You should bear in mind that because of the very nature of family law (and defacto property) each case will be determined on its own facts by the relevant Court under the Family Law Act or at present in the case of unmarried couples, under state legislation, the Property Law Act (Qld).  You should be aware that legislation has been passed in Queensland (and other states) to allow the Commonwealth Government to bring unmarried couples (not same sex couples) under the Family Law Act provisions.  The Commonwealth Government is yet to amend the Family Law Act which means that for the time being defacto couples remain in the state jurisdiction.

WHAT TO DO?

If you and your partner are not able to reach an agreement about how to resolve your property issues you should seek legal advice in relation to your particular circumstances.

If you have reached an agreement regarding property issues you should formalise the agreement to ensure that all financial issues are finalised between you in accordance with the provisions of the Family Law Act.  This can be achieved by way of Consent Orders or a Binding Financial Agreement.  Without a legal end to property issues litigation in the Family Court will remain a possibility even if you are divorced.

Contact us for:

• Advice on your legal position;
• Mediation of your property issues;
• Advice on how to deal with your family law (property and childrens) issues through the Collaborative Law process.
• Advice on how to minimise and/or remove the possibility of future litigation by way of Consent Orders or a Financial Agreement. legal finalise financial matters

After all your financial future will depend upon the quality of the professional assistance you obtain.  Where property and children's issues are in dispute it is imperative that you are properly informed of all of the methods of resolving the issues in dispute.

We are committed to obtaining the best possible outcome for you and your family through alternative dispute resolution methods unless Court proceedings are indicated by the facts of your particular case.

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