Statewide Family Law in Mackay, Queensland | Divorce & Family Lawyer

Statewide Family Law

Locality: Mackay, Queensland

Phone: +61 7 4963 0808

Address: 34 Wood Street 4740 Mackay, QLD, Australia

Website: www.swc.net.au/family-law

Likes: 156

Add/Update information

Reviews

Tags

• Divorce & Family Lawyer

25.01.2022 DISPUTE RESOLUTION | This week we continue with part two in explaining the process of and services available for dispute resolution. Where are Dispute Resolution services found and is there a cost? We recommend the services of:... Family Relationships Centre 1800 050 321 Relationships Australia 1300 364 277 Each provider will have their own costs associated with providing the dispute resolution centre. Ask about their services fees when making an enquiry as some providers will take into account your financial situation. What happens if we reach an agreement? If you and your former partner reach an agreement, then you can enter into a Parenting Plan or file Consent Orders with the Court. For more information about Consent Orders, please contact us. Do I have to participate in Dispute Resolution? Yes, unless the Court grants you an exemption on the basis that: the matter is urgent the court finds that there are reasonable rounds to believe that family violence or child abuse has occurred or there is a risk of it occurring.

23.01.2022 JOINT PROPERTY AND SOLE PROPERTY When considering a property settlement, the first step is to identify all the assets and liabilities of the parties. It does not matter which party legally owns the property. For example, if a car or house is registered in a sole name. The Court doesnt only consider the legal ownership of an asset, but also the equitable ownership. This means whether the other party has contributed to the asset in some way.... If you are unsure as to what assets and liabilities should be included in your property settlement, it is important to get advice that is tailored to your circumstances.

23.01.2022 RECOVERY ORDERS - PART 2 | This week we look at what happens after a recovery order is made. After a Recovery Order is made, what happens next? The Court itself does not recover the child. The Court usually makes an order authorising or directing another person to find, recover and deliver the child.... For more information about this, please contact us. What happens when a child cannot be found? The Court will sometimes make a Location Order. The Court can also make a Commonwealth Information Order (which requires a Commonwealth Government Department, like Centrelink, to give the Court information about the childs location) or a Publication Order which allows the media to publish details and photographs of the missing children and the people they believe What happens when a child is taken overseas without permission? If your child has been abducted to or from Australia, you may make an application to the Court under the Hague Convention on Child Abduction. The Hague Convention can only assist however if the other country is a signatory to the convention recognised in Australia. Contact us to obtain advice about this process. If you have brought your child to Australia and have been served with Court documents or are concerned that may occur, contact us and we can provide your with tailored advice regarding your situation.

21.01.2022 DIVIDING PROPERTY AND FINANCES AFTER SEPARATION - PART 1 | With the end of the financial year fast approaching, now is the time to get advice on your personal property matters. How can we sort out how to divide our assets and debts? Some ways that property can be divided include:... agreeing to divide property with your former partner without the Courts involvement (we do not recommend this as there is a risk down the track that your former partner may renege on any informal agreement reached) applying for Consent Orders in the Family Court if you and your former spouse reach an agreement applying to the Court for financial orders including division of property and spouse/de facto maintenance if you and your former spouse cannot come to an agreement. Im in a de facto relationship can I apply to the Family Law Courts for orders regarding property? Yes. Both the Family Court and Federal Circuit Court can make orders in relation to financial matters after the break down of a de facto relationship. Will my superannuation be included in property orders? Yes. Superannuation is treated by the law as a different type of property. Courts are therefore able to make orders that provide for a split of superannuation benefits.

20.01.2022 RECOVERY ORDERS | For the next two weeks, we will be looking at what recovery orders are and how they operate. What is a Recovery Order? A Recovery Order is an order made by the Court that can require a child to be returned to a:... parent of the child; person who has a parenting order that states the child lives with, spends time with or communicates with that person; or person who has parental responsibility to the child. Can I apply for a Recovery Order? A Recovery Order in relation to a child may be applied for by: a person with whom the child is to live under a parenting order; or a person with whom the child is to spend time under a parenting order; or a person with whom the child is to communicate under a parenting order; or a person who has parental responsibility for the child under a parenting order; or a grandparent of the child; or any other person concerned with the care, welfare and development of the child. How do I apply for a Recovery Order? There are different processes for applying for a Recovery Order. Contact us to find out more information about these processes.

