1. You must wait twelve months following separation before you apply for a divorce.
2. You have twelve months from the date of your divorce to settle your property matters or apply to the court for property orders.
3. The court does not impose time limits for parenting matters – the only requirement is that the children are under 18 years old.
4. You must appeal a decision within 28 days of the final order.
Family Law covers a wide range of relationships, whether a de facto relationship or a marriage. The law is similar in both types of relationship, save for some subtle differences. When entering a de facto relationship or marriage it is advisable to consider obtaining legal advice as to the potential effects of that relationship on your financial circumstances. If you have property or assets that you wish to safeguard, then you should consider entering into a financial agreement.
If you are considering separation or have separated, then we consider it imperative to obtain early and effective legal advice as to your rights and entitlements. We can advise you as to what is a fair settlement and help develop a strategy to ensure that you obtain your entitlement, with the minimum of stress and delay.
Your Trusted Family Lawyers
If you’re looking for not only the best but genuine advice, look no further. The team gave me advice in a way that I could understand and helped me through a very tough time.
Very professional and easy to work with. A true leader in his field of family law. Happy to go above and beyond for his clients.
Amazing Lawyers that really care, Brooke and Anton went above and beyond for me to get the fairest outcome and where so caring for myself and my family through this hard time, can not recommend them enough.
The Team at Richardson Murray have been exceptional to deal with over the course of the matter we had in front of us. Despite continued frustrations through an arduous journey, their focus and sound advice did not waiver and communication with Anton & Brooke was always strong. Thank you for a great outcome to a long journey.
Brooke went over and above to make the difficult process of property and parenting orders as smooth as possible. Both parties were treated with total respect, courtesy and professionalism. I highly recommend Richardson Murray Family Law.
My experience at Richardson Murray was nothing short of incredible! From the moment I walked in I felt so supported and comfortable. Stephanie Murray provided me all the information I needed, ensured I understood and really cared about me as a person. I felt such trust throughout the whole process and highly recommend Richardson Murray!
A massive thank you to Stephanie, Sarah yourself and all your staff there at Richardson Murray for all your hard work time and effort. I’m ever so glad to see the close of this chapter made easy to do so by your team. It was stressful at times but got there in the end, again thank you.
Thanks a million Brooke and Anton. You guys have truly been amazing. Couldn’t have asked for a better team. So indebted to you for all your outstanding hard work no matter what the outcome is.
Thank you very much, I really appreciate all that you and your firm have done for me, you’ve done so much in a short amount of time of engaging you, I only wish Adrienne had joined BNI earlier, so I didn’t have to deal with the other firm. I appreciate the care and consideration from all of the women in this email and also helping me to manage my anxiety through this process, which has been right up there in in terms of the hardest things I’ve had to get through.
I would like to sincerely thank you (Brooke Mallard and Stephanie Murray) and your firm for your professionalism and speedy resolution to my matter.
I wanted to thank you Stephanie for all your work and support and for helping me bring to a close what has been a very difficult year. I cannot express enough my heartfelt gratitude for having you on my team.
Anton’s knowledge, skilled advice and empathetic nature also helped me feel supported through the entire process. He wanted only the best for me personally as well as legally, which afforded me renewed strength and belief – the chance to breathe again. He saw and treated me as a father who needed help, not a client, and his efforts on my behalf have helped me to regain my life, released of an enormous weight I never thought would lift. I simply can’t thank Anton enough and I’ll be forever grateful for his services.
Quick to respond, always helpful and goes over and above for service. As the CEO of a large healthcare business we need quick and swift legal support. We dealt with Steph Murray and no matter the time of the day we got feedback on specific legal matters. The situation was handled quickly and all parties involved left happy with the outcome. Highly recommend Richardson Murray!
