.Twohill Lawyers

Your Family Lawyers on the Gold Coast and Queensland

​"Lawyers you can trust"

Twohill Lawyers Family Law Solicitors can provide assistance for a range of matters relating to Family Law and De Facto relationships.

The range of legal services include:-

  • Marriage, De Facto and Divorce Law, Prenuptial Agreements ("Prenup's") ;

  • Divorce in Australia including preparing and serving divorce papers;

  • Legal separation issues;

  • Annulment of marriages Spousal Maintenance;

  • Property Settlements;

  • Binding Financial Agreements;

  • Domestic and Family Violence and Apprehended Violence Orders ("AVO's")

  • Family Mediation for Family Law matters; 

  • Legal representation at Family Court Children’s Issues;

  • Child Support and enforcement of payments;

  • Parenting Plans for child custody and visitation; and

  • Parental rights, father’s rights and grandparent’s rights, guardianship of children, adoption and Children’s Court.

Do I have to be divorced to split the property?

As soon as you have separated you can make arrangements to 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, not at all.  If you have already agreed on how things should be divided between you, your lawyer can draw up the document which will finalise the arrangements and then get underway the legal processes which will split the assets.

What if we can’t agree?

There is an established process in cases where there is disagreement over how property should be split.  Firstly, the Court needs to be satisfied that you have attempted to reach agreement and, to this end, you will be ordered to participate in Dispute Resolution.  If this doesn’t resolve the matter then an Application for Property Orders must be filed with the Family Court or Federal Circuit Court.  This Application must be made within 12 months of your divorce becoming final.  The matter will be set down for Hearing and a legally binding decision will be made by the Court.

How does the Court decide?

Firstly, the Court will calculate the total assets owned by both parties including property, shares, cars, jewellery, savings and furniture etc.  This includes things you brought into the relationship, those acquired during the relationship and also those purchased after separation.

Next the Court will weigh up the contributions from both parties including financial, non-financial, inheritances and assets brought into the relationship.  The Court will then look at the future needs of both parties including factors such as your capacity to earn money and your parental responsibilities.  Lastly, the Court will make a decision based on what is just and equitable to both parties.

We can help

Dealing with the complexities of property settlement is stressful but the consequences of not doing it properly can impact on the rest of your life. We are experienced negotiators and will make sure that you get the best possible outcome.

Contact us at Twohill Lawyers to discuss your particular situation with one of our experienced Family Lawyers.

Divorce and Family Law