What we offer
Binding Financial Agreements & Pre-nuptial Agreements
If parties agree, they can formalise their family law property matter by a binding financial agreement. A binding financial agreement can be done before marriage or the de facto relationship, commonly known as a “pre-nuptial agreement”, during marriage/de facto relationship, or after divorce.
At Cairns Family Law Group, we can help you:
- negotiate the terms of a pre-nuptial agreement and binding financial agreement,
- draft the binding financial agreement; and
- provide you with the necessary legal advice before signing the agreement.
A pre-nuptial agreement, is like insurance – it is something you should have but you hope you never have to use it.
Contact us to if you would like to find out more about formalising your agreement by way of a binding financial agreement.
Frequently Asked Questions
We address the common concerns you might have as you navigate the realms of family law. Our aim is to provide clear, straightforward answers to help demystify the legal processes involved. Here are some of the most asked questions in family law in QLD, Australia.
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My partner and I agree, can we use the same lawyer?
You cannot use the same lawyer. Both parties must engage their own lawyer. Before signing a binding financial agreement both parties must receive legal advice about the effect of the agreement on the rights of that party and about the advantages and disadvantages, at the time that the advice was provided, to that party of making the agreement.
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What is the difference between consent order and a binding financial agreement?
After separation you can legally formalise for property settlement by either consent orders or a binding financial agreement. Consent orders are lodged with the court and must be approved by the Court as just and equitable; a binding financial agreement is not filed with the Courts but both parties must receive independent legal advice about the required matters before signing the agreement. Contact Cairns Family Law Group to discuss what option is best for you.
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Can a court set aside a binding financial agreement?
Yes, in some circumstances the court can set aside a binding financial agreement. There is no 100% guarantee that the agreement will not set aside at a later date. At Cairns Family Law Group we can provide advice with regards to the process of applying or resisting an application to set aside a binding financial agreement.
Getting started
A step-by-step guide to resolving your family law problem
Getting started on resolving your family law problem can feel overwhelming, but understanding the process can ease the way. Here’s a straightforward guide to what you can expect from your first appointment with us, designed to equip you with the knowledge and confidence to take the next steps.
1. Making first contact
Reaching out is the first step towards resolving your family law matter.
You can book an initial appointment with us on our online booking calendar on our website or over the phone. We offer two initial options to get the conversation started: a complimentary 15-minute chat or a comprehensive one-hour consultation for $450, including GST.
Both provide a safe space for us to understand your unique situation.
2. Preparing for your consultation
While it’s natural to feel anxious about your first meeting with a family lawyer, we aim to make the process as smooth as possible. We offer appointments in person either at our Cairns or Innisfail office, or by Telephone or Microsoft Teams appointments.
If your matter is about a property settlement, be prepared to answer questions about what property you currently own and its estimated value and the property that you and your former partner owned at the start of the relationship.
Please ensure you have childcare in place for your children, as we do not allow children to attend appointments.
3. During the initial consultation
The initial consultation is a one-hour session with a family lawyer on our team. We will listen to your story, ask you relevant questions, provide you with preliminary advice about your separation, divorce, parenting and/or property matter and make a plan forward to assist you to resolve your matter.
4. The next step
Following your first consultation, should you choose to engage our services, we’ll provide you with a cost agreement and disclosure notice detailing our legal fees and terms of engagement.
With our expertise by your side, you’ll have the resources and strategies to make confident decisions and progress towards a resolution.
Want to meet the team? Book a consult and let's chat
Our team
Meet the dedicated professionals who make Cairns Family Law Group your trusted ally in navigating family law. Each member of our team not only brings legal expertise but also a genuine commitment to understanding your unique situation.
Together, we focus on equipping you with the knowledge to make informed decisions that positively shape your future.
For a deeper dive into the expertise and ethos that each team member brings to your case, click below.
