Daykin Family Law, Author at Daykin Family Law

With around 48% of divorces involving children under 18 years old in Australia, creating a co-parenting plan that minimises the negative effects of separation for children still living at home is crucial.

Parenting plans can be complex and require patience, understanding and often, a helping hand.

At Daykin Family Law, our expertise surrounding parenting plans and disputes has helped us get recognised as one of Brisbane’s leading lawyers in parenting and children matters in 2023 and prior years.

We’ve used our knowledge and expertise to create a guide that will help you create a parenting plan, tips for some of the best communication strategies, and to help prepare you to navigate any potential challenges.

What Is Co-Parenting? - Meaning And Benefits

Co-parenting can be understood as a shared parenting arrangement where separated or divorced parents work together to raise their children. It involves communication, collaboration, and mutual decision-making, focusing on your children’s well-being and best interests. There are a range of benefits when parents can successfully co-parent including:

Provides children with stability and a sense of security.
Reduces conflict exposure, benefiting children’s emotional health.
Encourages both parents to remain actively involved in their children’s lives.
Helps children maintain strong relationships with both parents.

When creating a co/parenting plan, it may be best to ensure compliance the Family Law Act (Cth) 1975, depending on your circumstances. Agreements can be recorded in a Parenting Plan under the Act or consent orders, as some examples.

The Legal Framework Of Co-Parenting In Australia

Australia’s approach to co-parenting after separation is governed by the Family Law Act (Cth) 1975, which prioritises the best interests of children in all parenting decisions.

Under this framework, co-parenting arrangements are encouraged as a means to ensure children have meaningful relationships with both parents post-separation when it is safe to do so.

This Act outlines the responsibilities and rights of parents, stressing the importance of children’s safety and emotional well-being.

It advocates for shared responsibilities and duties, focusing on the best interests of the child as the paramount consideration.

In Australia, the Family Law Act also supports flexible arrangements, catering to the diverse needs of different family structures.

With this in mind, you’re now ready to create your co-parenting plan.

Guide To Developing A Co-Parenting Plan

The most important step in creating a parenting plan or co-parenting plan is to prioritise the needs and well-being of your children above all else. Every decision and discussion should be centred on what is best for them. To ensure your parenting plan achieves this goal, it’s crucial to approach these conversations with openness and a willingness to understand each other’s perspectives if it is safe to do so. Here are some examples:

Co-Parenting Plan Element	Specifics to Include
Living Arrangements	Who a child lives and spend time with Considerations for future relocations
Time Arrangements	Detailed weekday and weekend routines Holiday and vacation schedules, including Christmas, Easter, and school holidays Arrangements for birthdays, Mother’s/Father’s Day, and other significant events
Education Plans	Enrolment in schools or educational programs Involvement in school activities and parent-teacher conferences Handling of tuition and other school-related expenses (see note below at end of the table)
Healthcare Arrangements	Routine medical, dental, and vision check-ups Sharing of information Emergency healthcare plans and procedures Insurance coverage and out-of-pocket expenses (see note below at end of table) Mental health and counselling services if needed
Extra-curricular Activities	Selection and scheduling of sports, arts, and other activities Division of costs and transportation responsibilities (see note below at end of table) Parental involvement and attendance at events
Parenting Styles and Values	Agreed-upon disciplinary strategies Alignment on educational, religious, and cultural values Approaches to technology use and social activities
Travel and Vacations	Notice period and consent for domestic and international travel Protocols for travel and travel emergencies Passports Provision of information prior to travel Communications during travel
Communication Guidelines	Agreed communication channels (text, email, apps) Frequency of updates and check-ins Protocols for emergency situations Guidelines for communicating about sensitive topics
Financial Responsibilities (see note at the end of this table)	Detailed child support arrangements Allocation of day-to-day expenses and extraordinary costs Savings plans for future needs like education
Dispute Resolution	First steps in addressing disagreements Use of mediation, counselling, or legal advice Escalation process for unresolved conflicts
Process for Revising the Plan	Regular intervals for reviewing the plan Procedures for proposing and negotiating changes Considerations for developmental changes in children
Special Considerations	Plans for children with special educational or health needs Acknowledgement of significant cultural or family traditions Accommodations for any unique family circumstances
Transition Guidelines	Specific handover times and locations, and people to be involved Strategies to support children emotionally during transitions Consistency in household rules and expectations between homes

For certain financial responsibilities relating to child support to be binding and enforceable, these may need to be recorded in a Limited Child Support Agreement or Binding Child Support Agreement.

Communication Strategies For Successful Co-Parenting

Effective communication stands at the heart of successful co-parenting. It lays the foundation for mutual understanding, problem-solving, and decision-making, all crucial in maintaining a healthy environment for your children. Here are our key strategies to enhance communication in a co-parenting arrangement:

Establish Clear Communication Channels

Decide on the most effective and consistent ways to communicate, be it through emails, texts, or phone calls. Utilising co-parenting apps can also streamline communication, keeping it focused and organised. This is of course on the basis it is safe to do so.

Adopt A Business-Like Tone

Approach communication with a professional and respectful tone can assist. This helps in keeping discussions objective and focused on your children’s needs, rather than personal grievances.

Engage In Active Listening

Make a conscious effort to listen and understand the other parent’s perspective. Acknowledging their views does not always require agreement, but it fosters a collaborative environment.

Choose Your Battles Wisely

Not every disagreement needs to escalate. Determine which issues are worth discussing and which can be let go in the larger interest of your children.

Plan Regular Check-Ins

Schedule regular discussions to review how the co-parenting plan is working and address any emerging issues. This can prevent small problems from becoming larger conflicts.

Utilise Professional Support When Needed

In situations where communication becomes challenging, don’t hesitate to seek help from mediators or counsellors. They can offer guidance and strategies to improve dialogue.

Remember, effective co-parenting communication is not about winning arguments but about working together for the best outcomes for your children. By prioritising respectful and clear communication, you pave the way for a more harmonious and effective co-parenting journey.

Navigating Challenges And Conflicts In Co-Parenting

Handling challenges and conflicts is an inevitable part of co-parenting. If these obstacles are not managed effectively, they can impact not only the parents but also the children involved. Here are some strategies to navigate these difficulties:

Acknowledge and respect differences in parenting styles and perspectives
Focus on collaborative problem-solving over dwelling on the problem
Keep children out of conflicts
Seek professional guidance when conflicts become unmanageable or safety is an issue
Develop a conflict resolution plan to handle disagreements
Regularly review and adjust your co-parenting plan as your situations change

Remember, the goal in co-parenting isn’t to avoid conflicts altogether, but to handle them in a way that maintains respect, focuses on solutions, and prioritises your children’s best interests. By adopting these strategies, co-parents can create a stable and positive environment for their children.

Should I Involve A Lawyer During The Co-Parent Planning Process?

Deciding whether to involve a lawyer during the co-parenting planning process is a significant consideration for many parents. Some of the benefits a family lawyer can bring include:

Legal Expertise

Lawyers bring an understanding of family law that is crucial in drafting a parenting plan. They ensure that your agreement is not only fair but also complies with legal standards.

Objective Perspective

Emotions can run high during the planning of co-parenting arrangements. Lawyers provide an objective viewpoint, focusing on the best interests of the children and helping to navigate sensitive discussions.

Ability To Identify Potential Issues

Experienced lawyers can foresee potential problems and address them in the planning stage, which can prevent misunderstandings and conflicts in the future.

