Family Lawyers Townsville
Compassionate Family Lawyers in Townsville
Our caring family lawyers are passionate about our client’s causes and consider all avenues and areas of law relevant to family disputes in order to plan the best strategy for each matter. This allows us to consistently achieve fantastic outcomes for our clients, even in the most complex matters involving family trusts, companies, partnerships and other elaborate business structures. Based in Townsville, we help clients throughout North Queensland including Mt Isa and the Burdekin.
Family disputes are sensitive matters and our team works hard to ensure our clients are heard, but more importantly empowered.
Our family law solicitors can assist in the following areas:
- Parenting
- Property settlements
- Divorce applications
- Child support
- Spousal maintenance
- Protection orders
- Mediation and dispute resolution
- Binding Financial Agreements
CBC’s experienced, compassionate family lawyers can solve all of your family law problems, including:
- Property Settlement
- Divorce
- Residence and Contact with Children
- Relocation Orders
- Enforcement Orders
- Binding Financial Agreements
Family Law Services
Crosby Brosnan Creen (‘CBC’) Lawyers provide compassionate, tailored legal advice across Townsville and the surrounding areas. Our legal team has over 40 years of legal experience and we strive to provide a comfortable, professional service for our clients.
Our family law services are designed to help you navigate the various legal frameworks pertaining to divorces, parenting arrangements, property settlements and other concerns.
Our aim is to help you find the best solution to your situation by creating a tailored service that addresses all of your concerns, and answering family law questions that may arise. You can rest assured that our Townsville family lawyers at CBC Lawyers puts your needs first. Our legal services can help you with:
Divorce Applications
Preparing for a divorce can be a challenging situation, but with the right legal advice on your side, it can be made much easier.
A good family law solicitor will help ease the transition and make things like divorce applications much easier to handle.
We can guide you through the process and make sure that your divorce application is submitted accurately, giving you the best chance to get the final outcome that you desire.
Parenting Arrangements
Parenting arrangements can be difficult because they require both parties to agree on the best plan for their child. Our Townsville family lawyers at CBC Lawyers can work with you to come up with an agreement that works for everyone and prevents you from going to court, which can be costly. Typically, a parenting plan will include information such as who the child will live with, how the parents will make decisions for the child, what activities each parent will do with the child and much more.
Although it is not a legally enforceable agreement, a parenting plan creates a framework for both parents to work with and facilitates a smoother transition for the whole family.
Property Settlements
It is very common for couples to own property, assets and debt together. Following separation, it is important to arrange for a fair division of these assets, debts and properties so that you get what is rightfully yours.
Property settlements can be incredibly contentious for both parties, which is why having professional, experienced family lawyers on your side is so important.
At CBC Lawyers, we can help you get the best possible outcome to help you secure your assets through our legal advice and representation. Whether you have contributed financially or in other ways, it is important to get what you are entitled to when it comes to property settlements.
Spousal Maintenance
Spousal maintenance is a form of financial support that a former partner pays to the other for maintenance. This is enshrined in the Family Law Act and is used for marriages and de facto relationships.
At CBC Lawyers, we are here to help you whether you are seeking spousal maintenance payments or are trying to come up with the best arrangements for paying. We understand that this can be a complex and emotionally charged part of a separation, so we do our utmost to get the best outcome for you.
When a couple divorces, the court may order spousal maintenance, which is a sum of money that must be given by the spouse with the greater salary to the spouse with a lower income. This kind of compensation is only given when one of the parties is unable to maintain themselves without the assistance of the other party. Depending on the circumstances, it may be granted for a certain period, or even for the rest of one’s life.
When it comes to spousal maintenance, it can be a difficult and highly emotional issue. According to your family lawyer’s advice, you must first carefully examine what kind of income you need to meet your appropriate living expenses.
Mediation
Our family law solicitors at CBC Lawyers can facilitate mediation and family dispute resolution to help with things like parenting plans and other post-separation arrangements.
We offer a safe, impartial space with professionals available to settle disputes fairly and professionally.
Binding Financial Agreements
Binding financial agreements can be set up before, during or after marriage and work as legally binding arrangements in the case of a relationship breaking down.
We can help draft binding financial agreements for a number of purposes, such as financial supports and settlements. There are a number of requirements that must be covered before these documents are legally binding, and our family lawyers at CBC Lawyers ensures that all aspects of the documentation are covered.
In the event that you and your partner reach an amicable financial settlement, such as via discussion or mediation, the agreement will not be immediately binding on either side. You will need to apply to the court for a Consent Order in order to make the agreement legally enforceable.
A Consent Order may be obtained by having your solicitor prepare the necessary papers, and both you and your ex partner will need to sign the drafted Consent Order before it can be finalised and enforced. We can advise you in choosing the most appropriate option for you and then guide and support you through every stage of the procedure to ensure that you get a fair settlement as quickly and cost-effectively as possible.
