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Family Lawyers Brisbane

At Barton Family Lawyers, we understand that separation, divorce, and family disputes are among the most difficult challenges you can face. As dedicated family lawyers Brisbane wide, we focus exclusively on family law, meaning your case is handled by specialists who know the system inside and out. Our mission is simple: to provide compassionate, practical, and cost-effective solutions that make a positive difference in your life and future.

As an experienced family law firm, we work together on your case to deliver outcomes that are fair, strategic, and focused on the best interests of you and your children. Whether you are navigating the end of a relationship, negotiating parenting arrangements, or dealing with property division, we are here to guide you every step of the way. Our team of Brisbane family lawyers is committed to clarity, transparency, and strong communication throughout the process.

If you’re ready to take the first step, contact our family lawyer team on  3465 9332, email [email protected], or get in touch through our online contact form to arrange your initial consultation with the family lawyers Brisbane locals trust.

    Why Choose Us? 

    Our Family Lawyers Brisbane Services 

    We offer a complete range of family law services, providing you with clarity and support across all aspects of separation and divorce. Our Brisbane family lawyers and highly experienced family law solicitors deliver tailored advice backed by years of specialised experience.

     

    Property Settlement Lawyer

    Dividing property after a divorce or separation can be one of the most complex and stressful parts of the process. Our experienced team will guide you through negotiating and finalising a fair division of assets, including the family home, investments, businesses, and trusts.

    Spousal Maintenance Lawyer

    If you require financial support after separation, or if you are contesting an unfair claim, our trusted and experienced family law firm will help you negotiate or apply for the right outcome.

    Superannuation Splitting Family Law

    Under family law, superannuation is treated as property. Our family law solicitors will advise you on the process, its implications, and prepare legally binding agreements.

    Child Custody Lawyer

    Parenting disputes can be stressful. With a family lawyer Brisbane clients trust on your side, you’ll have an advocate who prioritises the wellbeing of your children while working toward practical arrangements.

    Child Support Lawyer

    Whether you are paying or receiving support, our experienced Brisbane family lawyers will help ensure fair and accurate child support arrangements.

    Child Relocation Lawyer

    Moving with children requires careful legal management. Our family law solicitors will guide you through negotiations and applications to protect your rights and your children’s future.

    Parental Kidnapping Lawyer

    In urgent situations involving unauthorised relocation or child abduction, you need immediate legal advice. That’s why our family law firm acts swiftly to protect your family.

    Consent Order Lawyer

    Our team drafts legally sound consent orders to reflect parenting or property agreements. Your Brisbane family lawyer will ensure your documents are watertight and court ready.

    Binding Financial Agreement Lawyer

    Also known as prenups, these agreements require precision and sensitivity. Our Brisbane family lawyers will guide you through drafting or reviewing an agreement that secures your future.

    Divorce Lawyer

    Our experienced Brisbane family lawyers help you navigate every stage of the divorce process, from preparing your application to managing time-sensitive requirements and communicating with your former partner.

    Domestic Violence Lawyer

    If you require urgent protection, we’re the family lawyers Brisbane clients turn to for help securing orders to ensure their safety and the safety of their children.

    Family Court Lawyer

    If your case proceeds to court, our family lawyers will provide skilled representation to protect your rights and work toward the best outcome.

    Family Mediation Lawyer

    For families wishing to avoid court, we can facilitate structured negotiations designed to produce lasting and workable solutions.

    Which Box Best Describes You?

    I Want to Negotiate Asset Division

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    I Want to Negotiate Child Custody

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    I Want Representation at Mediation

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    I Want Representation at Court

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    I Want Consent Orders

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    I Want a Binding Financial Agreement

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    I Want a Protection Order

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    I Want a Divorce

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    Why Choose Barton Family Lawyers as Your Family Law Firm?

    When it comes to navigating family disputes, choosing the right lawyer makes all the difference. At Barton Family Lawyers, we are more than just family law solicitors. We are your advocates, your strategists, and your support system.

    Here’s what makes us different:

    • Exclusive Focus on Family Law – We practice nothing else. Every member of our family lawyers Brisbane team brings specialist knowledge and deep experience.
    • Fixed Fee Pricing Model – With clear and transparent fees, you remain in control of costs at all times.
    • Client-Centred, Strategic Legal Advice – We listen, understand, and create tailored strategies that reflect your goals and priorities.
    • 50+ Years of Combined Experience – Our collaborative approach draws on the strengths of our entire team, giving you the benefit of decades of expertise.

     

    Our team of Brisbane family lawyers are compassionate yet fierce when necessary. We understand the tactics of high-conflict disputes, including cases involving narcissistic abuse, and we know how to protect your rights without escalating unnecessary conflict. Our proven strategies save you time, stress, and money.