Ensuring Enforceability

For a co-parenting plan to be legally enforceable, it often needs to meet specific legal criteria. A lawyer can ensure that all necessary elements are included depending on how any agreement is to be recorded (such as a Parenting Plan or Consent Orders).

Assistance With Mediating Disputes

If disagreements arise during the planning process, lawyers can engage mediators or liaise with the other parent or lawyer, helping to find amicable solutions that serve all parties involved.

While involving a lawyer in the co-parenting planning process is not mandatory, their involvement can bring legal assurance, clarity, and peace of mind, making the process smoother and more effective for everyone involved.

Other Co-Parenting Resources And Support Systems

While there are numerous counselling services, support groups and educational materials you can use to help navigate co-parenting, below are some links that might help when you feel like you need 3rd party support:

Relationships Australia provides relationship support services for individuals, families and communities contact
Australian Psychological Society can provide listings of qualified therapists and psychologists specialising in family matters.
Family Relationship Advice Line is a national telephone service that helps families affected by relationship or separation issues, including information on parenting arrangements after separation

A suitably qualified family lawyer can help advise on the next steps that need to be taken.

Looking For Help With Your Co-Parenting Plan?

In summary, effective co-parenting requires thoughtful planning, clear communication, and sometimes, the guidance of legal professionals.

By carefully considering each step and seeking the right support, you can lay a strong foundation for a positive co-parenting journey.

If you’re navigating the co-parenting process and need expert legal advice, Daykin Family Law is here to help.

Contact us on 07 3852 5490 or via our online contact form to ensure your co-parenting plan is comprehensive, appropriate, safe, and tailored to your family’s unique needs.

Navigating family disputes can be overwhelming, with emotions and legal complexities making the journey challenging. However, family law is not only about legal battles; it’s also about preserving relationships while addressing concerns and goals, and this is where collaborative practice can help.

Collaborative practice is a process of dealing with these complex issues in a way that focuses on co-operating towards a desired outcome. It really shines when it comes to family law, as it values empathy, understanding, and mutual respect over adversarial interactions.

What is Collaborative Practice?

Collaborative practice, also known as collaborative law, emphasises the importance of co-operative negotiations in family law matters, over traditional methods, that can be more adversarial.

With collaborative practice, separating couples and their lawyers engage in family-focused discussions, aiming for mutually acceptable settlements through transparent and confidential negotiations. They generally enter a binding agreement to avoid litigation, ensuring a commitment to constructive dialogue.

This approach is holistic in nature, and not only involves lawyers but also jointly retained neutral experts where necessary, promoting a comprehensive resolution that considers the well-being of the entire family, rather than focusing solely on individual rights or adversarial tactics.

It’s not just lawyers who sit at the table: therapists provide emotional support, financial planners give economic insights, forensic accountant experts can assist with complex valuation issues and child specialists offer perspectives centred on the well-being of the children, as some examples. This ensures that every facet of a family dispute, whether emotional, financial, or legal, is addressed with the depth and care it deserves.

One of the leading bodies promoting collaborative practice in Australia is the Queensland Association of Collaborative Practitioners, and Shannon Daykin, the Director at Daykin Family Law, is a proud member. So believe us when we say we believe in this approach!

With that out of the way, let’s look at the core values of collaborative law a bit closer.

The Core Values of Collaborative Law

When looking at collaborative law as defined by the Australian Institute of Family Studies, there are a few core values that can be identified.

Voluntary Disclosure

Both parties agree to openly share all relevant information, ensuring there’s no room for hidden agendas or surprises. This creates an atmosphere of trust, essential for constructive dialogue.

Solution-Based Approach

The focus remains squarely on finding solutions that work for everyone involved. Instead of a zero-sum game where one party’s gain is another’s loss, collaborative practice seeks outcomes where all parties can feel heard and validated.

Mutual Respect

Even in disagreements, collaborative practice prioritises respect. Recognising the intrinsic value of each individual’s perspective and feelings fosters a more constructive environment for resolution.

Engagement of Professionals

Depending on the complexity and nature of the dispute, other professionals such as financial advisors, child specialists, or counsellors might be engaged to provide a balanced solution.

Commitment to Avoid Litigation

Both parties, along with their respective lawyers, enter into a binding agreement that they’ll abstain from resorting to litigation while engaged in the collaborative process. This commitment ensures that every effort is channelled towards negotiation and consensus.

Through these central principles of understanding and cooperation, collaborative practice offers an alternative to the often aggressive dynamics of traditional legal proceedings.

Collaborative Practice in Family Law and Divorce

This co-operative practice is especially valuable in family law matters such as divorce and separation. A divorce, by nature, can be contentious and heavy with emotions. However, applying the principles of collaborative law to divorce proceedings promotes an environment where both parties strive for a collective solution.

Instead of courtrooms, decisions surrounding the divorce are made in collaborative meetings, ensuring both parties have a voice. There’s less confrontation, often leading to better, more sustainable outcomes. This approach ensures a fair resolution in terms of tangible assets and financial matters but also a careful navigation of emotional and psychological aspects associated with divorce.

Benefits of Collaborative Practice

Using collaborative practice to resolve disputes can significantly influence not just the immediate outcome, but also the long-term well-being of all involved. When dealing with disputes through Collaborative Practice, it offers a range of benefits that make it a compelling choice for many, such as:

Client Empowerment and Control

Unlike the unpredictable nature of court proceedings, Collaborative practice places the power squarely in the hands of the individuals involved. Clients are active participants, shaping the course of discussions and decisions. This empowerment instils a sense of ownership and commitment to the resolutions reached.

Positive Environment for Children

In family disputes, especially those involving children, the overarching goal is often to ensure their well-being and shield them from undue stress. Collaborative practice, with its emphasis on dialogue and understanding, ensures that children are spared the brunt of adversarial confrontations. Their needs and emotions are prioritised, ensuring a more nurturing environment amidst the upheaval.

Cost-Effective and Efficient

The prolonged nature of traditional litigation can be both time-consuming and financially draining. In contrast, collaborative practice, by sidestepping court battles, often results in quicker and more cost-effective resolutions. The collaborative approach emphasises direct communication, which can lead to swifter consensus and lower costs in the long run.

Preservation of Relationships

Family disputes, if handled combatively, can leave a lasting effect on relationships. Collaborative practice strives to prevent estrangements. By fostering mutual respect and understanding, it encourages parties to move past their differences, preserving familial ties. This becomes especially important in situations where ongoing interactions, such as co-parenting, are inevitable.

Fostering of Mutual Respect

By treating each perspective with dignity and value, collaborative practice allows for more harmonious interactions. Over time, this approach can help replace animosity with understanding, leading to more sustainable resolutions.

Collaborative Practice at Daykin Family Law

If you are going through a family dispute and are seeking a resolution-centric approach, Daykin Family Law is here to guide and support you. Our expertise in collaborative law ensures you’re not just represented but also understood, respected, and empowered. Contact us today for guidance on collaborative methods for any family law-related concerns, and whether this may be right for you and your family.

On October 11, 2023, the Queensland Government, under the leadership of the Palaszczuk administration, marked a significant milestone in the battle against domestic, family, and sexual violence by introducing landmark legislation that will make coercive control a criminal act in Queensland.

The bill, known as the Criminal Law (Coercive Control and Affirmative Consent) and Other Legislation Amendment Bill 2023, comes in the wake of recommendations from Queensland’s Women’s Safety and Justice Taskforce.