19.01.2022 PATERNITY AND DNA TESTING What happens if there is a disagreement about the paternity of a child? If there is a disagreement about the paternity of a child, we can help you with the process of paternity and DNA testing and explain the different types of testing available and which is the most suitable in your circumstances.... Are there different tests that can be done? Yes. There is a non-legal test (often referred to as a Peace of Mind test) and then there is Court approved testing. The Department of Human Services (Child Support) will not accept a DNA test as proof that someone is or is not the childs father and will only accept a declaration from the Court. Testing for family law purposes must comply with the regulations outlined in the Family Law Act 1975 and there are a number of organisations who provide this service. If there is an agreement between you to obtain the test or if there is an order of the Court, we can assist you with this process. If the other party refuses to participate, we can give you advice on your options.

16.01.2022 PROPERTY SETTLEMENTS | We are already almost into the third week of January 2020, with Christmas and New Year having gone by in a blur. Now that the festive season is over, it is a good opportunity to think about those things you have been putting off. One of those things, if you are from a separated couple, is to finalise the property settlement arrangement with your ex-partner. ... Often, people put this in the too hard basket but it is so important to make these necessary arrangements in order to attempt to avoid having to go to Court at some future time. Division of property can be finalised in different types of ways, including by obtaining a Consent Order from the Court, entering into a Financial Agreement or having the Court determine those matters for you by way of commencing proceedings in the Federal Circuit Court. We recommend that you contact us to get some tailored advice on which process is right for you as every persons situation is different.

15.01.2022 IN PROFILE | Have you seen our Statewide Family Law team in the latest edition of Core Life Magazine? To read the full article, click here: https://bit.ly/2UNqiYT

15.01.2022 PARENTING - PART 1 | For the next two weeks we look at how we can help you reach an agreement with your partner about parenting issues. We agree on parenting arrangements what next? If you and your former partner are able to come to an agreement in relation to parenting arrangements for your children after separation, rather than going to court, you can:... enter into a Parenting Plan; or file for a Consent Order to be approved by the Court. Before entering into either agreement, you should contact us to obtain advice about which approach is most suitable to you. What is a Parenting Plan? A Parenting Plan is a written agreement that outlines the parenting arrangements for your children. Each of you work out the agreement together. You and your former partner can agree to change an existing Parenting Order by entering into a Parenting Plan unless an existing Court Order forbids you to do otherwise. Note however that a Parenting Plan is not legally binding and is not enforceable.

14.01.2022 FAMILY LAW ADVICE YOU CAN TRUST We understand the importance of trust to clients when choosing a family law solicitor. We will gain an in-depth understanding of your particular situation and use our expertise to provide you with cost effective and timely advice. To arrange a free 20 minute, no obligation, confidential chat* about your particular circumstances, please contact us on (07) 4963 0808, 0400 630 808 or [email protected] *Subject to availability

14.01.2022 WHO GETS THE DOG? Occasionally parties struggle to reach an agreement in relation to shared pets. If, during the course of your negotiations, you do reach a decision about who will retain a pet, this can be included in your property settlement orders.... For the purposes of your property settlement, your cherished pet is considered an item of property. If you would like further advice on what can be included in a property settlement, please contact us for a consult appointment today.

13.01.2022 CHRISTMAS CLOSURE Our offices will be closed from 5.00pm on Friday 20 December, 2019 to 8.00am Thursday 2 January, 2020. If your matter requires urgent attention, please contact our out of hours emergency number on 0417 605 185. Best wishes for the festive season.