    Start Your Journey with Our Brisbane Family Lawyers

    At Barton Family Lawyers, we believe in helping clients move forward with clarity, fairness, and confidence. Whether you are facing separation, property division, child custody negotiations, or the complexities of domestic violence and court proceedings, we’re the family lawyers Brisbane clients choose for unwavering support.

    Call our trusted team of family law solicitors today on 3465 9332, email [email protected], or contact us online to arrange a reduced-rate initial consultation. Take the first step toward clarity and confidence with the family lawyers Brisbane residents depend on.

    We Let Our Clients Do the Talking…

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    I cannot recommend this law firm enough, especially Shania, who has been nothing short of exceptional. Right from the start, she was a total professional and a fierce advocate. Shania knew exactly what I wanted, stayed focused, and went straight for it without hesitation. Her presentation of my case was flawless; her delivery was so sharp it left everyone speechless. She’s been on point every step of the way, and so far, she has secured everything I hoped for, heading into the final hearing with a strong foundation.

    I chose this firm because of their deep expertise in handling narcissistic abuse cases, and Shania has demonstrated an exceptional understanding of the complexities involved. This is a lawyer that truly knows what she’s doing, and she’s incredibly dedicated to delivering results. Don’t waste time looking elsewhere—go straight to this firm. Shania knows what you’re going through, understands what you need, and will go above and beyond to get it for you.

    Jai

    Forever grateful to Chris and Rachel and the whole team at Barton Family law for keeping my child and myself safe. They went above and beyond and there were no hidden costs or surprises to stress about such as paying per email or phone call throughout the ordeal. They were upfront and honest and made sure I was well represented. Thank you all so much for everything.

    Nat

    Barton Family Lawyers are an exceptional group of people.

    Before my initial consultation, I was confused and felt trapped. I expected to lose what little I had left. Engaging the support of Barton Family Lawyers was a turning point and the single best decision I have made in my life so far.

    Chris, Rachel and Chloe were unwavering in their support. No question went unanswered. The expectations and options available were always clear, fair and realistic. Thanks to the teamwork that went on in the background, I was able to start focusing on rebuilding my life before the matter had come close to finalising.

    Words do not do justice the level of passion, professionalism, integrity and genuine care that is on display in everything that Barton Family Lawyers does.

    Thank you Chris, Rachel, Chloe and the rest of the Barton team. The future of Barton Family Lawyers and its people is bright. No doubt the same can be said of anyone else who seeks their support.

    I owe my future in large part to you and will be a lifelong advocate.

    Timothy

    Barton Family Lawyers were fantastic – especially Ellie. Ellie was so professional, thoughtful & proactive with her dealings with me. She was always keeping me updated & was so genuine in looking after me & my best interests. In the most stressful & difficult time in my life Ellie always went above & beyond to ensure this was one area I didn’t need to worry about. I absolutely recommend Ellie & Barton Family Lawyers! 😊

    Debbie

    Ellie and Alice make a wonderful team. Ellie is incredibly knowledgeable, thorough, precise and approachable. She ensures you have a full understanding of processes and timelines by providing detailed information and maintaining regular contact. I felt supported throughout the entire process. Alice was an integral part of the entire process and really made me feel I always had a point of contact, was calm and considerate no matter the query and really spent quality time assisting when needed. I highly recommended Barton Family Lawyers and this team in particular.

    Kelly

    Had the most incredible experience with Barton Family Law. Shinai and the entire team were always so helpful and made me feel like I had someone in my corner fighting for me. They helped navigate me through big life challenges and I always felt supported. The fixed fee agreements took so much of the stress away knowing you’re not paying by the hour – and you get a breakdown of what they’re going to do. Couldn’t recommend enough! I will use them again in a heartbeat if I need to!

    Keely

    Barton Family Lawyers were recommended to me by another law firm as they didn’t deal with family law matters. All of the staff at Barton were very professional and constantly kept me informed every step of the way and they achieved a very good outcome for me without costing a fortune. I would have no hesitation in recommending them to others and already have. You can be confident Barton Family Law will ensure your best interests are their priority.

    Frank

    Barton Family law handled my separation property settlement, professional and courteous, prompt responses and exceptional advice.
    Cailey and Samantha were outstanding and extremely helpful with the whole process.
    Highly recommend Barton Family Law for any family law matters

    Trent

    Thank you Shinai and the team at BFL. They were professional, knowlegable and patient with all my queries and concerns throughout the process, and always communicated in a timely manner. The fixed fee arrangement was great, as I was aware of all costs up front, removing further stress in the process. I am so thankful for the wonderful team that guided me with patience and compassion throughout this journey, and achieved the outcome I had hoped for.

    Marta

    Shinai and her team were great to deal with during a difficult seperation.

    Professional and understanding from start to finish.