Having had Anton Represent me the first time there was no question whom I would call.I needed support immediately, literally hours to respond and obtain representation. The team at Richardson Murray immediately responded and collaborated as a team. Stephanie Murray took control of my situation with a skillset that put me in the strongest position possible in such difficult circumstances. There is no question, Anton, Stephanie and the entire team are a step above. I am extremely grateful and recommend Richardson Murray to anyone that finds themselves seeking advice, support and guidance in Family Law.
Exceptional in every respect and incredibly responsive in delivering the Partner-level strategy and executing it with excellence on-going, in my time of need.
Have known Anton professionally for more than 15 years. Anton is the best in the business, treats his clients with respect and goes the extra mile. Cannot recommend Anton highly enough.
We have referred multiple clients over to Richardson Murray who have all had an amazing experience with Anton and Stephanie. They are both professional and have great communication. I highly recommend them if you are looking for a family lawyer.
I sat down with Anton and talked through my issues which were many and traumatic. He was thoughtful, compassionate, learned and swift, and he turned my life around almost overnight – something I never thought possible. He asked me to trust him and I did. He spoke of real life situations he had come across in his extensive years as a family lawyer which gave me hope and put me at ease. His swift action resolved my issues quickly and effectively, which was a great relief and of meaningful financial benefit.
I can not recommend Adrienne Peers more highly. I recently referred my partner to Richardson Murray Family Law, and Adrienne Peers was quick to respond, always helpful, catered to all of our needs and goes above and beyond in service! Absolutely incredible.
Highly recommend Anton Richardson at Richardson Murray to anyone with a family law matter. Anton makes time to listen & take on board the matter-at-hand with his clients, dealing with any issues or queries in a highly professional and timely manner. He is the best in the business and has a brilliant team working for him. Big thank you to Anton and the team!
Anton was my legal advisor for a difficult and prolonged case. During this stressful time he always gave sound professional advice, carried out my instructions in a timely manner and was honest, upfront, respectful and compassionate. Anton possesses a comprehensive knowledge of Family Law and extensive expertise in its implementation. I was extremely happy with my outcome. I highly recommend Anton, Stephanie and his team for any family law matters.
Anton is uniquely skilled at managing complex disputes and individual personalities. He truly cares about his clients. You could not be in safer hands. I transferred to Anton when I was at absolute rock bottom, more than 6 years and more than 10 hearings into my legal nightmare, with no end in sight. He asked me to trust him, which I initially found hard but as things progressed, it quickly became easier. In the end, he settled my case out of court. I ended up with everything that was important to me and my life back. The other side was almost equally satisfied. I never dared to dream that was possible. My only regret is that Anton was not my first lawyer. Just think of all the money I would have saved and more importantly, all those years of my life back.
I had a great experience with Stephanie and Rosie during a really tough time in my life. They were very caring, patient and wonderful to deal with. My matter was handled very professionally and efficiently. I would highly recommend them to anyone going through a separation.
I referred a friend of mine to Richardson Murray during a very difficult time in her life. Right from the very first phone call Stephanie and Brooke were so helpful and amazing. Words cant express how grateful we all are for their care, expertise and their fight for a positive outcome for my friend. I highly recommend Stephanie, Brooke and the rest of the team at Richardson Murray. They well and truly go above an beyond for their clients.
All of the staff at Richardson Murray are incredibly friendly. The calming and reflective space has been well thought out to set the tone for potentially anxious clients which in my opinion is nothing short of genius. I would firmly recommend Richardson Murray to anyone in need of a top quality family law firm! Thank you so very much.
I engaged the services of Anton Richardson of Richardson Murray earlier this year in regard to my settlement case. After knowing Anton professionally for over ten years, I was aware that he was regarded as one of the best family lawyers in South East Queensland. Throughout this journey I have been working with Anton assisted by Adrienne Peers. They are professional and extremely knowledgeable, whilst showing a great deal of understanding and compassion.
The Law is your (Carlu) passion. And even though there are many unreasonable, clients and people with whom you will meet along the way your passion will shine through. You have a gift Carlu and I was very lucky and happy to have you as My Counsel. It has been my privilege to be your client and thank you for everything you have accomplished for me.
