seriously by the courts in Brisbane and across Australia. If family violence is present, the court’s primary concern is protecting the safety and wellbeing of those affected, especially children. You may be able to apply for protection orders (also called intervention orders) through the Queensland Magistrates Court. In family law proceedings, allegations of domestic violence can influence parenting orders, property settlements, and the need for urgent court orders. If you are experiencing or fear family violence, it’s important to tell your lawyer and the court, so the right safety measures can be put in place.

In Brisbane, there is no fixed formula for dividing property. Instead, the court follows a four-step process under the Family Law Act:

1. Identify and value all assets and debts (such as homes, superannuation, loans, and savings)

2. Assess the contributions of each party (financial and non-financial)

3. Consider each person’s future needs (such as age, health, or who will care for children)

4. Work out a division that is fair and just in the circumstances

This process applies to both married and de facto couples. Property settlements can often be resolved by agreement, but court intervention is available if needed.

Yes, under certain circumstances, parenting and property orders made by the court can be changed, but it’s not automatic. To apply for a change, you generally need to show that there has been a significant change in circumstances since the orders were made.

For parenting orders, this might mean changes in a child’s needs, relocation of a parent, or new evidence about safety concerns. For property orders, it could involve changes in financial situation, discovery of new assets, or other relevant factors.

The court will only vary orders if it is satisfied the change is in the best interests of the child or it is just and equitable in property matters. Because changing court orders can be complex and involve legal risks, it’s important to get advice from an experienced Brisbane family lawyer before making an application.

Relocation cases can be some of the most difficult in family law because they involve balancing the rights of the parent to move with the child’s best interests to maintain relationships with both parents.

If a parent in Brisbane wishes to relocate with their child (for example, to another city or overseas), they generally need consent from the other parent or a court order permitting the move. If the parents cannot agree, the matter can be taken to the Family Court or Federal Circuit Court.

The court considers many factors including the reasons for the move, the impact on the child’s relationship with the other parent, the child’s views, and how the move affects the child’s wellbeing and stability. Courts try to facilitate arrangements that maintain meaningful contact with both parents, but each case is unique.

Because relocation matters are complex and emotionally charged, having experienced legal advice is crucial to understand your options and prepare a strong case.

In most cases, yes. Under Australian family law, de facto couples generally have the same rights as married couples when it comes to property settlement and parenting arrangements, including in Brisbane. To qualify for these rights, you usually must have lived together in a de facto relationship for at least two years, had a child together, or made significant financial or non-financial contributions during the relationship.

This means you can apply to the court for property division or parenting orders after separation, just like married couples. However, you must lodge any property settlement application within two years of separating, or you may lose your legal rights to seek a division.

The law recognises that many families are formed without marriage, and Brisbane courts treat these cases with the same seriousness. Parenting arrangements are also dealt with the same way regardless of whether the parents were married or de facto.

For your first appointment with a family lawyer in Brisbane, it’s helpful to bring any documents that relate to your relationship and your legal issues. This will help the lawyer understand your situation better and provide tailored advice.

Common documents to bring include:

• Marriage certificate or proof of your relationship

• Separation documents or correspondence if applicable

• Financial records such as bank statements, tax returns, pay slips, superannuation details, and loan or mortgage papers

• Property documents like titles or mortgage statements

• Information about children, including birth certificates, school or medical records

• Any existing court orders, agreements, or correspondence related to your family law matter

You don’t need to have everything perfectly organised—bring what you can. The first meeting is mostly about sharing your story, understanding your concerns, and discussing the best next steps. The lawyer will also tell you if more documents are needed later.