    I have no hesitation in recommending Barton Family Lawyers

    Martin

    Courtney and her team at Barton were fantastic. They are highly knowledgeable, experienced and efficient, but are also sensitive and compassionate regarding the difficult circumstances surrounding family law matters. Their communication is great and with their fixed fee agreements, you feel confident to ask questions to ensure you have all the information you need to navigate the court system. Thank you Barton Lawyers!
    1

    Nikki

    I researched who I hoped to be the best to represent me when I finally made the decision to go down the road I did. I chose Barton Family Lawyers because of the information on the website and I was not disappointed. I really did not know what I was about to come up against and I could not have asked for or expected to have such an amazing and wonderful team in my corner.
    I appreciate all the hard work that was done. They went above and beyond to help me get through the gruelling processes.
    Everyone who I came in contact with along the way in the office was always so warm and friendly and nothing was too much trouble.
    A special mention of Courtney, Shinai and George. I honestly can not thank them enough and can not express how grateful I am for their time and patience with me. I don’t know how they do what they do. I can only imagine that it must be rewarding when they achieve a good outcome.

    Cath

    Undertaking a drawn out and complicated property settlement, Courtney’s approach was down to earth and practical. Courtney started with the initial consultation, going through each scenario allowing me to make decisions best suited to my circumstances. This was particularly relevant when dealing with the other party in the dispute – who was reticent in consulting on a resolution. Courtney offered a number of different choices and options of retaining expert opinions, allowing me to work with people that were a right fit for me.

    Courtney and her team worked above and beyond core business hours to ensure all detailed analysis of documentation, at times within a short turnaround (usually on a Friday at 6pm). This was the real stand out to me, a firm that wasn’t just looking at billable hours but genuinely committed to ensuring care and attention were given when necessary.
    As a client, Courtney worked on my behalf and also with me to achieve an outcome that was just and equitable. Giving understanding during periods of frustration and encouragement to just follow the process. I can genuinely say Barton Family Law is a practice that cares about getting the best outcome for their clients no matter how simple or complicated the matter is. I would highly recommend Barton Family Law, Courtney and her team.

    Felicity

    I had the pleasure of having Shinai and Courtney represent me in a family matter. Both were delicate and considerate of my situation and achieved the best outcome for property settlement and separation in my divorce. Very grateful for the work they both did.

    Katrina

    Knowledgeable, experienced and very professional, always putting my needs first. I would not have made it to the end of my very lengthy settlement had it not been for Courtney and Shinai’s support.

    Libby

    Excellent Family Law Practice. Always quick to answer emails and return phone calls. The team is dedicated to the practice and to the clients. The best results are achieved because they all collaborate on every case. So very pleased with my outcome.

    Jen

    I engaged Courtney and Shinai for a property settlement after being unimpressed with the support and energy given by a previous lawyer. Courtney worked on my settlement whereby I felt my best outcome was being fought for. Shinai was knowledgeable and patient with all my enquiries during a difficult time . Many thanks. Highly recommended.

    Scott

    Courtney and the team were very professional, prompt and upfront in handling the parent order as well as filing my divorce. The team patiently answered all my questions, talked me through the whole process and were very quick in getting the matter settled – which is ideal during a stressful and upsetting period. I highly recommend their services.

    Marcela

    I can’t speak highly enough about my experience with Elizabeth. She worked hard and diligently to make sure I had the best possible outcome for my situation.
    I had an all round positive experience with everyone from Barton family lawyers, but Elizabeth was exceptional. Thank you so much for everything.

    Dominique

    Courney is the only person I would call if I ever had any legal issues. Her help, knowledge and experience had helped tremendously through the rough times during my children and property court battle. I highly recommend Barton Family Lawyers!

    Sinisa

    Found Courtney and George not only to be very professional but also very caring and courteous and I would strongly recommend using their services to family and friends if ever needed.

    Michelle

    Courtney is a master at her profession.She promised me she would get my power back ,and she delivered.She is a balance of great empathy and fights for you all the way ,the outcome was exactly what i needed.I highly recommend her and her amazing team,to get you the outcome you want.

    Kym

    I had Cortney help me with my family court matter. I couldnt have asked for a better team. From the start the care and understanding from the whole team at Barton was outstanding. I will be forever grateful for the outcome. If you are after a awesome family lawyer look no further. The photo never would have been possible without Courtney and her team. Thank you

    Danny

    Thank you to Courtney and the Barton team for guiding me through a difficult and confusing separation process. Barton Family Lawyers kept me updated, acted immediately on my questions and instructions and most importantly put my best interests forward at all times.

    There really is no way to put a price on the stress relief Barton’s exceptional service, understanding and drive for results brings.

    Highly recommended if you want the work done right, first time.

    Chris

    Courtney and her team have gone above and beyond for myself and children. I’m so appreciative of them fighting for what was fair for myself and children.
    Courtney knows how to deal with narcissistic behaviour and she had given me support and guidance through this traumatic experience.
    Courtney is open with you and honest. Every email she sends or receives comes back to you and she will let you know what is important or not. They helped me through the process with detailed billing.
    I could not have found anyone better to deal with my difficult separation than Barton family firm.
    Everyone in the team I can’t say how grateful I am to everyone who work on my case. Thank you is not big enough. But I am thankful.

