Family Lawyers Brisbane2024-12-16T12:41:25+10:00

ONE OF BRISBANE’S LARGEST

SPECIALIST FAMILY LAW FIRMS

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Family Lawyers Brisbane

Considering a divorce or a separation? You need support from a Family Law Specialist. At Michael Lynch Family Lawyers, our legal expertise is your gain.

We are Family Law Solicitors in Brisbane, specialising in all aspects of Family and Relationship Law. We are one of the largest Specialist Family Law firms Brisbane-wide, having been established for over 25 years and with over 100 years combined professional experience. Our trusted and highly experienced family lawyers are dedicated to achieving the best outcome for your unique situation. Our family law team will protect your rights, offer focused advice and ensure full confidentiality during your family law proceedings.

Trusted and Compassionate Divorce Lawyers Brisbane

Family issues such as separation, divorce, property settlement and child custody can be the most painful and exhausting times of your life. When choosing a Brisbane Family Law firm to represent you, it is important to know that you will be listened to, understood, and cared for from the very beginning and throughout the entire divorce process. Our team of mostly female divorce lawyers in Brisbane will provide you with the highest-quality service and personal, compassion and attention as we assist you to resolve your family law matters.

All of our solicitors are dedicated solely to Family Law. Client confidentiality is of the utmost importance and we treat all family law issues with the same personalised care and attention. Our specialist Brisbane family lawyers are well-supported by our experienced support staff as we work with family law clients across a variety of matters. We have the skill and commitment to resolve your family law dispute, provide you with family law advice and achieve the best possible outcome for you and your family.

At Michael Lynch Family Lawyers Brisbane, we approach each family law matter with a commitment to tailored legal solutions that suit the unique circumstances of each client. Our team of experienced family lawyers not only brings years of expertise but also a deep understanding of the emotional strain family disputes can cause. We work collaboratively with clients, offering clear, practical advice to help you make informed decisions. From mediation to litigation, we strive for outcomes that protect your rights and secure a positive future for you and your family.

If you’re in need of a family lawyer, Brisbane residents can trust our compassionate and experienced team at Michael Lynch Family Lawyers. Contact us today.

Fixed Price Consultation With Experienced Family Lawyers

Your first consultation is offered at a fixed price, giving you cost certainty and removing the stress of unknown fees right from the start. This allows you to seek trusted legal advice without hesitation, knowing exactly what you’ll pay for that initial guidance. If you are facing a challenging family situation and need trusted, independent legal advice from an experienced family lawyer, make an appointment with our family lawyers in Brisbane by calling (07) 3221 4300. During your first meeting, an experienced Brisbane family lawyer will answer your questions and provide you with clear direction on your next steps.

We hope you find our website useful. Please contact our team should you have any questions about our family law solutions, or would like to discuss your unique situation with an experienced Brisbane divorce lawyer.

Family Law Expertise

Browse for practical tips and advice on all issues that come with separation and divorce – financial, parenting, social and emotional matters, as well as any changes and updates to the Family Law Act

Family Lawyers Brisbane – FAQs

Q: When is the right time to see a Family Law Solicitor?

A: It’s important to consult a Family Law Solicitor as early as possible. If you are considering separation from your partner, booking an initial consultation can help you understand your rights and obligations, as well as the steps involved in the process. Speaking to a solicitor early allows you to plan ahead and make informed decisions. Delaying could mean missing important deadlines, which may negatively impact your case or lead to unnecessary costs if urgent action is required to protect your interests.

Q: How long after separation can I apply for a divorce?

A: You must be separated for at least 12 months before you can apply for a divorce in Australia. This 12-month period demonstrates that the marriage has irretrievably broken down. It’s important to note that during this time, you can still live under the same roof, but you must be able to show that you were living separately in practical terms. Once the 12 months have passed, you can file for divorce, provided all other legal requirements are met, such as the proper service of divorce papers to your spouse.

Q: Can I have a property settlement before my divorce is finalised?

A: Yes, you don’t need to wait for your divorce to be finalised to start property settlement proceedings. You can begin the process as soon as you separate. If both parties reach an agreement on how to divide the property, you can apply to the Court for Consent Orders, which legally formalise the agreement. This can help avoid lengthy disputes and provide certainty. If you cannot reach an agreement, you may need to commence proceedings in the Court to resolve the property settlement. Acting early ensures that your financial interests are protected and allows for a smoother transition post-separation.