In a public statement, the QLD Government stated that the offence of coercive control in Queensland will carry a maximum sentence of 14 years in prison, and criminalises the actions of an adult under the following conditions:

the person is in a domestic relationship with another person;
the person engages in a course of conduct against the other person that consists of domestic violence occurring on more than one occasion;
the person intends the course of conduct to coerce or control the other person; and
the course of conduct would, in all the circumstances, be reasonably likely to cause the other person harm (with ‘harm’ defined in the Bill to mean any detrimental effect on the person’s physical, emotional, financial, psychological, or mental well-being, whether temporary or permanent).

At this stage, the new coercive control laws in QLD won’t come into effect until 2025, but this Bill still represents a significant step forward in addressing domestic violence in the state.

What is Coercive Control?

Coercive control is commonly understood as a form of domestic abuse where one individual consistently exercises power and dominance over another through behaviours that intimidate, threaten, or undermine the victim.

Instead of, or in addition to, physical violence, it involves a pattern of manipulative behaviours that may include emotional, psychological, financial, and digital control, aimed at making the victim reliant on the perpetrator and restricting their independence.

The intent often is to trap the victim in the relationship and deprive them of their agency and autonomy. This recent legislation has criminalised this behaviour, recognising its significant detrimental impact on the victim’s physical, emotional, financial, psychological, or mental well-being.

Find out more about the signs of coercive control and what to do when you spot them.

How Did This New Queensland Law Come About?

This law arises from the first report released by Queensland’s Women’s Safety and Justice Taskforce which is an independent, consultative taskforce created by the Queensland Government.

The report, known as Hear Her Voice – Report One – Addressing coercive control and domestic and family violence in Queensland, was first released in 2021 and features 89 recommendations to the Queensland Government on how to reform the domestic violence service and justice systems. These recommendations were devised after listening to more than 500 submissions from predominantly women and girls regarding their experiences with coercive control.

Hear Her Voice - Hearing Queensland’s Women Loud and Clear

The Hear Her Voice report brought to light the pressing issues that many victims face when seeking help. An overwhelming number of victims recounted unsatisfactory responses when reaching out to the police for assistance with domestic violence. This raised concerns about inconsistent and inadequate training for officers handling these sensitive cases. Many victims detailed being turned away, not being believed, or having their experiences minimised by the very people who were supposed to protect them – the police.

The report found that the disconnect and inconsistency in responses had led to a decline in trust in the Queensland Police Service (QPS) among many victims of domestic and family violence. The Taskforce acknowledged that while significant investments had been made in the QPS and officers and teams were doing commendable work, cultural issues persisted, preventing the effective handling of domestic violence cases.

To address these deeply ingrained issues, the Taskforce recommended the establishment of an independent commission of inquiry into the police. This commission’s report led to a $100 million investment into a variety of reforms and initiatives to provide enhanced support and protections to those caught up in domestic violence, among which was the introduction of new laws criminalising coercive control.

What Other Changes Can We Expect?

On top of the new legislation criminalising coercive control in Queensland, the QLD Government has stated there will be:

Enhanced intervention and better victim support: Increased resources for services to manage and reform offenders and provide additional support for survivors to ensure their safety and recovery.
New perpetrator diversion scheme: New strategies to hold perpetrators responsible via a court-driven program directing offenders to intervention sessions.
New aiding violence offence: Charges for those indirectly enabling domestic violence will be established.
Tougher penalties: New aggravating factors will be introduced to further penalise domestic violence offences.

On top of this Queensland’s Women’s Safety and Justice Taskforce released a second report in 2022 titled Hear Her Voice – Report Two – Women and girls’ experiences across the criminal justice system, which is split into two volumes: volume one and volume two.

Hear her voice – Report two

Hear her voice – Report two – Women and Girls’ Experiences across the Criminal Justice System delves deep into the challenges women and girls encounter within the criminal justice system, both as victims of sexual violence and in roles as accused individuals or offenders.

Report Two outlines a strategic plan for Queensland, aiming to improve our criminal justice system, ensuring those who interact with it – whether as victims, accused, or both – receive trauma-informed care. The Queensland Government stated that it is committed to considering all 188 recommendations from the Taskforce.

What Does This Mean for You?

With these extensive changes and commitments, Queensland residents can ideally anticipate a criminal justice system more attuned to the nuanced challenges faced by victims, ensuring a more compassionate, responsive, and robust framework against domestic and family violence.

The current legislative changes are just the beginning of a broader shift towards redefining how Queensland addresses domestic and family violence.

Reach Out Against Coercive Control

If you or someone you know is being subjected to a situation of coercive control, remember that you’re not alone and there are resources available to support you. Here are some steps you can take to deal with coercive control:

Recognise the signs: The first step is to understand the signs of coercive control. This will empower you to seek the help you need.
Reach out: Try and talk with trusted friends and family members, or your medical practitioner or counsellor, about the situation, whether it be your own or someone close to you. If you have no one close to you that you can talk to then reach out to one or more of the following resources.
Available resources: There are numerous dedicated hotlines available to provide immediate assistance. Here are a few key contacts:

Relationships Australia (Queensland branch): 1300 364 277
1800RESPECT: 1800 737 732
DVConnect Womensline: 1800 811 811
DVConnect Mensline: 1800 600 636
Sexual Assault Helpline: 1800 010 120
Kids Help Line: 1800 55 1800
Lifeline: 13 11 14
Prioritise safety: If you or your children are in immediate danger, call 000 immediately. Safety should always be the top priority.
Seek legal advice: The intricacies of legal processes can be challenging to navigate. Professional legal advice can help you understand your rights and the options available to you. At Daykin Family Law, our expert team is ready to guide you through these challenging times. Contact us today to find out how we can help.

Please remember, that every person’s situation is different. What helps one person might not be right for another. You’re not in this on your own; there are those out there ready to lend a hand and support you through it.

In this article, we look at how assets are divided in a divorce in Australia.

Navigating the challenging path of divorce is difficult enough without the added worry of how assets will be divided, which can be a mystery for many. This crucial process, often marred by emotional turmoil and tension, is of immense importance as it can significantly impact the financial stability of each party involved.

In Australia, the law provides specific guidelines in essence on asset division in the event of divorce or de facto separation. It’s a fairly complex process, more complex than many think, steeped in legislation and legal intricacies, which mandates careful consideration of several factors.

This article aims to shed some light on these factors, helping you understand how assets are divided in a divorce in Australia, and provide you with the essential knowledge to navigate this path with clarity and confidence.

What are Assets in a Divorce?

Assets that you’ll need to consider when dividing assets in a divorce include (but are not limited to):

The family home: Often the largest shared asset between partners.
Vehicles: Cars and any other owned vehicles.
Businesses/entities: Ran by one or both parties, or a business interest for example.
Investment properties: Real estate properties acquired as a financial investment.
Financial investments: This includes shares, stocks, mutual funds, and bonds.
Family trusts: Established for various purposes such as tax planning or asset protection.
Personal property: This can include items like jewellery and collectibles.
Household items: Everyday items that may hold value.
Savings: Monies accumulated over time.

Alongside assets, you also need to consider liabilities during divorce, for example:

Personal or car loans: Any personal or motor vehicle loans taken out during the marriage.
Business loans: Financial obligations tied to any business owned jointly or individually.
Home mortgage: The outstanding debt on the family home or other properties.
Credit card debt: Financial obligations from credit card usage during the marriage.

