Malcolm is joined by:
- Alexandra Richards and James Halliday, two young family lawyers who bring a fresh and forward-thinking approach to resolving disputes and producing excellent results for their clients.
We are here to support you and your interests. Throughout your family law matter, you’ll always receive frank and timely advice, backed by decades of experience.Our experience and reliability is why our family law clients within the Toowoomba community have trusted us for over 125 years.
What is Family Law?
People are always talking about family law, but not everyone knows what it means. Family law actually combines a few areas of law into one, including:
- How property is split up following divorce or separation (‘Property settlement’)
- How the care (or ‘custody’) of children is handled by separated parents or other family members (‘Parenting’)
- Regular payments (or ‘spousal support’) from one party to another following divorce or separation (‘Spousal maintenance’)
- Arguing for a change in child support payable, or other matters relating to child support (‘Child support reassessments’)
There are many types of issues that can fall under the broad term of ‘family law’. If your dispute has a family, matrimonial or a child-related element, our Family Law Team will be able to give you the advice you need in easily understandable terms, and in a timely fashion.
When you’re leaving a marriage or de facto relationship, you may need a property settlement to deal with your assets upon the breakdown of your relationship. A property settlement ‘settles’ and finalises the financial relationship between you and your partner/spouse. Finalising the financial element of your separation often relieves a great deal of stress and uncertainty.
Negotiating a property settlement can be a time consuming and stressful process, but it doesn’t have to be, with clear and direct advice from our family law team. Separating couples can record their property settlement in a private agreement, by way of a Binding Financial Agreement, or by approaching the Court for Consent Orders.
If you don’t properly record your arrangements, you may face a claim from your spouse to divide assets acquired well after your relationship has ended. That’s why it’s important to obtain proper legal advice at an early stage and follow the proper procedures from the outset.
Sometimes, in rare cases,the terms of a property settlement cannot be agreed upon. You may think you’re not getting what you’re entitled to, or you may think your ex-partner/ex-spouse is claiming too much. If this is you, come in and talk to us. We’ll ensure that you’re fully advised and aware of your entitlements, so that you’re able to make a fully informed decision about your property matters.
Whether you agree on everything, or you agree on nothing, we can help you get to where you need to be. Get in touch with our Family Law Team to meet with a local Toowoomba lawyer who can assist you with your family law matter.
Spousal Support and Spousal Maintenance
The Family Law Act states that a ‘party’ to a marriage or in a de facto relationship maybe eligible for Spousal Maintenance. Not everyone is entitled to spousal maintenance. If you fall into either of the following categories, however, you may have a claim:
- During your relationship you had to give up work to care for a child, and you’re therefore unable to re-enter the workforce, or lack the necessary experience to do so; or
- You’re unable to work due to health issues, such as suffering from a mental or physical disability.
Our local Toowoomba Family Law team will explain your rights, and help you move forward.
Parenting Plans and Parenting Orders (previously known as ‘Child Custody’)
We understand that when there are children involved in a separation, it’s not only hard on you, but also on them. Our Family Law Team will ensure that you’re provided with prompt and expert advice to ensure your children are impacted as little as possible, and you and your family are able to move forward.
A Parenting Plan can suit many parents when going their separate ways. A Parenting Plan sets out the parenting arrangements for your children by recording the terms that are agreed between you. Parenting Plans help in many situations, including newly separated parents who are unsure about their respective obligations for their children. This uncertainty can cause conflict and arguments, and a Parenting Plan can clarify in more detail what each parent needs to do. While a Parenting Plan is a good guide, it’s not legally enforceable in the same way as a Parenting Order, which is formal and approved by a Court.
If you are unable to reach agreement on your own, Wonderley & Hall’s Family Law Team can give you advice on the best way to proceed. Parenting Orders require an application to the Court, which we can advise you on and help you with.
There are all sorts of issues on which reasonable parents can disagree. We can help you get to the outcome that is in the best interests of your children. Wonderley & Hall’s Family Law Team can assist you with parenting disputes including:
- How decisions about children are made between parents
- Living arrangements for children
- Other parenting arrangements, such as who the child will communicate with
- Grandparents’ rights
- Step parents’ rights
- Whether children can travel overseas
- Relocation – if you or your ex-partner/ex-spouse wants to move away
- Name changes
- Surrogacy arrangements
- Child support – how much is the right amount.
Applying for a divorce
Our Toowoomba Family Lawyers can assist you with the required Court forms to apply for and finalise your divorce.
Please contact us if you have questions or would like to make an appointment for a confidential discussion. One of our family law solicitors will be happy to discuss your situation and explain exactly how we can help you.
Talk to the experienced Family Law Team at Wonderley & Hall to receive clear and expert advice.For over 125 years, we’ve been trusted by Toowoomba and Darling Downs locals to get the best results.
If you’d like us to do the same for you, please call our Toowoomba Family Law team on