Q: Can I apply for a Parenting (Court) Order before my divorce is finalised?

A: Yes, you can apply for both Interim and Final Parenting Orders after separation, even if your divorce is not yet finalised. If both parties agree, the Court can make Parenting Orders to formalise the arrangements for the care of the children. These orders help ensure that parenting responsibilities and living arrangements are clearly defined and legally binding.

Q: What range of property settlement am I entitled to?

A: The range of property settlement you may be entitled to depends on the specific circumstances of your case. The Court will assess factors such as the financial and non-financial contributions made by both parties during the relationship, including the roles of homemaker and breadwinner. Initial contributions, as well as ongoing efforts throughout the marriage, are also considered under the Family Law Act when determining a fair division of property.

Q: Are there alternatives to going to Court?

A: Yes, there are several alternatives to formal court proceedings that can help resolve family law disputes. These include primary dispute resolution processes such as:

  • Mediation, where a neutral third party helps both sides negotiate an agreement
  • Conferences, where discussions are facilitated to reach a resolution
  • Community-based Counselling can also assist in managing conflict and finding common ground.

These methods are often faster, less stressful, and more cost-effective than going to Court. By exploring these options, you may avoid the need for court proceedings and maintain greater control over the outcome of your matter.

Q: What should I do if I am experiencing family violence?

A: If you are experiencing family violence, it is important to seek help as soon as possible. Our trusted family lawyers can assist you in obtaining legal protection, such as a Domestic Violence Order (DVO), to ensure your safety and that of your children. We can also guide you through the legal process, helping you understand your rights and options while providing compassionate, professional support during this challenging time.

Q: What are the legal grounds for Divorce?

A: In Australia, the only legal ground for divorce is that there has been an irretrievable breakdown of the marriage. This means the relationship has ended with no likelihood of reconciliation. To demonstrate this, you must be separated for at least 12 months before applying for divorce. A separation can occur even if both parties continue to live under the same roof, provided there is evidence of a genuine relationship breakdown during that time.

Q: How are the children of de facto couples treated under family law?

A: Under the Family Law Act, all children are treated equally, regardless of whether their parents are married, in a de facto relationship, or in same-sex relationships. The law focuses on the best interests of the child, meaning that child custody, support, and parenting arrangements are handled the same way for all children, irrespective of their parents’ relationship status or gender. Whether the parents are married or in a de facto or same-sex relationship, the children’s legal rights and the resolution of parenting disputes remain the same.

Q: Are spousal maintenance and child maintenance the same thing?

A: No, spousal maintenance and child maintenance are two separate legal obligations:

  • Spousal maintenance refers to the financial support one spouse may be required to provide to the other after a separation or divorce, particularly if one party cannot adequately support themselves. This is based on the needs of one spouse and the ability of the other to pay.
  • Child maintenance (or child support) is specifically for the financial support of children, ensuring that their living expenses, education, and general welfare are covered.

Both are designed to address different needs, with spouse maintenance focusing on the financial well-being of the former partner, and child maintenance prioritising the needs of the children following a relationship breakdown.

Q: I have reached an agreement with my partner. Do I still need to see a Solicitor?

A: Yes. While reaching an agreement with your partner can save you legal fees, it’s important to have the agreement properly documented to make it legally binding and enforceable. Without formalising the agreement, it may not be upheld by the Court. A solicitor can also review the terms to ensure that the agreement is fair and that you are not unknowingly accepting less than what you are entitled to.

Q: What is a Prenuptial Agreement?

A: Prenuptial agreements are a type of binding financial agreement that couples can enter into before marriage. It outlines how their finances will be managed during the marriage and how assets will be divided in the event of separation, divorce, or death. These agreements are legally binding and, when correctly prepared and executed, can be enforced by the Court. Prenuptial agreements provide couples with clarity and protection regarding their financial arrangements.

Q: What is an Accredited Family Law Specialist?

A: An Accredited Family Law Specialist is a solicitor who has demonstrated a high level of expertise and knowledge in family law, having undergone advanced training and assessment through the specialist accreditation program provided by the Queensland Law Society. Achieving this accreditation requires a deep understanding of family law issues, such as divorce, property settlements, and parenting plan disputes. Specialists also stay updated with developments in family law, ensuring they provide top-tier advice and representation. Engaging an accredited specialist assures clients they are working with a highly qualified professional. Most of the lawyers at Michael Lynch Family Lawyers are accredited specialists in Family Law. They are:

Click here for more information on our Queensland Law Society Accredited Family Law Specialists.