You really care for your clients and how they cope and manage the stress of the process. Family Law is highly emotional and mentally exhausting for all parties and you provided not only the law but brought caring, empathy and compassion to the process.
Your (Carlu) ability to explain the law, procedures and options in a simple clear and uncomplicated way gave me confidence and confirmed I had made the right choice 3 years ago. I admired the fact you didn’t play lawyer games and your goal was to obtain a fair settlement, keeping costs to a minimum. You were always honest and upfront with me which I always appreciated.
Dear Carlu, in the field of Family Law I think you are exceptional. Thank you for your amazing help with my case over the past 3 years. Your name was on a short list of recommended lawyers and from our very first conversation. I was impressed with your friendly, positive and enthusiastic approach.After 3 years, my admiration for you has only grown, I'm TOTALLY impressed.
"Anton made a very difficult, stressful and emotional time more manageable because I always felt reassured that he was acting efficiently and expeditiously in my best interests and that of my family."
“Thanks Brooke, really appreciate all the work you guys have done for me. It was all very easy and you made the process really manageable."
“Nothing at all, a very small thank you for all of your hard work (Brooke Mallard), attention to detail and patience with me. I’m so thrilled. I never expected it to work out so well."
"I cannot recommend Anton Richardson highly enough. At the time a large Brisbane Family Law firm were representing me however 3 years into the matter I had spent a significant sum of money on fees, was no closer to a resolution and had lost faith in their ability to act in my or my children’s best interests."
"He was on top of the matter from day 1. He did not accept tardiness or lose track of where the matter was at. At all times he was working towards resolving the matter. Anton’s other point of difference is his ABILITY TO UNDERSTAND PEOPLE, interpret their motivating factors and then use that to the client’s advantage to achieve the client’s aims."
"Before I met Anton, I had been to three different lawyers about my property dispute and not one of them talked and treated me like Anton did with minimal stress and he also told me exactly the plan and what to expect. My costs were far less than what my ex incurred with her lawyer."
"I would like to thank Anton for his assistance during a recent family law matter. Anton & his team gave me a clear indication of how the case would work & the outcome I could expect. The end result was far better than I had budgeted for & the advice given to me, saved me from a potentially messy court case."
"The other side were very aggressive and filed an application in court seeking a very high percentage. From the outset Anton quickly put them in their place and ultimately, they settled for a fraction of what they were asking the court to order. I am of the view that Anton was very professional, firm but polite in his dealings with the other side and had a terrific rapport with the court due to his sensible approach. He achieved an exceptional outcome for me."
Your Questions Answered
Talk To UsAre there time limits on any family law proceedings?
What is family violence?
Family violence is a serious social issue that affects everyone in a family – children, parents and other members of the extended family.
The Family Court of Australia and the Federal Circuit Court of Australia (the Courts) take family violence very seriously.
The Courts are guided by the following principles in responding to family violence concerns:
- Safety is a right and a priority for all who attend and work at the Courts.
- Family violence affects everyone in a family, including children.
- Family violence can occur before, during and after separation and it may affect the ability of people to make choices about their family law matter and to take part in court events.
- The Courts have a particular concern about the immediate and possible longer term adverse impacts on children who experience or witness family violence.
- Even if children do not directly witness the violence, they are often very aware of it.
The family violence section of this website outlines what constitutes family violence, the Family Law Act 1975 as it relates to family violence, the effect of family violence on children, notifying the Courts about family violence, and a range of other information you may need if you or someone you know is experiencing family violence.
De-facto relationship break-up entitlements in Australia
A de-facto relationship is defined in section 4AA of the Family Law Act, and includes partners who:
… have a relationship as a couple, living together on a genuine domestic basis.
De-facto couples are those who are not married. So, what happens if they separate? Is the division of property viewed the same as married couples?