Superannuation and other financial resources also often need to be considered as part of the net assets available for distribution.

Now, let’s look at how to split these assets in a divorce.

How to Divide Assets in Divorce

There are a few common methods used to split assets during a divorce in Australia, including.

Common Methods Used to Split Assets

Non-legal arrangement: This is often used in amicable divorces, where both parties mutually agree on the division of assets without the need for legal documentation. However, due to the lack of legal paperwork, it leaves room for potential disputes, as one party can later approach the court for financial orders as per the Family Law Act, for example. Due to this risk, it’s not commonly recommended by legal professionals.
Binding financial agreement (BFA): A BFA is a legally binding document that can outline matters such as how the assets should be divided between the couple. It can be signed at any stage of the relationship – before, during, or at the end. A BFA stands unless there are exceptional circumstances that warrant it being set aside. It’s essential to engage a lawyer to draft and implement a BFA. It is a requirement that both parties have independent legal advice for a BFA to be binding and enforceable.
Consent orders: Consent orders are a prevalent method used by couples finalising their financial affairs. Both parties agree on the division of assets and submit an application to the Federal Circuit and Family Court of Australia detailing their agreement. A Judicial Registrar reviews and approves these orders, making them legally binding.
Litigation: This method is typically the last resort when former couples can’t agree on how to divide their assets. The Federal Circuit and Family Court of Australia (Division 1) and the Federal Circuit and Family Court of Australia (Division2) takes on the responsibility of deciding the division of assets, liabilities and financial resources in the event of dispute. The process can be lengthy (up to a year or more), costly, and requires regular Court attendance. It’s generally avoided unless absolutely necessary.

It’s important to remember that in the case of divorce in Australia, there is no fixed formula for asset division. It’s a misconception that assets are always divided equally; the actual division considers a variety of factors and is not a simple 50-50 split. The Court takes into account each party’s financial and non-financial contributions, the future needs of each party, and the justice and equity of the proposed division, for example. Understanding these issues can help individuals navigate the financial implications of divorce more effectively.

What to Consider When Dividing Your Assets In Divorce

In cases where negotiations fail and both parties cannot agree on property division, a Court-guided process is often necessary. It’s important to understand that divorce, which is the legal dissolution of a marriage, is a separate legal process from asset division and property settlement.

Property division can be finalised while the couple is still living together after separation or before the divorce is finalised. When the Court is involved, a five-step process is used to determine the division of assets. The substantive four steps are, briefly put:

Valuing the assets: The initial step involves identifying and placing a value on the former couple’s assets, liabilities, and financial resources. This includes assets acquired before, during, and after the marriage. Assets can range from business interests, investments, vehicles, savings, and real estate, to even lottery winnings. Both parties’ superannuation benefits are also included in the asset pool.
Analysing contributions: The court then evaluates the financial and non-financial contributions of both parties initially, during the relationship, and after separation.
Assessing future needs: The future needs of both parties are considered next. This involves evaluating factors such as age, health, income, earning capacity, as well as care of children of the relationship under the age of 18 years, as some examples. The Court determines if any adjustments need to be made to the contribution-based entitlement on the future needs of each party.
The practical effect: The final step involves the Court considering the practical impact of the property settlement on both parties to ensure that the outcome is just and equitable.

Now, let’s look at a specific example of how assets are divided in a divorce in Australia.

Example of Asset Division in an Australian Divorce

Jack and Lily are a married couple who have decided to separate. They have been married for 12 years, during which time they both worked full-time and had roughly the same annual income. They have two children, aged 6 and 9, who will be primarily living with Lily post-separation.

Their assets include:

A family home valued at $1.3 million

Savings amounting to $80,000

Two cars worth a combined value of $50,000

Superannuation: Jack’s superannuation is $200,000 and Lily’s is $180,000

Their liabilities include:

Remaining mortgage on the family home of $500,000

Car loan of $20,000

Credit card debt of $10,000

By totalling all the assets and subtracting the liabilities, we determine the net asset pool:

Total assets: $1.3m (home) + $80,000 (savings) + $50,000 (cars) + $200,000 (Jack’s super) + $180,000 (Lily’s super) = $1,810,000

Total liabilities: $500,000 (mortgage) + $20,000 (car loan) + $10,000 (credit card debt) = $530,000

So, the total net asset pool is $1,280,000 ($1,810,000 – $530,000).

Jack and Lily made equal financial contributions, but Lily took on the role as primary carer for the children in addition. Lily may, in that scenario, receive a higher percentage in her favour on the contributions step.

Lily will continue to be the children’s primary carer, so Lily may also receive an uplift on the future needs factors.

For example, let’s assume the court decides on a 60%/40% division in Lily’s favour. Lily would then receive $768,000 (60% of $1,280,000), and Jack would receive $512,000 (40% of $1,280,000).

Please note that this is a simplified example and actual asset division can be complex, depending on a multitude of factors. It’s crucial to consult with professional legal counsel, such as the team at Daykin Family Law, for guidance tailored to your specific circumstances.

Contact Daykin Family Law if You Need Help Diving Your Assets in Australia

If you’re facing a divorce in Brisbane or Wider Queensland and want more information on how assets are divided in a divorce in Australia, don’t hesitate to contact our team at Daykin Family Law. We’re dedicated to providing you with pragmatic advice to solve your issues efficiently and help you move towards the next chapter of your life.

Divorce or separation can be a challenging time for anyone, especially when it comes to dividing property and finances. As one of the most significant issues to consider during the legal process, property settlement after divorce or separation can cause a great deal of stress and uncertainty. However, understanding the ins and outs of divorce property settlements can help you achieve the best possible outcome for yourself and your family.

In this article, we cover some handy things to know about property settlement after divorce including the legal framework, and the factors that influence property division, and we also look at an in-depth example. Our aim is to provide you with the information and resources you need to navigate this complex area of family law with confidence.

At Daykin Family Law, we believe that a comprehensive understanding of divorce property settlements is essential in achieving a fair and just outcome for all parties involved. If you’re in the Brisbane area, contact us today to speak to our property settlement lawyers.

How Does Property Settlement Work?

Property settlement in the context of a relationship breakdown can be a complex and emotionally charged process. It can involve the division of assets, financial resources, superannuation, and debts between two parties following the end of their relationship.

If you separated from your de facto partner after 1 March 2009, you may have the right to apply for a property settlement and/or maintenance under the Family Law Act.

How To Reach A Property Settlement Agreement

Negotiating a property settlement can be stressful and complicated. Hence, you might consider engaging a lawyer to assist in negotiations with your former partner. Even if you choose not to use a lawyer for the negotiation process, it’s crucial to seek legal advice before signing any agreement. Importantly, this advice should come from a lawyer who hasn’t previously advised your ex-partner.

Ideally, both parties should aim to reach an agreement about the division of property. This agreement can then be formalised into a court order, known as a consent order, which must be adhered to. Another option for a legally enforceable and binding agreement is to enter into a Binding Financial Agreement.

If an agreement cannot be reached, you have the option to apply to the court for property orders, which will dictate how the property should be divided.

Before applying to the court, certain pre-action procedures must be undertaken. Family dispute resolution services are available to help you reach an agreement. Family Relationship Centres might also offer assistance, particularly in cases where children are involved, though they are unable to provide legal advice. We often refer clients to private mediators, and work with a number of highly respected mediators in our field.

