What we offer
Court Proceedings
If you and your former partner are unable to reach an agreement about your property settlement or the children’s living arrangements, then it may be necessary for you to commence court proceedings.
Nobody wants to be in the Family Court and court proceedings are usually the last resort for most separated families. Before you can apply to the Family Court for parenting orders or property orders, you must first make a genuine effort at reach a resolution through negotiations and a mediation.
If you cannot reach agreement and you need property or parenting orders in place, the Family Court can assist you to reach an agreement with your former partner or the Court can make a decision about your parenting and property matter for you.
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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How do I commence court proceedings in the Family Court?
To commence court proceedings you need to file an Initiating Application with the Family Court setting out the final and interim orders that you are seeking the Court make in your family law matter. You must also file supporting documents which may include an Affidavit, Financial Statement, Notice of Risk, Genuine Steps Certificate and a Property or Parenting Questionnaire. These family court forms are available on the Federal Circuit and Family Court of Australia website. Once you file the documents with the Family Court you must then serve your former partner with the filed Initiating Application, Affidavit and supporting documents. Upon filing, the Family Court will advise you of your first court date.
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Do I need a lawyer to apply to the Family Court?
The Family Court process can be complex to navigate. It is important that you have a family lawyer on your side who is assisting you with the process.
A family lawyer will provide strategic advice and representation throughout the court process.
If you are unable to engage a family lawyer to represent you in during the court proceedings, you may consider engaging a family lawyer to shadow you in the family law proceedings. This means that you will be self-represented in court but engage your family lawyer to provide you with advice from time to time.
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.