Protection Orders
Protection orders are designed to prevent individuals from being harassed, and they are often issued in situations of domestic violence. In some cases, the victim and perpetrator end up reconciling, but if this happens prior to the order being released, the person who is the subject of the order puts themselves in severe danger of committing a criminal offence that with a maximum sentence of 5 years in prison.
In other cases, an order may contain restrictions that are no longer necessary. For instance, if someone is prohibited from travelling to a specific geographic area and the person whom the restraining order is intended to protect relocates, the specific geographic restriction may no longer be necessary to protect them.
In the event of a dispute, going to court should only be taken as a last option. Wherever possible, we will support you in attempting to settle the disagreement via negotiation in order to avoid the expense and anxiety of going to court. Sometimes going to court is unavoidable, and in these situations, we will fight to preserve your best interests and ensure that the issue is settled to your complete satisfaction.
We have a diverse team of family law solicitors with extensive expertise in a broad range of dispute types. We give straightforward and practical advice, and we are devoted to getting the best possible outcomes for all of our clients. Our staff will be on hand to give assistance throughout the settlement process in an effort to alleviate as much stress and agony as possible on the parties involved.
Child Support
We understand that if you’re going through a divorce, your children will be your first priority. When it comes to child support, our family lawyers can assist you in determining how much should be paid moving forward.
Having a no-nonsense approach to settling child support arrangements after a relationship has ended is important to our child maintenance lawyers. When it comes to safeguarding our clients’ interests, we are recognised for being resourceful, but we are also known for being upfront about the prospects of accomplishing your goals.
Family Law Facts You Need to Know
FALSE
It doesn’t matter whose name is on the title of the property, in a family law property settlement, each of the parties’ assets and liabilities form a part of the property pool and will be taken into account when negotiating the terms of a property settlement.
FALSE
The amount of child support a person must pay will depend on how much time they spend with the children however, even if you don’t spend any time with the children you will still be responsible for child support payments.
FALSE
The Family Law Act de nes a de facto relationship as one where the parties are not legally married, they are not related to each other and they are living as a couple on a genuine domestic basis. Therefore, even though you have only been in a relationship for a short time, you may have to negotiate a property settlement.
FALSE
Even if you don’t have many assets, you may wish to negotiate a property settlement so that any debts or liabilities of the relationship are dealt with. Just because a debt may be in your name solely, this does not mean that you have to be solely responsible for it.
TRUE
Superannuation is considered an asset of the relationship and will be included as a part of the property pool when parties are negotiating a property settlement. Sometimes, superannuation can be the parties’ largest asset. Keep in mind however, this does not enable you to access it any earlier. Superannuation laws are still applicable i.e. accessible after retirement age.
FALSE
The court has a duty to make orders that are in the best interests of the children. The court considers that it is in the children’s best interest for them to have a meaningful relationship with both parents. Unless there are concerns for the welfare of the children or if it is not practicable, the children may spend equal time, or significant and substantial time with both parents.
Contact Us For Family Law Advice
If you would like to find out more about our services at CBC Lawyers or wish to request a consultation with our family lawyers in Townsville, please contact us.
Frequently Asked Questions
How Are Assets Divided in a Divorce in Australia?
The Family Law Act dictates the division of assets should be “just” and “equitable”, but this does not mean assets will be split 50/50 between parties. Factors that influence asset division include your current assets, current and past income, health, age, and whether you are responsible for children, will all be considered when deciding on the separation of assets or possessions. Once an agreement has been reached, the court will decide how assets should be divided.
What is a Co-Parenting Agreement?
A co-parenting agreement allows both parents to continue to make individual and joint decisions for their children until they reach 18 years of age. It does not include time, as a court will decide on particular custody arrangements. Co-parenting encourages separated couples to share the responsibilities of raising their children, and when an agreement is well-established and adhered to it can truly succeed in delivering the best outcomes for all involved.
How Legally Binding is a Binding Financial Agreement?
As a Binding Financial Agreement is a legal document, it is presumed binding as long as statutory requirements are met and the making of the agreement was not compromised by particular circumstances. In order for such an agreement to be binding, both parties must enter into the agreement of their own free will, ensuring they are fully informed of their rights and responsibilities. A Binding Financial Agreement does not become valid until both parties confirm they have sought their own independent legal counsel.
What is Mediation in Divorce?
Mediation can help resolve disputes arising during divorce proceedings. It involves enlisting an independent third party, known as a mediator, to help the divorcing couple reach an agreement. Mediation might include developing a Parenting Plan to cover the care of children, engaging Family Dispute Resolution (FDR) prior to court proceedings, and establishing a consent order to make agreements binding. Resolving disputes through mediation can help lower expenses, save time and allow both parties greater involvement in the process and in the outcome.