Experienced Family Lawyers in Toowoomba

Separation and Divorce

Separation can raise important questions about children, property, finances, living arrangements and ongoing responsibilities. We advise married and de facto clients about the legal consequences of separation and the steps that may be needed to finalise their matter. This includes advice about divorce applications, separation under one roof and arrangements made during the period immediately following separation.

Divorce legally ends a marriage, but it does not automatically resolve parenting arrangements, property settlement or financial support. These issues may need to be dealt with separately, and important time limits can apply. Obtaining advice early can help you understand what should be addressed now and what can be finalised later.

Parenting Arrangements and Parenting Orders

After separation, parents often need to make decisions about where their children will live, how much time they will spend with each parent and how important decisions will be made.

Our family lawyers help parents and other family members address matters involving:

• Parenting plans
• Consent orders
• Parenting orders
• Living and care arrangements
• Time spent with each parent
• Parental decision-making
• Relocation
• Recovery of children
• Grandparents and other significant family members
• Allegations of family violence, abuse or risk
• Breaches of existing parenting orders

The best interests of the child are the central consideration in parenting matters. Where appropriate, we help clients explore negotiation and dispute resolution before court proceedings are considered.

Although “child custody” is still commonly used as a search term, Australian family law generally refers to parenting arrangements, parental responsibility and the time children spend with each parent.

Property Settlement

A property settlement determines how assets, liabilities and financial resources are divided following the breakdown of a marriage or de facto relationship.

Property settlements can involve more than the family home. Depending on the circumstances, the asset pool may include:

• Residential and investment properties
• Bank accounts and savings
• Superannuation
• Businesses and companies
• Family trusts
• Farms and rural assets
• Vehicles and personal property
• Investments
• Mortgages, loans and other liabilities
• Inheritances and financial contributions

Our family lawyers assist with property settlements ranging from straightforward agreements to complex matters involving businesses, trusts, companies and multi-generational farming enterprises.

As part of a full-service law firm, our family law team can work with Wonderley & Hall lawyers across commercial law, property law, rural law, litigation and estate planning when a matter crosses into these areas.

De Facto Relationships

People in eligible de facto relationships may have rights and responsibilities relating to property settlement, maintenance and parenting arrangements. Whether a relationship is legally recognised as de facto can depend on several circumstances, including the length and nature of the relationship, financial arrangements, shared property and whether there are children. We can advise you about whether family law applies to your relationship, the options available following separation and any relevant time limits.

Financial Agreements and Prenuptial Agreements

Financial agreements can set out how property and financial resources will be dealt with if a relationship ends. They may be entered into before, during or after a marriage or de facto relationship. These agreements are sometimes called prenuptial or “prenup” agreements when made before marriage.

A financial agreement may be considered by people who:

• Own significant assets before entering a relationship
• Have children from an earlier relationship
• Own a business or rural enterprise
• Expect to receive an inheritance
• Want greater certainty about their financial arrangements
• Have already separated and want to formalise an agreement

Financial agreements must meet strict legal requirements. Each party needs independent legal advice before entering into an agreement.

Spousal Maintenance

Spousal maintenance is financial support paid by one former spouse or partner to the other in certain circumstances. An entitlement is not automatic. The outcome generally depends on whether one person is unable to meet their reasonable expenses and whether the other person has the capacity to provide financial assistance. We can advise you about applying for, negotiating or responding to a claim for spousal maintenance.

Child Support

Parents generally remain financially responsible for their children following separation. Child support is often assessed administratively, but some families require advice about private child support agreements, disputed assessments, unpaid child support or expenses that fall outside ordinary payments. Our lawyers can explain the available options and help you determine whether a child support agreement is appropriate for your circumstances.

Domestic and Family Violence

Domestic and family violence can affect parenting arrangements, protection order proceedings, criminal matters, employment and other areas of law. Wonderley & Hall assists people seeking protection as well as people responding to domestic violence applications. We provide advice about:

• Domestic violence orders
• Temporary protection orders
• Responding to an application
• Conditions contained in an order
• Parenting matters involving allegations of violence
• Related criminal charges
• The interaction between family law and domestic violence proceedings

These matters require careful advice because decisions made in one proceeding may affect another.

If you or someone else is in immediate danger, call Triple Zero (000).