At Stewart Family Law in Brisbane, we can assist with all aspects of Family Law including:
At an initial appointment we can discuss with you your options for resolving issues regarding your children. You may then decide to have an informal arrangement with the other parent or you may wish to formalise the arrangement by way of Consent Orders or a Parenting Plan. It is always best to try to resolve matters without resorting to a Court Application.
Property and Financial Settlements
If you are divorced you only have twelve (12) months from the date the Divorce Order comes into effect to apply for property settlement. If you were in a de facto relationship you only have two (2) years from the date of separation to apply for property settlement.
Separation and Divorce
You are eligible to apply for a Divorce Order once you have been separated for twelve months. You do not need to have been living in separate households during these twelve months and can still be considered as separated if you are living under the one roof. If during part of the twelve-month separation period you have spent time separated under one roof, you will be required to prove to the Court that you were separated during this time.
One of our experienced lawyers can provide you with advice in relation to separation or making an Application for Divorce.
A Financial Agreement allows you to agree to the division of your property in a way that meets your own individual needs.
If you are considering a Financial Agreement, it is vital that you obtain legal advice as one of the requirements for the Agreement to be binding is that each party has received independent legal advice. It is also important that the Agreement complies with the Family Law Act as the Court can set aside an Agreement on a number of grounds.
De Facto and Same-Sex Relationships
A de facto relationship is one between two adults who live together as a couple, and who are not married. You are able to apply to the Federal Circuit and Family Court of Australia to obtain parenting orders for a child of a relationship and property adjustment orders in relation to your assets and liabilities.
Same sex and heterosexual de facto couples are entitled to the same rights as married couples.
Financial support for children is the responsibility of each parent, and is usually determined by an administrative assessment from the Child Support Agency (CSA). You cannot apply to the Federal Circuit and Family Court of Australia for child support, unless your child or children are not covered under the Child Support Assessment Act 1989.
Our team can assist you in assessing your eligibility for child support and drafting a Binding Child Support Agreement or Limited Child Support Agreement. If you are unable to reach an agreement, the Department of Human Services can also assist in assessing and collecting child support.
Spousal maintenance can be payable if one party has a need for spousal maintenance, that is that party’s reasonable expenses are greater than their income, and the other has the capacity to pay, which is that party’s income exceeds their reasonable expenses.
One of our experienced lawyers can provide you with advice in relation to making an Application for Spousal Maintenance or entering into a Binding Financial Agreement in order to protect yourself from a spousal maintenance claim.
If you feel you may be experiencing domestic violence, one of our experienced lawyers can help you to apply for a Protection Order and represent you in Court.
If a domestic violence order has been sought against you, our team can advise you on your options, including consenting to an order without admission, or opposing the order and having the matter heard by a Magistrate.
Representation in Court
Attending Court and appearing before a Judge can be a somewhat daunting experience, particularly for people who are self-represented. One of the benefits of instructing a solicitor to act on your behalf is that your solicitor will be able to guide you through the Court process from start to finish. This is something we at Stewart Family Law do all the time.
Mediation and Family Dispute Resolution
Director Judy Stewart has facilitated mediations since 1995 and conducts parenting, property and child inclusive mediations.
Mediation is a great place to start for families who are separating. It allows you to have control over what your life post-separation will look like and often leads to a quicker and more respectful resolution of your Family Law matter.
Judy Stewart is a qualified Parenting Coordinator.
A Parenting Coordinator (PC) assists separated parents to communicate effectively, manage conflict and solve disputes related to parenting issues following a Final Court Order or Parenting Plan.
Judy Stewart and Temika Slee are qualified Collaborative Lawyers and are members of the Collaborative Law Association of Queensland.
The Collaborative Law process involves each party, their solicitors and any other collaborative professionals working co-operatively together to reach a mutually acceptable agreement without Court intervention.
Judy Stewart is an Accredited Family Law Specialist and AIFLAM Registered Arbitrator.
Arbitration is an alternative process to Court proceedings, which you and your former partner can engage in by agreement, that still involves an independent party (an Arbitrator rather than a Judge) making a binding decision in relation to how your property should be divided.
If you are a solicitor who needs someone to appear on your behalf at an upcoming Court appearance, or inspect subpoena documents for you, then please get in touch. We guarantee reliable and efficient service with last minute agency work being one of our specialties.