In order for the court to hear your application, the court will consider the following matters:
1. The relationship was for at least two years;
2. There is a child of the relationship;
3. The relationship is or was registered by law; or
4. Significant contributions were made by one party, and failure to issue an order would result in serious injustice.
You must also satisfy the court that:
1. You were in a genuine de facto relationship, which has broken down. This is evidenced by things like proof of the same address and sharing of living expenses;
2. You have a geographical connection to the jurisdiction (for example, you live in Queensland); and
3. Your relationship broke down after 1 March 2009.
If you think you satisfy these criteria, your application to the court is using the same forms that are used for married couples. As for what the court will decide, this depends entirely on your circumstances and there is no one answer, nor is there a 50/50 presumption. Typically, the decision is made following a four-step process:
1. Identify and value all assets and liabilities of both parties, to have a net ‘property pool’ dollar value;
2. Assess the financial and non-financial contributions of both parties, for example parenting, wage-earning and homemaking;
3. Consider the future needs of each party, for example the income earning capacity or who has the primary care of the children; and
4. Decide whether the proposed percentage division is just and equitable.
The dollar value will then tell you what you need to do – for example, if one party is awarded 60% of the pool, and the family home is worth 60% of the pool, it is reasonable for them to keep the family home. If the family home is valued at 80% of the pool, the family home may need to be sold.
De facto partner maintenance may also be payable in some circumstances. Typically, it can be ordered where one party cannot meet their own expenses, and the other party has capacity to. For example, where one party’s income exceeds their weekly expenses, and the others falls short, spousal maintenance may be payable. For more information, please contact our office to discuss.
It is important to note that there are time limits on these applications. For de facto couples, you must apply within two years of the relationship breakdown.
Children & separation
Separation is usually stressful for your children, and they, like you, may experience a range of emotions. Children need care and support from both parents – for example, reassure them that you still love them, allow them to love both of you (don’t make them choose) and make sure your children don’t hear or see you fighting with your partner.
It is important to remember parents must first make a ‘genuine effort’ to resolve child-related disputes before attending court. This is known as family dispute resolution (‘FDR’), which parties attend with a FDR practitioner, who will issue a ‘FDR certificate’, which may certify that:
1. Parties made a genuine effort to resolve, but they were unable to;
2.Parties did not make a genuine effort to resolve; or
3.One party failed to attend FDR.
An FDR practitioner may also decide to dispense with FDR, if satisfied one party is unable to negotiate freely, due to, for example, their psychological health, or a risk of violence.
Once the certificate is issued, parties must file it in their court application when they commence legal proceedings. There are another three things to file alongside this, in support of your application:
1. An Initiating Application, which is a form stating the orders that you seek;
2. A Notice of Child Abuse, Family Violence or Risk, so the court can decide whether urgent intervention is necessary; and
3. Your Affidavit, which is a written account of your evidence and experiences.
What is separation & what to consider?
Separation is when you stop living together as a couple, even if you are still living in the same house. You do not need to get permission or your partner’s agreement. You have ‘split up’. Separation is a major step for everyone, and a time when you need help and information. Most people admit feeling the worst they have ever felt in their life. Grief, where you feel the loss of an important part of your life, may be the reason for this.
You may experience the following:
- Shock and denial;
- Anger and blaming your former partner or another person;
- Sadness and depression; and
- Moving forward, acceptance and adjustment to your new life.
Talking to friends and family can help you sort out your feelings. Trained help, like counsellors and support hotlines, may assist you and your children cope better with the changes.
Some of the things you need to consider are:
- Where will your children live, and who will take care of them?
- How will you and your former partner support yourselves, and the children?
- What, how and when will you tell the children, family and friends?
- Who will pay outstanding bills or debts?
- Who will stay in the family home?
- How will the rent or mortgage now be paid?
- What will happen to any joint bank accounts, or other joint finances?
- What will happen to property like cars and furniture?
- Are you going to change your will?