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Family Lawyers Brisbane Northside & Chermside

Looking for Family Lawyers Brisbane Northside (Chermside) ?

Barton Family Lawyers Brisbane Northside now has offices in Petrie, Chermside, Aspley and Toowong.

Courtney Barton, Solicitor and Practice Director, Family Lawyer, Mediator and owner of Barton Family Lawyers says:

“We have received a lot of enquiries regarding potential clients closer to the Brisbane CBD and to cater for our clients’ ongoing needs, we have decided we need to offer a service to clients seeking our help who live close to the city, by opening a family law office at Chermside.

We are really excited about the expansion and being able to assist even more people in need who are going through difficult separations, to achieve an outcome that is in their best interests and in the best interests of their families.

We are excited to announce that the doors to our Chermside office are now open. We can now help even more people in need of a lawyer who really cares, and who can offer a quick, cost-effective resolution to their family law issues, with fixed fees for certainty, so our clients remain in control of their costs.”

Family Lawyer Chermside

Barton Family Lawyers is a family-owned business specialising in the provision of high-quality family law services from our Petrie and Chermside offices.

Courtney Barton is the Practice Director of Barton Family Lawyers and is an expert in family law. She has been practicing family law exclusively for over ten years. Courtney is assisted by a dedicated team who are ready to assist with your family law problems.

Our Family Lawyers Chermside are experts in Family Law and are dedicated to providing an exceptional quality of service to all of our clients. Our northside family law office is located diagonally across the road from the westfield shopping centre.

If you have a family law problem that needs solving, contact us today to make a booking with one of our family lawyers Brisbane northside for a reduced rate initial consultation to have a confidential discussion with Courtney about your rights and Courtney will develop a strategic plan to achieve the best possible outcome for you and your family.

Exceptional Quality of Service

Our Northside Family Law team provide an exceptional quality of service to all of our clients. Whether you are looking to finalise property settlement matters, child custody disputes, spousal maintenance, file an application for a Protection Order or simply want to file for a Divorce, our family lawyers brisbane nothside are ready to assist.

Family & Divorce Lawyers Brisbane Northside

How can our Chermside Family Lawyers help you?

Child Custody

Divorce

Domestic Violence

Property Settlement

Spouse Support

Adoption

Child Support

Parental child abduction

Superannuation splitting

Relocation of Children

Court Process

Mediation

Consent Order

Binding Financial Agreement

What services do we provide to Brisbane Northside?

Our Family Lawyers Brisbane Northside can offer advice in relation to all issues relating to separation and divorce, including as follows: 

Marriage, De Facto and Divorce (Property Settlement):

Children’s Matters:

Domestic & Family Violence:

Mediator Services

Do we Guarantee Fixed Fees for our Family Lawyers Brisbane Northside services?

We guarantee fixed fees for all our family law services. Our Fixed Fee model is unique and unlike any value pricing offered by other law firms. The essence of our Fixed Fee offering means we charge for the task we perform not the time we take to do it. Many law firms claim to be ‘fixed fee’ but really, only offer fixed fees for agreements including consent orders and binding financial agreements. To find out more about our unique Fixed Fee offering, click the link.

Is Divorce necessary?

No it is not. You do not have to get divorced if you do not want to. However, getting a divorce has many benefits to it. It enables you to move on with your life and to marry another person in the future. It also starts the time limit ticking for a property settlement to be done. To find out more about Divorce, click the link.

What areas in North Brisbane are do our northside family law team service?

Our Family Lawyers service all of Brisbane Northside, with offices at Petrie and Chermside.

Why choose Barton Family Lawyers to represent me?

Our dedicated team of Brisbane Northside Family Lawyers understand that removing yourself from a toxic relationship is hard. At Barton Family Lawyers, we focus on getting you your life back, so you can be happy again. We love what we do because we get to make a positive difference in your life.

How long does it take for our family lawyers Brisbane northside to respond to your phone calls and emails?

We often have clients come to us for secondary advice because of problems communicating with their lawyer. At Barton Family Lawyers, we do things differently to most other law firms. Other law firms can take 5 to 7 days to get back to a client following a phone call or email. at Barton Family Lawyers, we respond to our clients within a 24 hour timeframe. Similarly, it doesn’t take us 7 to 14 days to respond to a letter from the other party’s lawyer. If we have prompt instructions from you, we normally respond to the other party’s lawyer within a few days. Value pricing is a win win for both lawyer and client because the quicker we respond the quicker your matter settles and the quicker your matter settles, the happier you are and the quicker we get paid.

How many years experience do you have?

Courtney Barton has specialised in the provision of family law services for over ten years. Courtney is in the process of obtaining her Specialist Accreditation at present.

Who will be working on my case?