    Amanda

    Frequently Asked Questions

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    All parties in a financial separation must share full financial information, including assets, liabilities, income, and super. Failure to disclose can jeopardise consent orders and settlement outcomes.

    You’ll be asked about finances, assets, children, separation date, and your goals. This helps us understand your situation and explain possible paths forward.

    No. The Court looks for an 'equitable' settlement, not an equal one. How property is divided depends on contributions, needs, and other factors.

    Assets acquired post-separation are generally considered part of the property pool and may be included in settlements unless exceptional circumstances apply.

    You may share liability for debts, especially if they are included when courts assess the overall property pool. Debt incurred post-separation might be considered, depending on purpose and fairness.

    You should seek urgent legal advice, as once assets are gone, recovery is very hard. There may be legal relief available to protect your entitlements.

    Both parties may be responsible until an agreement is reached. If full payment isn’t feasible, options include hardship arrangements or selling the property to avoid financial loss.

    De facto partners have similar property rights to married couples. The Court looks at things like cohabitation, finances, and mutual commitment to decide.

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    Money from family may be treated as either a loan or a gift, depending on evidence such as written agreements and repayment expectations, which can significantly affect how the property settlement is divided.

    Generally, no. Most super splits must stay in super funds until retirement, unless exceptions (such as someone already in pension phase) apply.

    While not mandatory, valuation helps ensure fairness and that both parties’ entitlements are accurately reflected.

    No, but doing so (via consent orders or binding financial agreements, or documented parenting plans) protects your rights, reduces future disputes, and provides legal enforceability.

    Yes, in some cases, if one party lacked independent legal advice, there was non-disclosure, duress, or the circumstances significantly changed.

    A child’s views are considered among many factors when determining their best interests. There is no fixed age that gives this right automatically. Each case depends on the individual circumstances.

    Domestic violence is a crucial factor in custody and adoption decisions, as courts weigh both protection and maintaining meaningful relationships. In rare and extreme situations, violence may also be considered in property settlements if it impacted contributions during the relationship.


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    The Brisbane Family Lawyers

    We all collaborate on your case together to deliver the best practical outcome that makes a positive difference in your life

    We specialise in all areas of separation and divorce, whether you are looking to divide assets, split superannuation, negotiate child custody arrangements, obtain spousal support, negotiate child support, attend mediation, or apply for a protection order or a divorce.

    Our Brisbane family lawyers are committed to helping you navigate through these difficult issues and achieve a fair outcome for you and your family, and an outcome that prioritises the best interests of your children, as quickly and cost-effectively as possible, whilst avoiding court.

    Our team of lawyers have helped countless people just like you to successfully navigate separation and divorce.

    We will help you to gain control over your life and certainty about your future.

    We will listen to you and build a strategic plan that is tailored to your case, to assist you to achieve your goals.

    With 50+ years experience in family law, we collaborate on your case together, in order to deliver the best practical outcome that makes a positive difference in your life.

    For your peace of mind, we offer fixed fees for all our services, tailored to your specific needs, so you are in control of your costs.

    If you are separated or about to separate, come and see one of our experienced Family Lawyers for a reduced rate initial consultation for $300.

    Alternatively, you can choose to be placed on the waiting list for an appointment with our Practice Director, for $600.

    Barton Family Lawyers provide superior quality service to you through every step of your separation journey.

    Get expert legal advice following separation by calling our family law team on 3465 9332

    To learn what we offer at our Clean Slate Consultation, to find out what to expect and to access valuable resources to prepare you for a Clean Slate Consultation, click here.

    Why Choose us?

    Our Lawyers collaborate as a team on your case

    At Barton Family Lawyers, we recognise the importance of establishing a relationship of trust with our clients. Our team is well-versed in navigating complex family law challenges. Our team of lawyers are caring and compassionate. We will fight fiercely for you in order to achieve your goals. We empower you with options, including the pros and cons of each, and realistic expectations in relation to the outcome of your case, so that you can make informed decisions about your future. We specialise in providing expert advice to you, that is practical, strategic and solution focused. We listen to your needs and create a plan that is tailored to your case, in order to achieve your goals. We are more efficient than other lawyers. We will settle your matter more quickly and cost effectively due to our unique fixed fee approach. Our commitment to ensuring clear communication with our clients, transparency of our fees and clarity of our advice makes us Brisbane’s trusted family law solicitors. With 50+ years experience in family law within our team, we all collaborate on your case together, in order to achieve the best practical outcome for you, that makes a positive difference to your life.

    Child custody lawyers

    Separation is a difficult and complex process, especially when children are involved. Our team at Barton Family Lawyers understand how emotionally and financially strenuous that can be, which is why we strive to provide legal expertise with a focus on our client’s interests, as well as those of their children. Our experienced solicitors will move swiftly to resolve your case quickly, ultimately saving both time and money for our clients. We want to help you through this difficult process in the most efficient and sensitive way possible.

