The Family Law team at McCarthy Durie Lawyers has extensive experience assisting clients with all aspects of family law, including divorce, parenting arrangements, property settlements, domestic violence matters, mediation, and more.
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What We Do
Resolving parenting disputes in a respectful, efficient, and cost-effective way that puts your children's best interests first.
Dividing assets fairly after separation. We guide you through the legal process to protect your financial interests.
Clear guidance through the divorce process, including timing requirements, documentation, and filing.
Resolving parenting or property matters without going to court, saving time, cost, and emotional strain.
Dealing with this right now?
We can talk through your situation and explain your options. No obligation, no jargon.
Our Process
Tell us what is happening. We will listen without judgement and explain your options clearly.
We review your circumstances, assess your entitlements, and give you honest advice about likely outcomes.
We always try to resolve matters through negotiation or mediation first, saving you time and cost.
Once terms are agreed, we formalise the arrangement through Consent Orders or a Binding Financial Agreement.
If negotiation is not possible, we represent you in the Family Court with experienced, practical advocacy.
In Detail
Our experienced family lawyers can assist you in resolving parenting arrangements following separation. We help clients resolve parenting disputes in a respectful, efficient, and cost-effective manner.
The law relating to financial and property settlements is complex. Do not take the risk of handling it on your own.
It is essential to obtain legal advice before entering into a surrogacy arrangement. Surrogacy law in Queensland is complex and governed by the Surrogacy Act 2010 (Qld).
Mediation is an effective way to resolve parenting or property settlement matters without going to court. By resolving disputes at mediation, parties can formalise the agreement through Consent Orders.
Under the Family Law Act 1975, parties are generally required to attend mediation before applying to the Court for parenting or property orders.
Under the Family Law Act 1975, same-sex couples are treated in the same way as heterosexual couples. The same laws apply to property settlements, parenting arrangements, and other family law matters.
Our family lawyers provide compassionate, respectful, and confidential advice tailored to your circumstances.
In Australia, divorce is a straightforward legal process, but it must be done correctly. To apply for a divorce, you must demonstrate that:
We can handle the entire process for you, including filing the application and attending the hearing if required.
Binding Financial Agreements (BFAs), sometimes called "prenups", can be entered into before, during, or after a relationship. They set out how assets will be divided if the relationship ends.
Both parties must receive independent legal advice for a BFA to be enforceable.
Child support arrangements can be complex, especially when income levels change or there are disputes about the assessment. We can help you with:
Our experienced family lawyers can assist you in resolving parenting arrangements following separation. We help clients resolve parenting disputes in a respectful, efficient, and cost-effective manner.
It is essential to obtain legal advice before entering into a surrogacy arrangement. Surrogacy law in Queensland is complex and governed by the Surrogacy Act 2010 (Qld).
Under the Family Law Act 1975, same-sex couples are treated in the same way as heterosexual couples. The same laws apply to property settlements, parenting arrangements, and other family law matters.
Our family lawyers provide compassionate, respectful, and confidential advice tailored to your circumstances.
Binding Financial Agreements (BFAs), sometimes called "prenups", can be entered into before, during, or after a relationship. They set out how assets will be divided if the relationship ends.
Both parties must receive independent legal advice for a BFA to be enforceable.
The law relating to financial and property settlements is complex. Do not take the risk of handling it on your own.
Mediation is an effective way to resolve parenting or property settlement matters without going to court. By resolving disputes at mediation, parties can formalise the agreement through Consent Orders.
Under the Family Law Act 1975, parties are generally required to attend mediation before applying to the Court for parenting or property orders.
In Australia, divorce is a straightforward legal process, but it must be done correctly. To apply for a divorce, you must demonstrate that:
We can handle the entire process for you, including filing the application and attending the hearing if required.
Child support arrangements can be complex, especially when income levels change or there are disputes about the assessment. We can help you with:
Our Team
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You must be separated for at least 12 months and one day before you can apply for divorce. The marriage must have broken down irretrievably with no reasonable prospect of reconciliation, and proper arrangements must be in place for any children under 18. Separation under the same roof is possible but needs to be properly documented.
No. Most family law property settlements in Australia are resolved without contested court proceedings, through negotiation, mediation or a Family Dispute Resolution conference. Once agreement is reached, it can be made legally binding through Consent Orders or a Binding Financial Agreement. Court is generally a last resort if agreement cannot be reached.
There is no automatic 50/50 split. The Family Law Act sets out a process that considers the asset pool, each party's financial and non-financial contributions, and future needs such as care of children, age, health and earning capacity. The outcome is what is just and equitable in the circumstances of your relationship.
A Parenting Plan is a written agreement between parents that is not legally enforceable but is taken into account by the court. Consent Orders are approved by the Family Court and are legally binding, which means they can be enforced if one party does not comply. Many families use a Parenting Plan first, then formalise it through Consent Orders.
In most parenting matters, you must make a genuine effort to resolve the dispute at Family Dispute Resolution (FDR) before applying to the court, and obtain a section 60I certificate. Limited exceptions apply, including family violence and urgency. Mediation is also strongly encouraged in property matters and often resolves the dispute without court.
A Binding Financial Agreement (BFA) is a private contract between partners that sets out how property will be divided if the relationship ends. They can be made before, during or after a relationship. To be enforceable, each party must receive independent legal advice. BFAs are often used to protect pre-existing assets or to formalise a separation without court involvement.
Online Enquiry
Have a question about family law? Fill out the form below and one of our experienced lawyers will get back to you, typically within one business day.
You do not need to have all the answers. Get in touch and we will help you understand where you stand and what to do next.