For any financial difficulties arising during this process, a financial planner or a financial counsellor can offer guidance. Don’t hesitate to seek professional advice to ensure your rights and interests are well protected.

Can A Property Settlement Agreement Be Changed?

Once lodged with the court, property settlement agreements via Consent Orders can be altered in only defined ways, unless both parties agree to the changes. Please note that even if you both consent, the court will not enact an order unless deemed ‘just and equitable’, essentially meaning appropriate for both parties.

For advice on varying or amending Consent Orders when there is no agreement to do so, contact us to discuss whether you may have grounds and any options.

How To Calculate Property Settlement

The Family Law Act essentially prescribes a four-step procedure to calculate property settlement in divorce, after it is established that it would be just and equitable to have a property settlement. Let’s break down these steps.

Step 1: Identification and valuation

The first step involves identifying and valuing all the property from the relationship or marriage, which also includes debts. It’s important to remember that this includes not just property and assets acquired during the relationship, but also those obtained before or after the marriage (or relationship).

Step 2: Consideration of contributions

The second step is to consider what each person has contributed to the relationship. These contributions could take various forms:

Earnings from employment or businesses
Savings accumulated during the relationship
Gifts and inheritances received
Property owned before the relationship began
Improvements made to any property
Contributions as a homemaker and parent

All these contributions, among others, can be taken into account to ascertain both parties’ entitlements.

Step 3: Future needs factors

The third step involves considering other factors outlined in the law, such as:

Each person’s future earning capacity
Age and health of each person
Care and financial support for children
Responsibility for looking after other people
The length of the relationship

It’s important to note that the law does not consider who left the relationship when deciding what a fair division of property is. It aims to ensure the division is just and equitable, given the totality of the circumstances. A party’s conduct rarely has relevance in property settlement matters, but this can occur in certain circumstances.

Step 4: Court’s decision

Finally, the court will decide the exact division of the property. The court’s main concern is essentially ensuring that the division of property is just and equitable in all circumstances. This means that the court will look at all the information presented, apply the law, and make a decision that it considers appropriate.

Remember, while these steps provide a general framework, the exact process can vary depending on the specific details of each case. It’s highly recommended to seek expert legal advice to ensure your rights and interests are properly represented and protected in a property settlement.

Divorce property settlement example

Consider a divorce scenario involving Alex and Jamie where they have attended a mediation and reached an agreement on how to divide their property.

We’ll simplify the 4-step property settlement process to help illustrate how they came to their agreement and what the outcome was.

Step 1: Asset identification

Alex and Jamie’s financial picture is as follows:

Assets:

Savings: AUD $50,000
Shared home: AUD $1,000,000
Alex’s car: AUD $20,000
Other assets: AUD $10,000
Total: AUD $1,080,000

Liabilities:

Outstanding mortgage: AUD $150,000
Total: AUD $150,000

Superannuation:

Alex: AUD $80,000
Jamie: AUD $70,000
Total: AUD $150,000

Given these figures, the net value of the couple’s combined assets is calculated as follows:

Assets – Liabilities + Superannuation = Net Asset Pool

$1,080,000 – $150,000 + $150,000 = $1,080,000

Alex and Jamie have total net assets amounting to $1,080,000. We call this “the property pool” or “the matrimonial property pool” for example.

Step 2: Evaluate contributions

Next, the contributions each party has made to the relationship, both financial and non-financial, need to be evaluated.

Neither Alex nor Jamie owned any property prior to marriage. While their superannuation holdings are different, their earnings have been relatively similar. Therefore, their financial contributions may be considered around equal. However, Jamie, who has taken on the role of primary caregiver for their two children, has contributed more in the sphere of homemaker and parenting. Recognising this, they agree that Jamie should receive an additional 2.5% in the final division on the contributions step.

Step 3: Assess future needs

With two children who still need care, an adjustment in favour of the primary carer is warranted.

While Alex will be involved in the children’s lives, the parties agree that Jamie, as the primary carer, will receive an additional adjustment of 2.5%.

Step 4: Justice and equity

The parties agree to consent orders that have the effect of both of them retaining super, selling the home and both Jamie and Alex receiving a sum of money (in addition to the other items they each own). See more on this below.

The proposed settlement is arguably just and equitable, given they will each retain super of fairly similar amounts and cash to move forward.

The outcome

After taking into account the entire process, Alex is allocated 45% of the net assets, and Jamie is allocated 55%. This was achieved by agreement.

Jamie and Alex have agreed that there will be no superannuation splitting. They will each retain their respective superannuation entitlements as part of property settlement.

They expect to receive approximately $820,000 once the house is sold and all sale-related costs (including marketing costs) are paid. When you take out the sale costs, the total net pool comes down to $1,050,000 in total.

Therefore, the effect of the settlement is that Jamie will receive $577,500 (55% of $1,050,000), and Alex will receive AUD $472,500 (45% of $1,050,000).

It is agreed that Jamie will keep the cash savings of $50,000, other assets of $10,000 and her super of $70,000. To achieve a property settlement split of 60% overall on these figures, Jamie needs to receive the sum of $447,500 from the house sale. Her overall property settlement entitlement is then as follows:

$50,000

+ $10,000

+ $447,500

+ $70,000

577,500 (55%)

It is then agreed that Alex will keep his car worth $20,000 and his super of $80,000. Alex will receive the rest of the net sale proceeds, totalling $372,500. His overall property settlement entitlement is then as follows:

$20,000

+$80,000

+$372,500

$472,500 (45%)

The above is an example of how the property settlement process can be stepped out, showing you a global approach to dividing property after the breakdown of a marriage. The above does not constitute legal advice. Every situation and circumstances are different, and entitlements can vary. Expert advice is needed to ascertain what is best for you, and how best to achieve your goals.

Daykin Family Law can help you with your property settlement

Here at Daykin Family Law, we aim to guide you through property settlement and divorce, providing expert legal advice tailored to your specific situation. Remember, navigating this process effectively is key to securing your financial future post-divorce. Contact us today for professional assistance in achieving the most beneficial outcome for you.

Domestic or family violence can be an extremely distressing and challenging issue for anyone to deal with. Everyone deserves to feel safe and protected in their own home, around their loved ones and in their lives. Unfortunately, domestic or family violence is all too common, and its impact can be far-reaching, affecting not only the victim but also their family and community.

In Queensland, a protection order is one way to protect yourself or someone close to you from domestic or family violence. In this article, we will explore what a protection order is, who can apply for one, and how to apply for one. We will also discuss the grounds for obtaining a protection order, how long it lasts, and whether it can be cancelled after filing. Our aim is to provide you with accurate and helpful information so that you can make informed decisions and take steps to protect yourself and your loved ones.

With a compassionate and pragmatic approach, Daykin Family Law’s domestic violence lawyers can help you navigate the often daunting legal landscape and ensure the best course of action is taken for you. Contact us today to find out how we can help you.

What is a protection order?

A protection order is an order of the Court essentially designed to protect a person or persons from domestic or family violence. Domestic or family violence is broadly defined in the Domestic and Family Violence Protection Act 2012 (Qld) as behaviour that causes physical, sexual, emotional or psychological harm or abuse, including economic abuse or coercive behaviour.

A protection order can prohibit the person against whom it is made from committing further acts of violence, approaching or contacting the protected person, or entering specified premises, as just some examples. It can also require the person to attend counselling, not possess firearms or weapons, or pay compensation for damage or loss caused by their behaviour.