At Barton Family Lawyers, our family law Brisbane northside offices work as a team. This means that when you engage one Family Lawyer, you engage all of us for the one fixed fee price. As a united team, we each fight to deliver an outcome to you quickly and at the least possible financial and emotional cost.

Parenting issues

If you want more information on issues relating to parenting disputes, check out our Common Questions page as well as the following family law articles:

  1. Fact Sheet – Children – A guide for separated parents
  2. How to spend more time with your children
  3. What is substantial and significant time 
  4. Parental Alienation in Family Court Disputes – Part 1
  5. Parental Alienation in Family Court Disputes – Part 2 
  6. Top 10 things people do wrong in child custody matters
  7. What age can a child decide where they live?
  8. Admissibility of recordings in family law cases 
  9. Am I a parent?
  10. I’m Not a parent. Can I apply for a parenting order? 
  11. I want sole custody
  12. Can I go to court without doing mediation first?
  13. Can parenting orders be changed? 
  14. Relocation of Children
  15. Prevention is better than cure – interim relocation cases?
  16. Unilateral relocation of children
  17. International travel with children after separation
  18. My ex is breaching a parenting order. What do I do? 
  19. When is supervised time ordered?
  20. Is a child’s changed views enough to change a parenting order? 
  21. Interim parenting orders – why can’t the judge make the orders I want? 
  22. When can you change your child’s surname?
  23. What is substantial and significant time?
  24. Domestic violence order applications – boosting prospects of success

You may also like to check out our family law information videos for helpful tips, advice and information following separation on parenting related issues:

  1. Why can’t the judge make the orders I want at the first court date?
  2. What is the purpose of the Family Report?
  3. When can a child decide where they live?
  4. When can a parenting order be changed?
  5. Facebook and family court 
  6. How to formalise a property settlement or parenting order
  7. Frequently asked questions – the initial consultation 
  8. Client stories with Courtney

You may also find the following family court information pages and fact sheets helpful:

  1. If you agree on parenting arrangements; 
  2. If you do not agree on parenting arrangements; 
  3. Compulsory Family dispute resolution – court procedures & requirements; 
  4. Marriages, Families & separation; 
  5. Parenting orders – obligations, consequences and who can help; 
  6. Complying with orders about children; 
  7. How do I apply for parenting orders? 

Property Settlement / Asset division issues

If you want more information on issues relating to property settlement disputes, check out our Common Questions page as well as the following family law articles:

  1. What to do and what not to do when you separate
  2. Why you should formalise your property settlement; 
  3. Is Domestic violence relevant in a property settlement?
  4. 6 secrets revealed to protect your assets 
  5. 10 tips to protect your assets
  6. 6 things you must know before hiring a family lawyer
  7. Your Duty of Disclosure 
  8. Spousal Maintenance – supporting your ex partner after separation 
  9. Initial contribution of assets in a long relationship 
  10. What is the just and equitable requirement?
  11. Chancellor & Mccoy – no property order just & equitable after 27 year relationship
  12. Am I in a de facto relationship?
  13. Property acquired after separation – how is it treated? 
  14. Future inheritances – when are they taken into account?
  15. Failure to disclose an asset can derail consent orders 
  16. Consequences of Defaulting on property orders 
  17. Varying property orders 
  18. Who stays in the home after separation?
  19. Can the court order someone to leave the house – ouster orders 
  20. Money lent from parents – gift or loan?
  21. The impact of centrelink fraud on a property settlement 
  22. CGT rollover relief for transfers of property pursuant to family court orders 
  23. Costs orders 
  24. Divorce – what you need to know
  25. Going back to work after divorce 

You may also like to check out our family law information videos for helpful tips, advice and information following separation in relation to property settlement related issues:

  1. What is my separation date?
  2. How do I leave a relationship with no financial means?
  3. How a court determines your property settlement entitlements
  4. Time limits on property settlements 
  5. 6 things you must know before hiring a family lawyer
  6. What to do and what not to do when you separate
  7. How to formalise a property settlement or parenting agreement 

You may also find the following family court information pages & fact sheets helpful:

  1. Property and finances after separation; 
  2. Reaching an Agreement without going to court; 
  3. If you agree about property & finance; 
  4. If you don’t agree about property & finance; 
  5. Complying with Financial Orders.

 

Frequently Asked Questions (FAQ’s)

Do I have to be divorced to do a property settlement?

As soon as you have separated you can make arrangements to do a property settlement and split your property and debts between you and your ex partner, you do not have to wait until you are divorced.

Do we have to go to Court?

No. If you have already agreed on a property settlement, that is, how things should be divided between you, we can draw up the agreement in a document called a consent order which will legally formalise the agreement regarding division of your property and debts, and guide you as to the legal processes necessary to implement the agreement.

