Family Lawyers in Brisbane Northside: clear, calm guidance to move you forward
Supporting you through planning ahead, separation, divorce, or parenting with clarity and care. We handle the legal side so you can focus on moving forward.
Supporting you through future planning, separation or divorce with clarity and care. We handle the legal side so you can focus on moving forward.
Separation is one of the hardest things you will ever navigate. You are making decisions about your children, your home, your super and your future, often while you are still processing the loss of the relationship itself. Our North Brisbane Family Lawyers are here to steady the process.
We act for professionals, parents and business owners who want plain-English advice, realistic options and proactive communication.
What our Family Lawyers help with
We are a North-Brisbane Family Law firm with a focused scope: we cover the things that matter most to separating couples and families or those couples looking for clarity and protection at the outset of a relationship. Every matter starts with a confidential conversation so you understand your options and the pathways available to you before you have to make any decisions.
- Pre-Nuptial Agreements (de facto or marriage)
- Separation and divorce
- Parenting arrangements after separation
- Negotiating and formalising a property settlement
- Spousal maintenance
- Binding Financial Agreements
- Child support disputes
- Binding Child Support Agreements
- Mediation and Family Dispute Resolution
- Domestic Violence Protection Orders
Who we help
Our clients are usually in their 30s to 50s, often with children, meaningful assets or complex finances. You may be:
- A separating parent who wants to formalise an agreement reached in relation to living and care arrangements for their child or children
- A professional or business owner protecting super, a trust or a company interest in a property split
- A de facto partner approaching the two year time limit to apply for a property adjustment following separation
- A party to an Application for a Protection Order in relation to a domestic and family violence matter
- Someone who has already been served with court documents and needs clear advice fast about next steps
- A couple entering into a de facto relationship or marriage with a clear idea as to how they wish for their assets to be divided in the event of separation and wanting to establish a pre-nuptial agreement
- A couple who have agreed on an outcome and want it documented properly as consent orders or a binding financial agreement
If your situation is not on that list, it does not mean we cannot help. Call us for a discussion regarding your situation and whether we can assist. If we can’t, we will point you in the right direction.
What to expect
You don’t need to have everything worked out before you contact us. In your first appointment, we’ll:
Listen to what’s happening and what matters most to you
Explain your options in plain-English
Outline the likely pathway and timeframes (where possible)
Confirm a step-by-step plan for next steps and how we’ll keep you updated
Book a confidential consultation today where we can listen to your story, understand your objectives and provide a clear pathway towards a resolution by setting out all available options.
Funding option
A smarter, more flexible way to fund a property settlement matter
We understand that separation can put real financial pressure on people, and sometimes that pressure can delay getting the legal support you need.
That’s why we’ve partnered with JustFund, a provider of funding solutions for eligible Family Law clients. If approved, you may be able to access funding to cover legal fees and related expenses for separation or relationship property proceedings, with repayment generally not required until settlement.
If you’d like to explore this option, speak with our team and we’ll explain how it works and whether it may suit your situation.
Ask about funding options
Common risks we help you avoid
Family Law can move fast and the steps you take in the early days following a separation are critical; we help you avoid costly missteps and ensure that you always know what comes next.
- Vacating the home without proper advice
- Agreeing to an outcome too early before you understand your options or the long-term impact
- Missing key dates or steps that can affect outcomes and timing
- Unclear parenting arrangements that create ongoing conflict or practical issues and can be difficult to unwind
- Informal agreements that aren’t properly documented or enforceable
- Incomplete financial disclosure (or missing documents) that delays progress and increases cost
- Emotional decision-making that escalates conflict and complexity
- Communication pitfalls (messages/emails) that can be misread or used against you later
- Not planning for costs and process leading to avoidable stress and stop-start momentum
We focus on calm progress: clear recommendations, sensible next steps, and steady communication from the start.
Our Brisbane Northside Family Law services
Separation and divorce in Queensland
Separation occurs when the decision has been made that the relationship is over. Divorce is the legal order that ends the marriage. You can be separated for a long time without being divorced, and you do not have to wait for a divorce to take effect to sort out property or parenting arrangements. In Australia you must be separated for at least 12 months before applying for a divorce, and if you have children under 18, the court must be satisfied that proper arrangements are in place for their care before the court will grant the divorce.
Property settlements, super, trusts and business interests
A property settlement decides how assets, liabilities and superannuation are divided after a relationship breakdown, for married and de facto couples alike. It covers all assets, liabilities and financial resources in either party’s name including super, trusts, SMSFs, investment properties, shares, businesses, vehicles and debts, not just the family home. Strict time limits for a property settlement apply under the Family Law Act 1975, and the outcome should always be documented through consent orders or a binding financial agreement so it is enforceable and qualifies for the available stamp duty and CGT relief where applicable.