    Divorce Lawyers

    We understand that separating from a partner is a difficult process, no matter the reasons behind it. Our team of dedicated professional divorce lawyers are committed to delivering a superior quality of service through every step of your separation journey. With a combined 40+ years of experience in family law, we collaborate as a team on your case, building on each others strengths, in order to achieve the best practical outcome for you. By choosing our team to represent you, you are choosing to be heard and understood, you are choosing a lawyer who you can trust, a lawyer who has your back. We understand family law is complex, but with our experienced team on board working collaboratively on your case, you can approach the whole process with confidence that your needs are met, and your interests are being looked after.

    Domestic violence solicitor

    In order to ensure your safety during the process, we prepare and file numerous protection orders, obtain ouster orders to evict the perpetrator, secure domestic violence orders and more protection orders for victims who have suffered from sexual abuse, physical abuse, verbal abuse, financial abuse psychological abuse, and more. Our team of Brisbane family lawyers are experts in the field of domestic violence and coercive control. We support people just like you to navigate protection order applications in Brisbane City, Caboolture, Redcliffe and Pine Rivers, in order to achieve an outcome that keeps you and your children safe.

    Property Settlements

    With a combined 40+ years of experience in family law, our team of family lawyers have navigated countless property settlements for clients, including cases involving big pools with several entities and trusts and self managed super funds. We are experts when it comes to negotiating with a narcissist. We have successfully argued many difficult cases for clients where other lawyers put the case in the ‘too hard basket’, for example, where one party owns all the assets and has control of the money. We enjoy taking on tricky matters, with complex legal issues or where there is financial inequity between the parties, in order to deliver to you an outcome that is fair and equitable. Our Brisbane family lawyers will draw up a water tight document to legally formalise your agreement.

    Spouse Maintenance

    When partners separate, sometimes one party is required to make spousal support payments to the other. Our family lawyers Brisbane will negotiate the payment of spousal support for you so that you can support yourself and your children adequately. We can also assist you to secure spousal maintenance orders if your former partner is refusing to support you following separation. Our team of lawyers have extensive experience running spousal maintenance applications in court, should an out of court resolution not be achievable.

    Child Support Lawyers

    Financial support for children is a crucial part of providing a secure and stable upbringing. Australian law recognises this importance, which is why it mandates one parent pay another parent to ensure the financial security of their respective children. For many parents, however, navigating the payment or receipt of child support can be a seemingly impossible feat, especially where one parent is reducing their income intentionally in order to limit child support payments. Fortunately, our family law solicitors are highly experienced in relation to child support matters and will fully equip you with the necessary strategy for paying or receiving the correct amount.

    Child Abduction Lawyer

    Relocations to a new town, state or country with a child may occur once permission from the other parent has been granted. Should the parent with custody fail to obtain permission from the other parent, they can seek permission from the Federal Circuit & Family Court. Our team at Barton Family Lawyers will help you file an application to prevent the other parent from relocating unilaterally, or to assist you to achieve an outcome that enables you to legally relocate with your children. We recommend you speak to one of our family law experts before you relocate with your children. Should you relocate without gaining permission from the other parent, this could have a negative impact on your case.

    Superannuation Splitting

    Under the Family Law Act 1975, superannuation is regarded as an asset. After a breakdown of a marriage or de facto relationship, the affected parties can choose to split their superannuation in order to achieve an equitable split of assets. Superannuation is not immediately accessible like other assets. Talk to one of our family law solicitors about the pros and cons of splitting superannuation and we will walk you through the steps to navigate through this process.

    Child Relocation Laywer

    When a parent needs to move for work or family reasons, there are often legal and logistical matters that must be considered. In this situation, hiring a child relocation lawyer provides vital guidance and advice on how to move your family in a way that respects the rights and best interests of the children. Our experienced lawyers will negotiate an outcome to enable you to relocate with the children and visitation with the other parent following your relocation, whilst ensuring that all relevant laws are followed and a watertight relocation agreement is put in place.

    Family Law Mediation

    The difficult process of arriving at agreements regarding issues such as parenting arrangements or property settlements can be greatly assisted by engaging the services of a family mediation lawyer. Barton Family Lawyers understand the complexity and importance of such proceedings and are equipped to provide support throughout the mediation.

    Our family law firm mediations are designed to deliver an outcome to you that gives you power and control over your future. We assist you to arrive at an outcome that is tailored to your individual needs and the needs of your children. Our mediation process assists each party to understand the emotional drivers of the other beneath the surface, which are driving decision making. In our experience, uncovering hidden emotional drivers is the key to understanding human behaviour and it unlocks your capacity to identify your own solutions in order to reach an agreement that works for everyone involved.

