Domestic Violence
Frequently Asked Questions
1. What Are The Grounds For Divorce?
12 months separation.
2. Do I Have To Try Counselling?
If the marriage lasted less than two years and you want to file a Divorce Application, you will have to attend compulsory counselling, otherwise, there is no compulsory requirement for counselling.
3. After I Am Divorced Can I Use My Old Surname?
A woman can use the name she had on her Birth Certificate (her maiden name) at any time.
4. Do We Have To Be Divorced First, Before An Order Can Be Made Regarding The Children?
No. A Court can make Orders about the welfare of children even if you are not divorced.
5. What About The Children Of De Facto Couples?
All children are treated the same way by the Family Law Act.
6. What If My Child Is Taken Away?
First, see a solicitor. The process is complex and you must act quickly so it is not the sort of thing you should do by yourself. You may have to apply for a Recovery Order.
7. How Long Do Court Orders Relating To Children Last?
The Order ends when the child turns 18 years, marries, is adopted, or when the Order is cancelled or changed by the Court.
8. What If A Man Denies That He Is The father?
A medical test can be used to establish whether a man is the father. This is called a paternity test. You cannot force a man to undergo this test. It would have to be ordered by the Court. You should ask a solicitor to help you get this Order. If an Order is granted and he still refuses, then the Court can presume that he is the father, based on his refusal.
9. In A Property Settlement Is There A 50/50 rule?
No. There are many factors that are used to work out how property is divided.
10. Can I Include Other Things Besides Property In A Consent Order?
Yes. You can include spouse maintenance and arrangements for your children. You can deal with all of these issues at one time.
11. What Is A Pre-nupital Agreement?
Couples who are about to marry and who wish to detail and regulate their financial relationship both during the marriage and in the event of death, separation or divorce can enter a pre-nuptial agreement. Provided the agreement is completed correctly it is enforceable in Court.
Some Useful Contact Numbers And Websites
Legal Services |
|
Legal Aid Queensland | 1300 651 188 |
Legal Aid Queensland website | www.legalaid.qld.gov.au |
Women’s Legal Service (Brisbane) | (07) 3392 0670 |
Caxton Legal Centre | (07) 3254 1811 |
Family Mediation (Relationships Australia) | 1300 364 277 |
Family Court of Australia | (07) 3248 2300 |
Family Court of Australia website | www.familycourt.gov.au |
Federal Magistrates Court | www.fmc.gov.au |
Counselling |
|
Domestic Violence Line | 1800 811 811 |
Mens Line | 1800 600 636 |
Crisis Care (24 hours) (Child Protection) | 1800 177 135 |
Kids Help Line (24 hours) | 1800 551 800 |
Kids Help Line website | www.kidshelpline.com.au |
Parentline | 1300 301 300 |
Relationships Australia | 1300 364 277 |
Kinections – Counselling Line | (07) 3435 4300 |
Kinections – Parenting Course | (07) 3435 4343 |
Break Even Service (for gambling problems) | 1800 222 050 |
Lifeline National (24 hours) | 13 11 14 |
Queensland Baptist Care | (07) 3550 3737 |
Centacare | (07) 3252 4371 |
Child Support Agency | 131 272 |
Child Support Agency website | www.csa.gov.au |
Centrelink | 136 150 |
Australian Association of Marriage and Family Counsellors Inc | www.aamfc.org.au |
Family Relationship Centres | www.familyrelationships.gov.au |
Family Relationship Advice Line | 1800 050 321 |
Contact Centres |
|
Caboolture Contact Centre | (07) 5432 3720 |
Eight Mile Plains Contact Centre | 1300 364 227 |
Ipswich Contact Centre | 1300 854 733 |
Logan West Contact Centre | 1300 854 733 |
Sunshine Coast Contact Centre | (07) 5479 6971 |
Client Testimonials
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!
I liked my solicitor keeping things as simple as possible.
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.
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
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.
So pleased to have had a good, sound and knowledgeable firm.
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.
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
I was very impressed with the initial interview. Everything was well-explained, and the advice was honest about what I should expect.
Many thanks to Stephanie for her help and support through this time, I was incredibly impressed with her work.
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.
I like your friendly service and the ability to speak to my solicitor directly.
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.
I’m very glad ‘Michael Lynch Family Lawyers’ is my lawyer and not the other side’s solicitor.
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.
Michael is very personable and very good at covering the material and explaining the strategy.
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.
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.
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.
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.
Thank you Debra for all the work you did for me, you both made the process manageable and brought sense to the chaos.
Many thanks for your assistance – life is now great – I’m moving on.
You, guys, provide extraordinary service.
Michael Lynch Family Lawyers are easy to deal with, and your systems are good.
I would like to thank your firm for the support and compassion shown while dealing with my matter.
My lawyer has been an amazing help through this stressful time. I will remember her help for the rest of my life. Thank you.
Your team’s communication with me was exceptional, I knew exactly what was happening.
If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
I was always confident that I was getting the very best advice.
Your team is professional, warm, friendly and real.
My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
I really liked the personable service by Michael Lynch Family Lawyers, the simple plain language you adopt and everyone’s patience.
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.
I appreciate my lawyer’s professional approach and her being on top of my situation.
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.
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!
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.
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.
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.
Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
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.
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.
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.
Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
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.
Your staff is knowledgeable, professional and very calm.
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.
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.
My lawyer was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. Michael Lynch Family Lawyers showed professionalism.
My solicitor is a good listener. My documentation maintained the high moral ground.
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!
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.
Lovely to deal with and provides a balanced view in what are very difficult circumstances.
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.
I really appreciated the happiness of your secretarial staff.
Your newsletters are great, I appreciate them.
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!
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.
Michael Lynch Family Lawyers know what they are talking about.
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