Family Law Resources

Toomey Family Law wants to ease this burden and to ensure that you have ready access to all the information you need when you need it. Here you will find links to case studies, articles, blog posts, policies and services we feel will give you the confidence to make empowered decisions, take action and build secure solutions for your future.

QLD Family Law Pathways Network

An initiative funded by the Australian Government Attorney General’s Department, the Family Law Pathways Networks is a national program for professionals and practitioners working with families who are separating, or have separated. This network provides support for professional, collaborative work and provides families with ready access to available services, as quickly and seamlessly as possible.

Family Relationships Centre Australia

A hub for services assisting all families managing relationship issues; including counselling, family mediation and dispute resolution.

Federal Circuit Court of Australia

This Court is an independent federal court under the Australian Constitution. It provides the people of Australia with access to justice through a simple and accessible alternative to litigation in the Federal Court of Australia (Federal Court) and the Family Court of Australia (Family Court). The FCCA’s travelling judges hear cases throughout its regional network, encouraging people to engage in a range of dispute resolution processes.

Family Court of Australia

The Family Court of Australia, through its specialist judges and staff, assists Australians to resolve their most complex legal family disputes, parenting and financial disputes.

Child Support and Separated Parents

Information about Australian Government payments and services for separated parents providing financial support to children.

Child Support Calculator/Estimator

Child Support Australia is a privately funded independent guide not affiliated with government or legal institutions.

Australian Government Child Support Calculator/Estimator

You can use this Department of Human Services estimator service to calculate an estimate of your child support payments. Please note: this service does not provide estimates for parents that pay or receive child support in more than one child support case, estimate your family assistance, compare old and new estimates or estimate your child support where you are not the parent of the child e.g.: grandparents.

Queensland Department of Communities, Disability Services and Seniors

This government agency focuses on helping communities thrive and delivering quality, targeted support to improve the social wellbeing of people and places.

Queensland Department of Child Safety, Youth and Women

Providing information, support and protection for children, young people and women to ensure safe and productive futures, free of domestic, family and sexual violence.

AFP Family Law Kit

An Australian Federal Police summary of general information on Family Law orders relating to children, including parenting orders, the Family Law Watchlist, recovery of children and associated matters.

Family Law Resources

A list of web-based information and resources provided by the Australian Government’s Institute of Family Studies.

Family Law Resources

Toomey Family Law wants to ease this burden and to ensure that you have ready access to all the information you need when you need it. Here you will find links to case studies, articles, blog posts, policies and services we feel will give you the confidence to make empowered decisions, take action and build secure solutions for your future.

QLD Family Law Pathways Network

An initiative funded by the Australian Government Attorney General’s Department, the Family Law Pathways Networks is a national program for professionals and practitioners working with families who are separating, or have separated. This network provides support for professional, collaborative work and provides families with ready access to available services, as quickly and seamlessly as possible.

Family Relationships Centre Australia

A hub for services assisting all families managing relationship issues; including counselling, family mediation and dispute resolution.

Federal Circuit Court of Australia

This Court is an independent federal court under the Australian Constitution. It provides the people of Australia with access to justice through a simple and accessible alternative to litigation in the Federal Court of Australia (Federal Court) and the Family Court of Australia (Family Court). The FCCA’s travelling judges hear cases throughout its regional network, encouraging people to engage in a range of dispute resolution processes.

Family Court of Australia

The Family Court of Australia, through its specialist judges and staff, assists Australians to resolve their most complex legal family disputes, parenting and financial disputes.

Child Support and Separated Parents

Information about Australian Government payments and services for separated parents providing financial support to children.

Child Support Calculator/Estimator

Child Support Australia is a privately funded independent guide not affiliated with government or legal institutions.

Australian Government Child Support Calculator/Estimator

You can use this Department of Human Services estimator service to calculate an estimate of your child support payments. Please note: this service does not provide estimates for parents that pay or receive child support in more than one child support case, estimate your family assistance, compare old and new estimates or estimate your child support where you are not the parent of the child e.g.: grandparents.

Queensland Department of Communities, Disability Services and Seniors

This government agency focuses on helping communities thrive and delivering quality, targeted support to improve the social wellbeing of people and places.

Queensland Department of Child Safety, Youth and Women

Providing information, support and protection for children, young people and women to ensure safe and productive futures, free of domestic, family and sexual violence.

AFP Family Law Kit

An Australian Federal Police summary of general information on Family Law orders relating to children, including parenting orders, the Family Law Watchlist, recovery of children and associated matters.

Family Law Resources

A list of web-based information and resources provided by the Australian Government’s Institute of Family Studies.

Frequently Asked Questions

When can I divorce?

Provided you are married, then you must be separated more than 12 months before you are eligible to file for divorce.

Can I seek out my property settlement before I divorce?

Yes, you can. In fact, provided you have already separated, you can have an immediate property settlement.

At what age can a child decide which parent they wish to live with?

Assuming there are no extenuating circumstances, children in their early teen years (from 12 upwards) will have their wishes taken into account with respect to with which parent they wish to reside.

I have not worked for a long time because my partner has been the income earner in our relationship. Can I expect any financial help whilst awaiting my property settlement?

Yes, you can. If you have a financial need and your partner has the capacity to pay, then you have a spousal maintenance claim. These payments are tax-free for you and can be paid weekly by your partner, pending your settlement.

Do I have to tell my ex-partner everything about my financial affairs?

Yes, you do. You have an obligation under the Family Law Act to make full and frank financial disclosure regardless of how the assets/debt came into being. There are heavy penalties in the family law jurisdiction if full and frank disclosure is not made.

Why do I need a written agreement to record my property settlement?

The written agreement records your property settlement and brings finality to your financial affairs. Without an agreement, there is no recognised settlement and future claims can be made by your spouse.

My assets are companies and trusts where I am the director and trustee. This means my assets are protected, right?

Wrong. The applicable law is “control”, and if it is clear you are in control of an entity (such as being the Director or Trustee, or it is clear you carry out all the decision making regarding the entity, it is then an asset of the relationship that can be included in the settlement.

Are all debts included in the settlement, regardless whose name they are in?

Yes, save for an extraordinary circumstance on how those debts came about i.e. gambling debts, proven debt incurred without knowledge and consent.

Is my superannuation included in my property settlement?

Yes, it is. Superannuation is classed as property and regardless of whether you started your super policy before the relationship, it is included. Each policy is apportioned after applying a weighting of many factors in the relationship.

Do you have to go to Court to finalise a property settlement?

No, you don’t. There are many ways to finalise a settlement without strict court intervention. Such as, by way of mediation or arbitration, or simple negotiation.

Are family law proceedings just between a husband and wife?

No. The Family Law Act provides at Section 92, an ability for “any person” to intervene in the family court proceedings. Such people might be Creditors, a family member Creditor, Family Trust, Commissioner of Taxation, a Trustee in Bankruptcy, a Legal Personal Representative or a Civil Claimant.

What do I do if my ex-partner seeks to remove an asset that rightly must come to me under a court order?

The court has the power to issue an injunction preventing the frustration of the court process and any attempt to obstruct a party receiving an asset they are rightly entitled to.

If I am bankrupt, does the Family Court have jurisdiction over the bankrupt estate?

Yes. Your Trustee in Bankruptcy can be a party to your property settlement proceedings. They can make an application to set aside a financial agreement entered between the parties or make an application to set aside or vary a Court Order.

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