    Family Law Court Process Advice

    If you find yourself at a standstill in your dispute and unable to reach an agreement with the other party, then court proceedings may commence. In order to navigate this process smoothly and have the best chance of achieving a positive outcome, it is highly recommended that you enlist the services of Barton Family Lawyers.

    With our wealth of knowledge and expertise in the inner workings of family court, we are well-placed to represent your interests and provide the support you need throughout this difficult course of action.

    Consent Order Family Law

    At Barton Family Lawyers, our team are experts in the field and understand the importance of drafting a water tight consent order to reflect any agreement reached. With our 40+ years of family law experience, our family law team will work diligently to guide you through the entire process from negotiating the agreement, to signing and filing it with the court.

    We will ensure that your rights and interests are paramount during this process and give you practical, strategic and solution focused advice during every step, in order to achieve the best practical outcome for you`.

    Binding financial agreement lawyer

    At Barton Family Lawyers, our experienced team can help you navigate the complexities of establishing a binding financial agreement (also known as a prenup). Our family law solicitors understand the sensitive nature of these agreements. We strive to make the process as efficient, timely and cost-effective as possible.

    With 40+ combined years of experience in family law, our knowledgeable team can provide step-by-step guidance on legally binding financial agreements and offer tailored advice to write an effective contract that best meets your needs.

    What Makes Us Different From Other Law Firms?

    At Barton Family Lawyers, we only practice family law so you can be assured that your case is in the best of hands.

    • We are dedicated to resolving your legal issues quickly and cost effectively, so you can have a fresh start with peace of mind.
    • Our commitment to you goes beyond our years of expertise. We want what is best for all involved and your children’s needs always come first.
    • We value our no-nonsense approach and promise to handle your case efficiently, while at the same time finding ways to reduce conflict between yourself and your former partner.
    • We recognise the importance of establishing a relationship of trust with our clients. No problem is too complex that we can’t work through together.
    • Our team of lawyers care about you and your future. We will fight fiercely for you in order to achieve your goals.
    • We are well educated in relation to narcissistic abuse. We know all the narcissist’s tricks and are never fooled. We know how to slay your negotiate with a narcissist.
    • We empower you with options, including the pros and cons of each, and realistic expectations in relation to the outcome of your case, so that you can make informed decisions about your future.
    • We will provide you with expert legal advice, that is practical, strategic and solution focused.
    • We listen to your needs and create a strategic plan that is tailored to your case, in order to achieve your goals.
    • We are your efficient than other lawyers due to our unique fixed fee approach.
    • Our commitment to ensuring clear communication with our clients, transparency of our fees and clarity of our advice makes us Brisbane’s trusted family law solicitors.

    With 40+ years experience in family law, we collaborate as a team on your case, in order to achieve the best practical outcome for you, that makes a positive difference to your life.

    Our Brisbane Family Lawyers Have Your Best Interests at Heart

    We collaborate as a team on your case to help you to navigate your way through this complex process and achieve power and control over your future, a fair outcome and the best practical outcome for you and your children. Contact Barton Family Lawyers via phone at 3465 9332. To book a reduced rate initial consultation with north Brisbane’s most trusted family lawyers, get in contact with us online.

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    In financial separation matters, each party has a duty of disclosure which requires all parties to give full disclosure of all documents relevant to the case. This includes information and documents that the other party does not know about. Disclosure documents include, for example, bank statements, tax returns, superannuation statements, share statements, payslips and the like. This includes disclosure of assets you have acquired post separation. Disclosure is a compulsory part of the process. To learn more about your duty of disclosure click the link. Beware of failure to disclosure an asset or liability. It could derail your consent order. To learn more about what can happen if you fail to disclose your assets or liabilities, click the link.

    " } }, { "@type": "Question", "name": "What can I expect in my first consultation? What questions will I be asked?", "acceptedAnswer": { "@type": "Answer", "text": "

    Check out our page Book a Reduced Rate Consultation which sets out exactly what you can expect and the questions you will be asked.

    " } }, { "@type": "Question", "name": "Do all our assets get divided 50 /50?", "acceptedAnswer": { "@type": "Answer", "text": "

    No. There is no presumption that the assets are divided equally between you and your former partner. The way assets are divided to achieve an ‘equitable’ settlement for both parties differs depending on the circumstances of each case. To learn more about how to the court works out how to divide your assets post separation, click the link and check out our helpful free information video How a court determines your property settlement entitlements.

    " } }, { "@type": "Question", "name": "What about Assets I have purchased since separation? Can they be excluded?", "acceptedAnswer": { "@type": "Answer", "text": "

    The simple answer is no. The Court is required to consider all property of the parties which exists at the time of the hearing, regardless of when those assets are acquired and all such property may be the subject of an order by the court. This is why it is important to finalise your financial matters with your ex partner as soon as possible after separation, to avoid assets you have purchased after separation being the subject of an application for property settlement by your ex-partner. Click the link to find out more.