What if we can’t agree?

There is an established process in cases where there is disagreement over how property should be split.

If an agreement cannot be reached, an application to the court can be made seeking an alteration of the property interests of the parties.

This application must be made within 12 months of your divorce becoming final.

How does the court decide?

If the court has jurisdiction to make an order altering the property interests of the parties, it does so after considering the following 5 step process:

  1. Is it just and equitable to make an order given the parties’ circumstances?
  2. What is the nature and value of the property interests of the parties, including superannuation?
  3. What have been, and continue to be the financial, non-financial and homemaker contributions to the maintenance and upkeep of that property?
  4. What are the parties’ future needs, as defined by factors set out in section 75(2) of the Family Law Act?
  5. How can an order be made which is just and equitable?

Want to know what to expect in a clean slate reduced rate consultation?

Click the link to book in your clean slate reduced rate consultation  to discuss your divorce property settlement Brisbane with one of our northside family lawyers.

How is the property divided between the parties involved?

There is no set way on how property is to be divided between separating parties. The parties can enter into negotiations through their respective lawyers to try and negotiate the division of assets between them or they may attend a mediation with an independent mediator who will assist them to try and reach an agreement on the division of their assets.

If the parties cannot come to an agreement, an application to the Federal Circuit Court may be necessary.

If the matter is determined by a court, there is a 5 step process that the court undertakes in order to determine how the property of the parties is to be divided, as set out above.

What is the difference between a property settlement and a divorce?

A property settlement is the division of assets between parties in order to end their financial relationship.

A divorce is the formal ending of a marriage.

Is there a time limit for applications to the court seeking property settlement orders?

If the parties were married, application for property adjustment orders must be made within 12 months of your divorce becoming final.

If the parties were in a de facto relationship, applications for property adjustment orders must be made within 2 years from the final date of separation.

Can I still apply for a property settlement even if everything is in my former partner’s name?

Many things come into consideration when deciding who gets what property. If everything is in your former spouse/partner’s name, you can still request a property settlement, to alter the interests of the property more in your favour. In these circumstances, it is best to seek legal advice from an experience family lawyer as soon as possible to avoid your former partner selling off assets without your knowledge or consent.

Are domestic tasks considered a contribution towards property?

Yes. domestic tasks are considered relevant when valuing the contributions of parties directly and indirectly towards the acquisition, maintenance and conservation of the property pool.

What if my former partner wants to sell the property but I don’t?

If the property is in joint names, both parties consent is needed in order to sell the property. If the property is in your former partner’s sole name, we recommend seeking urgent legal advice from an experienced family lawyer to find out what options are available to protect your interest in that property, until a formal property settlement takes place.

What happens if my partner moves out of the property and stops paying their share of the mortgage?

The party living in the property should in most circumstances be responsible for paying the mortgage and expenses for the home.

In circumstances where one party does not work and does not earn an income to financially support themselves, a court may order that the party not living in the property pays the mortgage by way of spousal maintenance if they have the income available to do so.

It is important to note that the bank does not care who pays the mortgage as long as it is paid. Therefore, if the mortgage is not being paid, the bank will chase both parties who are on the mortgage for payment.

A failure by both parties to pay the mortgage may affect your credit rating.

This is why it is very important to come to an agreement following separation about which party pays the mortgage and the outlays for the home.

If you are living in the home and you are unable to pay the mortgage, we suggest contacting your bank,  advising them that you have recently separated and requesting to enter into a hardship/interest only payment scheme for a few months, while your property settlement is being sorted out.

If my spouse acquires property following our separation, am I entitled to any of it?

Any property that is acquired post separation is included in the pool and included as part of the property settlement.

However, arguments may arise as to whether there should be an adjustment to the party who paid for that asset, if the asset was purchased from income acquired post separation.

In some circumstances, the court will quarantine certain assets acquired post separation and consider them in a separation ‘pool’ to the other pre-separation assets, where it is appropriate, just and equitable to do so.

What happens in the initial consultation for domestic violence? How does a domestic violence order protect me?

Our family lawyers brisbane northside can discuss your right to file a protection order against the other party, to protect your safety and the safety of your children.

Click the link to find the answer the most frequently asked questions our solicitors chermside hear in relation to domestic violence order applications.

Click one of the following links on to find out more information about the court process, domestic violence, our divorce lawyers brisbane, superannuation splitting, child support, spousal maintenance, relocation of a child, property settlement and your obligations in relation to financial disclosure in a property settlement matter.

If you would like to book in for a consultation with someone from our northside family law team, click the link to book in your clean slate reduced rate consultation  to discuss your divorce property settlement Brisbane with one of our northside family lawyers.