Breaching or ‘breaking’ a protection order can be a criminal offence and can result in serious consequences, including fines and imprisonment.

Who can apply for a protection order?

Any person who is experiencing domestic or family violence, or who fears such violence, can apply for a protection order. This includes

The aggrieved (person who requires protection)
A person authorised by the aggrieved
A police officer
A legal guardian
A party to a child

Grounds for obtaining a protection order in Queensland

A court may make a protection order against a person for the benefit of another person if the court is satisfied that:

A relevant relationship exists between the aggrieved (person who the order would protect) and the respondent (the person who the order would be made against). This means an intimate personal relationship, a family relationship or an informal care relationship;
The respondent has committed domestic violence against the aggrieved;
The protection order is necessary or desirable to protect the aggrieved from domestic violence.

Here is a non-exhaustive list of the types of behaviour which may give rise to an application for a protection order:

Physical abuse, such as hitting, pushing, or restraining a person.
Sexual abuse, including any unwanted sexual contact or behaviour.
Emotional or psychological abuse, such as belittling, humiliation, or verbal abuse.
Economic abuse, such as controlling a person’s finances or withholding money.
Coercive and controlling behaviour, such as limiting a person’s social or personal activities, controlling their movements or communication, or isolating them from their support network.
Stalking or harassment, such as persistent or unwanted contact, surveillance, or following a person.
Damaging or threatening to damage a person’s property or possessions.
Threatening or intimidating behaviour, such as making threats or displaying violent behaviour.
Forcing or attempting to force a person to do something against their will, such as taking drugs, committing a crime, or engaging in sexual activity.

It is important to note that even if the behaviour does not fit squarely into one of these categories, it may still be considered domestic or family violence and may be grounds for obtaining a protection order.

How to apply for a protection order

The Queensland Government’s website has some detailed information about Applying for a Domestic Violence Order. Our trained and experienced family lawyers can assist you at every step of applying for a protection order, from drafting the application, filing it with the Magistrates Court and attending Court on your behalf.

If you are in a dangerous situation and need urgent help, please dial 000. Alternatively, you can also seek housing in a women’s refuge by dialling 1800 811 811.

How long does a protection order last?

A protection order can last for up to five years. However, depending on the case, the court may make an order for a shorter or longer period or until further order.

Can you cancel a protection order?

A person against whom a protection order has been made can apply to the court to alter or cancel or revoke the order. This is known as an application to vary the protection order. It is possible to ask the court to change any domestic violence order, even if the original application was made by a police officer.

If the court agrees to the changes requested, it will issue a varied order, otherwise, the current domestic violence order will remain in place. Some of the changes that can be made to current orders include adding or removing conditions, adding or removing named people, and extending or reducing the time the order is in force. Ultimately, whether the protection order can be revoked or varied depends on the specific circumstances of the case and the court’s decision.

We are here to help

At Daykin Family Law, we understand that experiencing domestic or family violence can be a daunting and distressing situation. We believe that everyone deserves to feel safe and supported, and we are here to help. Our team of experienced domestic violence lawyers has extensive knowledge and experience in representing both aggrieved parties and respondents in Protection Order matters and Court proceedings.

We can provide you with clear guidance and determined advocacy to help you navigate this complex area of law and ensure the best outcome for you and your loved ones. If you or someone you know needs help with domestic violence issues, please do not hesitate to contact us. We are here to support and assist you every step of the way.

Grandparents do not have an automatic legal right to spend time with their grandchildren in Queensland. Under Australian family law, the main question is whether the proposed arrangement is in the child’s best interests.

In some situations, grandparents may be able to apply for parenting orders. These orders can deal with spending time with a grandchild, communicating with them by phone or video, or caring for them if there are serious concerns about the child’s safety or stability.

This can become especially important after parental separation, family conflict, relocation, loss of contact, or concerns about a child’s wellbeing. If you are unsure where you stand, getting early legal advice can help you understand your options before the situation becomes harder to resolve.

With a compassionate and pragmatic approach, Daykin Family Law can help you navigate the often daunting legal landscape and ensure the best course of action is taken for your grandchildren. Contact us today to find out how we can help you with when it comes to Grandparents Rights.

We look at how the Family Law Act (1975) recognises the importance of maintaining relationships between children and their close relatives, including grandparents. We will also discuss how a grandparent can apply for a Parenting Order.

Do grandparents have the right to see their grandchildren?

Based on the legislative framework, grandparents can have rights concerning their grandchildren, but these rights are always subject to the best interests of the child.

According to Section 60B2(b) of the Family Law Act, children have the right to spend time with and communicate regularly with their parents and other people significant to their care, welfare, and development. This includes grandparents and other relatives. However, it is crucial to note that these rights are not absolute and are contingent upon the child’s best interests. Factors to consider in determining the child’s best interests include ensuring their safety and, in effect, the fulfilment of parental duties and responsibilities.

Parenting Orders do not automatically include grandparents. Sometimes, when parents separate and make arrangements for their children, grandparents can be left out of the equation. When this occurs, the grandparent-grandchild bond can be impacted. Grandparents can apply separately to the Court for orders to spend time or communicate with their grandchildren, for example, if no agreement can be reached with the parents prior.

In a great number of cases, the legislation effectively dictates that family dispute resolution should be explored first between the grandparents and the parents before commencing such a Court application, as long as it is safe to do so for example.

How to apply for grandparents' rights

If a grandparent is prevented from spending time, or communicating in any way, with a grandchild or grandchildren, they may seek a Parenting Order that outlines the time they are able to spend with their grandchild or grandchildren, the communications they are to have with them or other orders. This is because the Court generally considers it the child’s right to have a relationship with close relatives such as grandparents. Grandparents are specifically named in the Family Law Act 1975 as having the right to apply for parenting orders.

If an agreement can be reached, informal arrangements and parenting plans are an option and an alternative to Court-ordered parenting orders. Or, if an agreement is to be binding and enforceable, parties (including grandparents) can formalise such agreements by applying for a consent order through the Federal Circuit and Family Court of Australia.

In some cases, grandparents can apply for parental responsibility to be able to make certain major long-term decisions in respect of their grandchildren. This is an example of one of the orders that grandparents can apply for, provided of course it is in the children’s best interests.

If no agreement can be reached between parties, then dispute resolution/family mediation usually must be undertaken first before applying to the Court for orders. If the issue is still unresolved, or family dispute resolution is inappropriate for example, then grandparents can apply for a Parenting Order to enable their grandchildren to spend time and/or communicate with them, or for the children to live with the grandparent(s) and for them to have parental responsibility for them. These are just some examples of what options there may be available.

There are a number of documents that grandparents need to be filed with the Court when applying for a Parenting Order, which Daykin Family Law can assist with. These documents include the following:

a. Initiating application

b. Affidavit: This document contains statements and evidence in support of the application

c. Section 60I certificate: This certificate is obtained from a Family Dispute Resolution practitioner, or an Affidavit non-filing of family dispute resolution certificate needs to be filed if exempt from family dispute resolution

d. Notice of child abuse, family violence, or risk: This form is mandatory and must be filed to report any such issues in the case

e. Any family violence orders: Copies of any relevant orders, if applicable.

f. Genuine steps certificate: This document shows applicant(s) have made a genuine effort to resolve the dispute before applying for a parenting order if appropriate.