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    Client Testimonials

    I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
    L.R., Samford

    Your staff is knowledgeable, professional and very calm.

    A.C., Helensvale

    My solicitor is a good listener. My documentation maintained the high moral ground.

    S.S., Hamilton
    So pleased to have had a good, sound and knowledgeable firm.
    C.W., Brookfield

    Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.

    R.B., Toowong
    Your team is professional, warm, friendly and real.
    N.R., Crows Nest
    I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
    J.H., Windaroo
    The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
    E.F., Nundah

    Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.

    L.K., North Lakes
    My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
    M.J., Manly

    I would like to thank your firm for the support and compassion shown while dealing with my matter.

    C.M., Brisbane
    Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
    T.V., Everton Park
    Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
    K.H., Augustine Heights
    Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
    J.S., Holland Park
    I appreciate my lawyer’s professional approach and her being on top of my situation.
    N.S., Mt Gravatt
    Your team’s communication with me was exceptional, I knew exactly what was happening.
    A.A., Eatons Hill
    My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
    G.C., Southport
    I like your friendly service and the ability to speak to my solicitor directly.
    R.G., Wishart
    Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
    R.P., Cleveland
    May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
    D.H., Hendra
    Your newsletters are great, I appreciate them.
    K.B., Carina
    Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
    R.P., Cleveland

    Michael Lynch Family Lawyers are easy to deal with, and your systems are good.

    D.T., Ferny Grove
    Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
    M.R., West End
    Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
    C.T., Bribie Island

    I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!

    B.S., Brisbane

    I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.

    S.S., Hamilton
    Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
    S.C., Nundah

    My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.

    J.H., Brisbane
    If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
    C.W., Brookfield

    I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.

    J.H., Wellington Point

    Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind, you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.

    B.T., Clayfield

    I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.

    C.M., Morningside

    Thank you very much to everyone at Michael Lynch Family Lawyers. Thank you for helping me get my life back and make a fresh start. To have that fresh start without fear and anxiety is priceless.

    A.A., Perth
    The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
    A.A., Eatons Hill

    You, guys, provide extraordinary service.

    A.O., North Brisbane
    My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
    D.S., Coorparoo
    I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
    C.W., Brookfield

    At Michael Lynch Family Lawyers I got professional and ‘no-nonsense’ advice, costs were within quoted amounts and my matter was resolved quickly – well done!

    L.R., Ascot
    Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
    P.B., Carindale
    Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
    M.T., Stafford
    I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
    B.W., Chapel Hill

    Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.

    A.M., Chambers Flat
    A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
    S.S., Hamilton

    Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.

    S.D., Parkinson
    Lovely to deal with and provides a balanced view in what are very difficult circumstances.
    A.C., Morningside
    Michael is very personable and very good at covering the material and explaining the strategy.
    J.O., Hawthorne

    I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.

    A.O., Kedron
    Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
    S.L., Moranbah
    I really appreciated the happiness of your secretarial staff.
    G.C., Clayfield

    My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.

    R.R., Brighton
    Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
    J.S., Brisbane
    I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
    T.C., Tarragindi
    Many thanks for your assistance – life is now great – I’m moving on.
    J.K., Mansfield
    I liked my solicitor keeping things as simple as possible.
    S.M., Clayfield

    We had such a positive experience with Michael Lynch Family Lawyers, and we highly recommend their services. Meticulous attention to detail, attended quickly to every additional request we made, and made sure we always knew exactly where we were every step of the way. Our lawyer took what was such a stressful and emotional time for our family, and made the process feel so smooth and seamless.

    N.B., Brisbane

    Michael Lynch Family Lawyers know what they are talking about.

    R.M., Warwick

    I was always confident that I was getting the very best advice.

    T.S., Flinders

    After utilising the mediation services team recommended by your organisation, my ex-partner and I were able to reach some interim agreements about parenting. I am incredibly grateful for the advice provided by Debra Effeney; and found your firm’s services to be exceptionally professional. If we needed to consult a family lawyer in the future, we would have no hesitation in reconnecting with your firm.

    K.M., Paddington