Parenting arrangements and parenting plans
Parenting arrangements decide where children live, how time is shared between two homes, and who makes long-term decisions about school, health and religion. The paramount consideration in every parenting decision is the best interests of the child. Most families we work with document their arrangements in either a parenting plan or consent orders, and only a small number of matters end up in court.
Consent orders and binding financial agreements
Consent orders and binding financial agreements both make an agreement legally binding, but they work differently. Consent orders are filed with the Federal Circuit and Family Court and reviewed by a judge. Binding financial agreements are private contracts under the Family Law Act and can be made before, during or after a relationship. The right option depends on the complexity of the matter, the assets involved and the relationship you want with the other party afterwards.
Family mediation and dispute resolution
Mediation is often the fastest and least expensive way to resolve a family law matter, and many of our clients settle at a single mediation conference, avoiding the need for lengthy and expensive litigation. For parenting matters, family dispute resolution is usually a required step before court under section 60I of the Family Law Act 1975. We prepare you properly before you walk into the room and can attend mediation with you if needed to ensure your interests are appropriately represented.
Why North Brisbane families choose Kelly Lawyers
- Based in Ascot on Brisbane’s Northside, with clients across Ascot, Hamilton, Clayfield, Banyo, Nudgee, Virginia, Nundah, Kedron, Stafford, Chermside and beyond.
- Plain-English advice. No legalese, no letters or advice that are difficult to understand.
- Calm, measured approach focused on resolution.
- Proactive communication. You know what is happening and what comes next at every stage.
- Transparent pricing discussed before any work begins.
- Discreet channels: confidential phone and video consultations, secure email, flexible appointment times.
What to expect from your first call
We offer fixed-fee initial consultations with no obligation to proceed. Consultations are confidential. We will listen to what is happening, ask about your children, your finances and your goals, and outline your options. Following the consultation we will provide a detailed fee estimate before you decide whether to engage us.
Common questions answered
How long do I have to be separated before I can apply for a divorce in Australia?
You need to be separated for at least 12 months and satisfy the court there is no reasonable likelihood of resuming married life. You can be separated while still living under the same roof, though additional evidence will be needed to substantiate the required period of separation. Previously, if you had been married for less than two years, you would have had to attend counselling and file a counselling certificate before making an application for divorce, however, this requirement was recently dispensed with. (Federal Circuit and Family Court of Australia).
Do I have to go to court to get a property settlement?
No. Most property settlements in Australia are resolved out of court through negotiation or mediation and then documented in consent orders or a binding financial agreement. If you agree to document your property settlement in consent orders, then an application for consent orders will be filed in the Court and considered by a Deputy Registrar, however, you will not be required to attend Court. Commencement of court proceedings is a last resort when parties cannot agree or where urgent orders are needed, particularly when the timeframe to commence proceedings is coming to an end.
What is the time limit for applying for a property settlement?
Under section 44 of the Family Law Act 1975, married couples have 12 months from the date their divorce takes effect. De facto couples have 2 years from the date of separation. The court can grant leave to apply out of time, but only in limited circumstances, so it is always safer to act within the window.
How is superannuation split in a family law settlement?
Super is treated as property under the Family Law Act 1975 and can be split between spouses by a court order or a binding financial agreement. The split is managed by the super fund itself, and there are specific valuation rules for defined benefit and SMSF interests.
Do we have to go to mediation before court for a parenting matter?
In most cases, yes. Section 60I of the Family Law Act 1975 requires parties to make a genuine effort to resolve parenting issues through family dispute resolution before applying for parenting orders. An accredited practitioner issues a section 60I certificate, which is filed with any court application. Exemptions apply, including for family violence or urgency.
What is the difference between a parenting plan and consent orders?
A parenting plan is a written, signed agreement between parents. It is flexible but not legally enforceable. Consent orders are made by the Federal Circuit and Family Court and are legally enforceable. Most families we work with use consent orders once arrangements have settled.
What are the six best interests factors for parenting decisions?
Section 60CC of the Family Law Act 1975 sets out six general considerations the court applies to decide what is in a child’s best interests. Safety of the child and their carers is listed first, and there is an additional consideration for Aboriginal and Torres Strait Islander children. The previous list of 16 considerations has been replaced by this simpler core set of factors designed to prioritise arrangements that are in the child/ren’s best interests and promote safety.
Do you offer clear pricing?
For defined scope work such as uncontested divorce applications, consent orders and binding financial agreements, we provide clear pricing quoted in writing before you commit. For matters where the scope is less certain, such as contested property or parenting proceedings, we charge on an hourly basis with regular estimates and updates provided along the way so that you always know where you stand.
Speak with a Brisbane Family Lawyer today
If you are considering separation, are already separated, or just starting to think about what might come next, a fixed-fee consultation with a Kelly Lawyers Family Lawyer will give you clarity. We will listen, explain your options in plain English and help you plan the next step.
Contact our Family Law team
Book a consultation; we’ll explain the next steps simply and keep you updated at every milestone.