Speak With a Family Lawyer About Grandparents’ Rights

Early legal advice can help grandparents understand what steps may be available before contact breaks down further or important decisions are made without them.

Daykin Family Law can advise you on parenting arrangements, family dispute resolution, consent orders and applications for parenting orders. We can also assist in serious matters where a grandparent may need to seek care or parental responsibility for a grandchild due to safety, stability or wellbeing concerns.

Our family lawyers can help you understand where you stand, what evidence may be relevant, and which pathway may suit your circumstances. Whether your goal is to restore contact, formalise an arrangement, prepare for mediation or respond to urgent concerns, we can give you clear advice before you take the next step.

If you are worried about your relationship with your grandchild or their care, contact Daykin Family Law to book an appointment.

Have an enquiry?

Please fill out the form and one of our team will be in touch with you as soon as possible.

FAQ’s

Do grandparents have legal rights to see their grandchildren in Queensland?

Grandparents do not have automatic rights, but they can apply to the Family Court for parenting orders that allow time or communication with their grandchildren if it is in the child’s best interests.

Can grandparents apply to the Family Court in Queensland?

Yes. Under the Family Law Act, grandparents are recognised as people concerned with the care, welfare, and development of a child and may apply for parenting orders.

Do grandparents need the parents’ permission to apply?

No. Grandparents can apply even if one or both parents object. The court will consider all circumstances before making a decision.

Do grandparents need to try mediation before going to court?

In most cases, yes. Family dispute resolution is usually required before filing an application, unless there are urgent concerns such as family violence or risk to the child.

How does the process of mediation work in family law?

Mediation in family law is a voluntary process where a neutral third party, the mediator, helps the disputing parties reach a mutually acceptable agreement on issues such as divorce, child custody, and property division. The mediator facilitates communication but does not make decisions for the parties.

This process encourages cooperation and can often lead to solutions that are more flexible and suitable for both parties compared to court-ordered judgments.

Can a parent legally stop grandparents from seeing their grandchildren?

A parent can decide who a child spends time with unless there is a court order in place. If contact has been stopped and you believe a relationship with you is in the child’s best interests, you may be able to seek legal advice about mediation or applying for parenting orders.

Can grandparents apply for urgent parenting orders?

Grandparents may be able to seek urgent orders if there are serious concerns about a child’s safety, care or stability. This may include concerns about family violence, neglect, substance use, unsafe living arrangements or a child being removed from a safe carer. Legal advice should be sought quickly in these situations.

Do grandparents need a lawyer to apply for parenting orders?

You are not required to have a lawyer, but legal advice can be valuable before you apply. A lawyer can help you understand whether you are eligible, what evidence may be needed, whether mediation is required, and how to frame the application around the child’s best interests.

What is the difference between a parenting plan and parenting orders?

A parenting plan is a written agreement, but it is not legally enforceable in the same way as a court order. Parenting orders are made or approved by the court and create legally binding obligations. Grandparents should get advice before relying on either option.

Can grandparents apply if the parents are still together?

Yes, grandparents may still be able to apply for parenting orders even if the child’s parents are together. The court will focus on whether the proposed arrangement is in the child’s best interests, not simply whether the parents agree.

Under the emotionally trying circumstances of separation and divorce, you may find yourself wondering ‘How does child support work?’. Whether you are a parent who wants to understand more about child support or someone who has received a child support assessment to pay child support to someone else, understanding how child support works is essential.

In this article, we will delve into the details of child support including what it is, how it is calculated, and other important information.

At Daykin Family Law, we guide you through the maze of child support and into your bright, new future. We are your trusted advisors in one of the most difficult times in your life. You can rely on our team of dependable, expert family lawyers to provide clear direction and steps toward meeting your goals. Contact us today to find out how we can help.

What Is Child Support?

Child support is when one or both parents provide financial support to the other or a caregiver to cover the expenses related to caring for a child or children. In some cases, child support may be paid to a person other than the parents who is taking care of the children.

To determine the appropriate amount of child support, parents can either come to an agreement or seek an administrative assessment from the Department of Human Services (Child Support), or there can be a combination of the two. If a dispute arises regarding child support, it is recommended to seek legal advice – and if you need help, contact Daykin Family Law today.

How to Apply for Child Support

To apply for Child Support by way of an assessment through the Australian Government, the simplest method is to do it online, using the Government’s Child Support Applications Service. Once you have submitted your application, it will be reviewed and you will be informed of the result.

After your application has been reviewed, you can set up self-service and handle your child support online. Before you begin the application, ensure that you meet the Eligibility Criteria. If you or the other parent resides outside Australia, you may need to apply to that country’s child support authority.

If you are afraid of negative consequences from requesting child support, you have lots of options. You can speak to a support worker through the Centrelink employment services line or visit the 1800RESPECT website for assistance, alternatively, seek legal advice and contact us today.

To establish a self-service account, you can go to the Government’s Child Support self-service page and set up a myGov account if you don’t already have one then log in to your MyGov account and select Child Support online account.

If you are unable to apply online, you can contact the Child Support Enquiry Line. If you wish to withdraw your application, you may do so before a decision has been made. You and the other parent will be notified of the outcome, as well as the amount and start date of the payments if an assessment is made.

How Much Will You Pay?

It is generally understood that both parents share the expenses for their children, and this is determined by Child Support (Services Australia) based on the combined income of both parents and other factors. You can see how much you might have to pay, or you might receive, by using Services Australia’s online Child Support Estimator. Before making the calculation, a “self-support amount” is subtracted from each parent’s income. The parent with the higher income is generally required to pay a larger portion of the children’s costs, depending on the relevant care arrangements.

Is Child Support Taxable Income?

The good news is that received child support is generally not part of taxable income, and, when you pay child support, you might also be eligible for Family Tax Benefit Part A.

In order to be eligible, you must provide care for your children at least 35% of the time, you may also need to demonstrate to Centrelink that you have requested a child support assessment from the other parent unless special circumstances are present. It may be necessary to discuss this with your Centrelink social worker.

Parents who receive Family Tax Benefit Part A at a rate higher than the base amount are generally required by Centrelink to apply for a child support assessment. The amount of time you spend caring for your children, including both daytime and overnight care, will be considered by Centrelink when calculating your Family Tax Benefit Part A.

In addition, your annual household income, including the income of any new partners, as well as child support payments for each child, can impact your eligibility for Family Tax Benefit Part A.

On top of this, it can be important to file your tax returns annually because Child Support (Services Australia) and the Australian Taxation Office exchange information. If you are late in filing your tax return, your child support assessment for previous years may be affected, resulting in overpayment or underpayment of child support, which could cause financial difficulties. You may wish to seek advice from your accountant regarding these issues.

When Do The Payments End?

Typically, child support payments continue until the child reaches 18 years of age. However, there are certain circumstances under which the payments may cease earlier, such as if the child becomes self-sufficient, gets married or enters into a de facto or marriage-like relationship, is adopted, or passes away. In some cases, child support may be payable for a child over 18 years old.

Can I reach a private agreement on child support?

Yes, you absolutely can. Contact us today to talk about your other options, such as a Limited Child Support Agreement or a Binding Child Support Agreement. We have other articles for you to read on such avenues.

Choose Daykin Family Law – Your Trusted Child Support Lawyers in Brisbane

Understanding how child support works is essential for parents to ensure that their children receive the necessary financial and emotional support they need to thrive.