    " } }, { "@type": "Question", "name": "What if my ex racks up significant debt after separation. Am I responsible for it?", "acceptedAnswer": { "@type": "Answer", "text": "

    Two parties are not expected to go into a state of suspended economic animation (i.e. you don’t have to press pause on your life) following separation. The Family Court considers all assets, liabilities and superannuation that exists at the time of the Hearing, no matter when acquired. Post separation debt that is acquired for appropriate purposes will be included in the property pool, for example, where it is debt acquired to move out and re-establish yourself. However, if you have unnecessarily increased debt post separation this may be considered wastage, it might be quarantined and in those circumstances it may not be taken into account.

    " } }, { "@type": "Question", "name": "My ex is selling off assets after separation? What do I do?", "acceptedAnswer": { "@type": "Answer", "text": "

    If you don’t sort out your asset division promptly after separation you may find that your ex starts selling or transferring assets without your consent. Once assets are gone, you can rarely claw them back, particularly if the money has been spent or if the asset has been transferred to a bona fide purchaser.We often have clients come to us seeking urgent legal advice about these types of issues, stating for example “my ex has withdrawn $50,000 from the mortgage redraw facility” or “my ex has emptied $100,000 out of the joint account” or “my ex has our house on the market, I did not agree.Click the link to find out what you can do to preserve your property settlement entitlements post separation, or if assets have been already been sold, what relief you can seek from the court.

    " } }, { "@type": "Question", "name": "What happens with the mortgage, rates and water bills post separation? Do I need to pay if the other party is living in the house?", "acceptedAnswer": { "@type": "Answer", "text": "

    The Bank doesn’t care who is living in the house or who is paying the mortgage, they only care that it is being paid. If the mortgage is not paid the bank will come after both of you for payment and it may affect your respective credit ratings if the mortgage is not paid for a period of time. Therefore, we suggest you reach an agreement promptly after separation as to who is paying the mortgage, rates and outlays early on. If neither party can afford to pay the mortgage on their own or split 50/50, it is in the interests of both parties to apply to the bank to put a hardship (interest only) arrangement in place, for a period of 3 to 6 months, pending a property settlement agreement being reached. Otherwise, it may be that you agree to put the house on the market for sale, to minimise any financial losses incurred.

    " } }, { "@type": "Question", "name": "What is a de facto relationship?", "acceptedAnswer": { "@type": "Answer", "text": "

    A de facto couple has the same rights as a married couple. They may make a property settlement claim against the other when they separate. If you want to learn more about the factors the court looks at in determining whether you are in a de facto relationship, check out our article Am I in a De Facto Relationship. If you are wanting to protect your assets whilst you are in a de facto relationship or marriage, click the link and read our article on 10 tips to protect your assets. If you have separated and want to protect your assets, check out our 6 top tips to protect your assets post separation.

    " } }, { "@type": "Question", "name": "My parents lent me money. Is it treated as a gift or a loan? How is it accounted for in the settlement?", "acceptedAnswer": { "@type": "Answer", "text": "

    Disputes often arise in a family law context over the terms of a family loan when a relationship ends. Naturally, upon the breakdown of a relationship, you will maintain that the advance provided by your parents is a loan to be repaid from the asset pool whereas your former partner may maintain that the advance was a gift and that it is not repayable. Whether it is a loan or a gift will depend on the specific circumstances of the case. Click the link to learn the four main criteria the court considers in determining whether the money advanced by your parents is a loan or a gift. If its a loan, then it will need to be paid back out of the property pool or accounted for by the party retaining the loan receiving more of the other assets. If the funds are deemed a gift, it may have an impact on the assessment of the contributions of the parties to the property pool.

    " } }, { "@type": "Question", "name": "Can a superannuation split be accessed as cash when it is transferred to me?", "acceptedAnswer": { "@type": "Answer", "text": "

    Generally no. Most superannuation benefits cannot be paid until the beneficiary (i.e. you) retires. This means you cannot access the funds straight away. Rather the splittable amount is ‘rolled over’ to a new superannuation fund of your choice. There are exceptions to this. For example, if the superannuation fund of the person whose superannuation is being split is already in payment phase, it can generally be accessed as cash and transferred to you.

    " } }, { "@type": "Question", "name": "Can any kind of superannuation be split?", "acceptedAnswer": { "@type": "Answer", "text": "

    Superannuation splitting is not possible for all superannuation interests. Each fund has their own legal requirements for a superannuation split and some types of superannuation interests are unsplittable. For example, most funds will refuse to split a superannuation fund if the fund contains less than $5,000. Some SMSF’s are also difficult to split because doing so would have financial consequences, in particular, it may trigger the payment of tax. Even if those tax consequences are not immediate, it is still an important consideration for you in dividing an SMSF as to whether an asset is pregnant with capital gains tax. You should obtain financial advice as to the impact and tax consequences associated with splitting an SMSF, prior to any agreement being reached.

    " } }, { "@type": "Question", "name": "Do I need to have my superannuation valued before it is split?", "acceptedAnswer": { "@type": "Answer", "text": "

    Whilst you are not required by law to have your superannuation valued, it is advisable to obtain a valuation to make sure that it is attributed an accurate value. A failure to have your super or the other party’s super valued may result in an outcome that is not just and equitable to both of you.

    " } }, { "@type": "Question", "name": "Do I have to document my financial agreement?", "acceptedAnswer": { "@type": "Answer", "text": "

    No. But there are good reasons to have a Brisbane Family & Divorce Lawyer document your financial agreement regarding the division of your assets post separation. Firstly, it makes your agreement legally enforceable. Secondly, it protects you in the future from a claim by the other party over your assets acquired post separation. Thirdly, by doing a consent order or a binding financial agreement, any transfer of property pursuant to that agreement is exempt from stamp duty. Click the links to find out more about the substantial benefits of doing a Consent Order versus a Binding Financial Agreement. Also be sure to check out our helpful Family Law Information Video for a quick summary of the pros and cons of each.

    " } }, { "@type": "Question", "name": "Do I have to document my parenting agreement?", "acceptedAnswer": { "@type": "Answer", "text": "

    No. But there are good reasons to document your agreement with respect to the care and welfare of your children by way of either a Parenting Plan or a Consent Order. Firstly, it gives you certainty about the future living arrangements of your children and other important issues to do with the care and welfare of your children, by providing creating a solid plan that is intended by both parties to be followed in future. In most circumstances, this assists in reducing conflict between you and your former partner. Even if you are amicable we recommend documenting your agreement. Things change, people change and if you don’t document your agreement in a legally binding way, by way of consent orders, you might find the other party trying to renege from it in future. There are however times where a Parenting Plan might be more appropriate in your situation if circumstances are changing.No matter how you choose to document your agreement, do it sooner rather than later, while you are amicable with one another, to create a workable plan that you both intend to follow and to protect your right to spend time with your children in future. Secondly, it creates stability and routine for the children which is important for their emotional wellbeing. For more information on the benefits of doing a Consent Order versus a Parenting Plan, click the link.

    " } }, { "@type": "Question", "name": "Can a Binding Financial Agreement be overturned?", "acceptedAnswer": { "@type": "Answer", "text": "

    Yes. A Binding Financial Agreement can be overturned where it is entered into without the other party having independent legal advice, where there was duress or non-disclosure or where circumstances have changed. Binding Financial Agreements (particularly pre-nubs) are fraught with difficulty and we do not recommend them in 9/10 cases. To find out more about whether a BFA is right for you, click the link.

    " } }, { "@type": "Question", "name": "When can a child decide where they live?", "acceptedAnswer": { "@type": "Answer", "text": "

    When there is a family dispute in relation to a child’s living arrangements, the child’s views is but one of 16 factors in determining what orders are in a child’s best interests. If someone has given you a specific age that a child gets to decide where they live, they are wrong as there is no black and white answer to this question and it depends on the specific circumstances of the case. Check out our family law information video for a summary of our advice in relation to when a child can decide where they live.

    " } }, { "@type": "Question", "name": "How does domestic violence impact on child custody?", "acceptedAnswer": { "@type": "Answer", "text": "

    The overarching factor the Court considers when determining what time a child should spend with both parents, is what is in the best interests of the children. The best interests of the children are determined primarily based on the children’s right to have a meaningful relationship with both parents, balanced against the children’s right to be protected from physical, psychological and emotional harm and neglect. This includes the child’s right to be protected from exposure to domestic violence as the evidence of experts is clear that this can have significant negative impacts on a child’s psychological wellbeing. If a parent commits domestic violence against the other parent, it may have an impact on the orders that are in the best interests of the children.The presence of domestic violence in a relationship is not an automatic bar to a child spending time with a parent. Most of the time the risk of exposure by a child to domestic violence can be mitigated by having changeover between the two parents occur in a manner which ensures the parents have no direct contact with one another. However, in more serious cases, a court may determine that it is in the best interests of a child to spend supervised (or even no time) with a parent. Check out our article on When is supervised time ordered for more information. Every case is different and you should obtain advice from an experienced Brisbane Family & Divorce Lawyer on your specific circumstances.

    " } }, { "@type": "Question", "name": "How does domestic violence impact on asset division?", "acceptedAnswer": { "@type": "Answer", "text": "

    Evidence of domestic violence during a relationship does not commonly influence the outcome of a property settlement. However, in some rare circumstances domestic violence can be relevant to deciding the value of the contributions of a party who was a victim of domestic violence where the course of conduct has had a significant adverse impact on a party’s contributions to a marriage / it has made that party’s contributions significantly more arduous. Read our article on Is Domestic Violence relevant to a property settlement for more information on this topic.

    " } } ] } ] }

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