At Daykin Family Law, we recognise the importance of this process and the impact it can have on your family’s future. That is why we are here to guide you through the maze of child support and into your bright, new future.

Our team of expert family lawyers in Brisbane is ready to provide you with the support and direction you need to meet your goals and protect your children’s best interests. Whether you need assistance in reaching a child support agreement, seeking administrative assessment, or resolving a dispute, we are your trusted advisors.

Contact us today to find out how we can help you navigate this challenging time and secure your family’s future.

IIn this article, we cover everything you need to know in regard to how to get a divorce in Australia.

The decision to divorce is a deeply personal one and should be made after careful consideration and ideally with the support of loved ones and professionals such as counsellors, as well as family lawyers.

At Daykin Family Law, we guide you through the maze of divorce & separation and into your bright, new future. We are your trusted advisors in one of the most difficult times in your life. You can rely on our team of dependable, expert family lawyers to provide clear direction and steps towards meeting your goals. Contact us today to find out how we can help.

1. Which Divorce Application Should I File?

There are two primary types of divorce applications:

Sole Application

The first type of divorce application is a sole application – as the name implies, this is when one party files for divorce without the other.

If you choose to pursue a sole application, you will be referred to as the applicant and the other party will be known as the respondent. Only the applicant must sign the application, the respondent does not need to. As the applicant, you will be responsible for serving the application on the respondent.

If you have children under the age of 18, you will need to appear in court in order to process a sole application.

Joint Application

A joint application is when both parties decide to file for divorce together.

When filing a joint application, both parties are referred to as joint applicants. One party will generally complete the application and provide a copy for the other party to review and sign. When filing electronically, you will have the option to print the document and provide a copy to the other party for review. If you file a joint application, there is no need to serve documents on the other party.

You do not need to appear in court if you file a joint application.

2. Check Your Eligibility For Divorce Application

When looking at how get a divorce in Australia, you must first ensure you are eligible and meet the following requirements.

(a). Be A Resident Or Citizen Of Australia

To be eligible for divorce in Australia you must either

have Australian citizenship, or
be lawfully present in Australia for at least the last 12 months and intend to continue living here.

If you fall under the latter category, you will generally need to provide evidence, such as your passport and a valid or current visa, to prove that you have been living in Australia for at least one year.

(b). Your Marriage Must Have Broken Down Irretrievably

In Australia, you can only apply for divorce if your relationship has broken down irretrievably.

You must be able to prove that the marriage has broken down, which can be done by providing evidence of the separation, such as a separation agreement or evidence of living apart.

Additionally, it is essential to note that the court must be satisfied that there is no reasonable likelihood of reconciliation between the parties. This means that at least one spouse must regard the marriage as over on the date of separation (and in some way communicated this to the other spouse) and there is no chance of getting back together.

(c). You Must Have Been Separated For At Least 12 Months And 1 Day

To be eligible for a divorce in Australia, you must have been separated from your partner for at least 12 months and 1 day. Even if you are still living in the same home as your partner, you may still be considered separated, as long as you have been living separately for that time.

(d). You’ll Need Your Marriage Certificate

If you were married in Australia, you must provide a valid marriage certificate. This certificate can be obtained from the Registry of Births, Deaths and Marriages in your state or territory, or you can use the ceremonial certificate issued at the time of the marriage. If you do not have a marriage certificate, you should contact the Registry of Births Deaths and Marriages in your state or territory to obtain a copy.

If you were married overseas and your marriage certificate is not in English, you will need to have the certificate translated by a NAATI-certified translator and attach both the original certificate and translated document to an Affidavit of Translation of Marriage Certificate. NAATI maintains a directory of certified translators and interpreters. If you are unable to obtain a marriage certificate from overseas, you must provide an affidavit outlining the details of the marriage and the reasons why you are unable to provide the certificate.

3. Applying For Divorce

The easiest way to apply for a divorce is electronically using the Federal Circuit and Family Law Court of Australia’s online system.

You can submit it electronically through the Commonwealth Courts Portal, which offers secure access to your court file, the ability to file documents electronically, and access to court orders at all times. If you need more info check out the how to apply for divorce PDF from the FCFCOA.

4. Getting Legal Advice From Experts

Daykin Family Law is a reputable and experienced family law firm located in Brisbane. We specialise in handling divorce cases and have a team of experienced lawyers that are knowledgeable in all laws and procedures surrounding divorce.

We can provide legal guidance and representation throughout the entire divorce process, from filing for divorce to finalising the settlement. We can also help with issues related to child custody, property division, and spousal support. Contact us today for assistance with your divorce to ensure the process goes as smoothly and efficiently as possible.

This is one of the first questions we are often asked by our business owner clients. You spend years building an empire, whether it be large or small, and you are understandably anxious about how separation will impact on what you’ve built and what the future holds.

The first step is to ensure that there can be no immediate impact on the running of your business. Any fallout from the inter-personal relationship with your former partner or spouse must be managed so that it does not impede its operational running or damage its reputation. We assess the risks with you as some urgent matters may need to be attended to, particularly if your ex has access to business accounts, important documents or the premises or staff generally.

In more severe cases where attempts to curtail damaging behaviour have been exhausted, or urgent and swift action is required, there a range of remedies available from the court. This can include restraining a person from taking certain steps which may cause loss to you or the business. In our experience, a firm approach from the start can assist in resolving such issues quickly without litigation. However, where harm to business operations is imminent, an application may need to be filed with the court without delay to protect your business and assets.

Once any urgent issues are identified and dealt with, attention should be focussed on crafting a settlement to finalise the financial aspects of your separation. Settling matters early can save on legal costs and the emotional strain associated with protracted negotiations or litigation.

An initial step towards this finality is making disclosure of your financial circumstances. In our experience, the quickest way to create tension, distrust and a sharp escalation in fees is to be opaque in the way someone discharges their duty to make full and frank disclosure. If an opposing lawyer deems that the other party is refusing to make disclosure or is not being forthcoming with the documents needed to advise their client, chances are they are advising on their end to file proceedings in the court to obtain an order for disclosure. This should be avoided as there are lengthy queues in the court and litigation can be costly. We will guide you on the necessary documents to disclose having regard to the nature of your entities and extent of your assets, liabilities, superannuation and financial resources.

It is often a good idea to involve your trusted accountant at an early stages if they were not already involved from the outset. We have had many initial meetings with clients and their financial advisors to gain clarity at the first meetings about what clients want to achieve and how value can be added to their affairs through restructuring as part of the family law process. It is also important to be across any potential taxation consequences of a proposed settlement, Division 7A issues, the structure itself (including trusts interests of the parties and associated issues), future asset protection and other important matters.

In some cases, the accountant is also trusted by the former spouse or partner and can play a positive role in achieving a settlement sooner, such as facilitating the efficient exchange of disclosure and even in reaching agreement on a valuation for a business to avoid the cost of an independent valuation as part of the family law process.

Coupling anxiety about what the future holds for your business with the emotional stress of a relationship breakdown itself can take a significant toll. We take a no-nonsense and pragmatic approach to advising our clients, guiding them on the path that will best achieve their goals and allow them to get on with the important job of running their business or home or whatever it is that they want to do next. Contact us today for a reduced fixed fee initial consultation with Shannon Daykin, an Accredited Family Law Specialist, to discuss your business, protecting your interests and how we can assist in resolving your property settlement as efficiently as possible.