12.01.2022 IMPORTANT INFORMATION FOR ALL CLIENTS AND CONTACTS | Dear valued clients, The safety of our clients, contacts and employees is of utmost importance to us. In light of the recommended social distancing measures, we have adopted the following practices to ensure the safety of all:- We are ensuring that any employees who are unwell, or who have recently returned from overseas, remain away from work and seek medical advice. We are arranging for client appointments to be held ...by telephone, where possible. We will be discouraging handshaking and other direct contact. We are asking that all visitors to our offices use alcohol based hand sanitiser which will be located at the entrance to our office/reception area. We are asking that if you are unwell or have returned from overseas in the last 14 days, that you contact us prior to visiting our office on 07 4963 0800 or [email protected] To ensure that we can continue to service our valued clients throughout these uncertain times, our employees have been set up with the ability to work remotely from home if required and will be contactable by email (preferred method) and their usual work telephone number. We will continue to monitor the situation and take advice from the relevant health organisations and may adjust our approach as necessary. We trust that these measures will be appreciated by all and welcome any feedback or questions you may have. With thanks Statewide Family Law

12.01.2022 IS A PARENTING PLAN BINDING? The short answer is no. A parenting plan is not a legally binding document meaning there are no enforceable consequences if a parenting plan is not followed. If a parenting order is breached, there are a range of consequences which the court can enforce. ... A parenting plan is not a completely useless document. It can be used in any future court proceedings to show the intention of the parties and a failure to follow the parenting plan may be viewed negatively by the Court. If you have an existing parenting plan and would like more information on how to convert it to a parenting order, please contact our office to arrange a consult appointment.

11.01.2022 CHILD SUPPORT | This week we look at how child support agreements are made. Who is responsible for administering the payment of child support? The Department of Human Services is responsible for administering the payment of child support. Therefore, you cannot apply to the Family Court or Federal Circuit Court about child support payments.... In some very limited cases, you can apply to the Federal Circuit Court for a departure from a child support assessment made by the Department of Human Services. What if we agree about child support payments? You can make your own arrangements about child support without having to apply the Department of Human Services. You can enter into a private child support agreement and you can also include the agreement in a Parenting Plan. If my former partner is not paying me child support, can I stop them from seeing the children? The issues of the payment of child support and children spending time and communicating with a parent are two very different things. The Court is concerned with the best interests of the children as being the most important consideration and must consider the benefit of children having a meaningful relationship with both of their parents as separate from the issue of payment or non-payment of child support. How is child support calculated by the Department of Human Services? For further information on child support and how it is calculated, please contact us.

11.01.2022 TELEPHONE OUTAGE | Good morning all, unfortunately our phone provider is experiencing a widespread outage and we are unable to receive calls. For urgent matters please call 0417 605 185 or email [email protected]

10.01.2022 INTRODUCING EMLYN QUINN We are excited to announce that Emlyn has joined our Senior Solicitor, Katrina Peters, in Statewide Family Law. Emlyn completed her Bachelor of Laws through Queensland University of Technology and a Graduate Diploma in Legal Practice through The College of Law.... Before moving to Mackay, Emlyn has engaged in community legal work and provided advice in several areas of law including family law, domestic violence and minor criminal law matters. Emlyn will be providing advice on a range of legal issues including parenting, property settlement and protection order issues. Emlyn enjoys building positive relationships with clients to help support them on their journey through the family law process. Contact Statewide Family Law on (07) 4963 0808 and let our team help you today.

09.01.2022 CONGRATULATIONS | We are delighted to announce that Katrina Peters has been promoted to the position of Associate with Statewide Family Law. Katrina Peters first joined McKays in 2005 and worked as a paralegal and team administrator for several years, while studying. Since joining Statewide in 2017, Katrina has grown a brand new practice area known as Statewide Family Law and has established a reputation as a hardworking, client focused family lawyer. Katrinas strong wort...h ethic is to be commended. As a result of Katrinas hard work, Statewide Family Law has grown to the extent that it recently hired a junior lawyer. Her efforts both in the office and outside (marketing at her BNI group) are recognised by both her peers and clients. Katrina has shown a desire to challenge herself, set goals and push herself to achieve them. Katrina is also the President of Mackay Training & Employment which provides employment services for people with disabilities. Katrina has been promoted to an Associate. This position is reflective of Katrinas passion to assist others in the community. Katrina is a highly regarded member of the Statewide family and displays strong leadership and supervision skills in her role. Congratulations Katrina!

07.01.2022 IT'S ALMOST THE END OF THE FINANCIAL YEAR - HAVE YOU THOUGHT ABOUT FINALISING YOUR PERSONAL PROPERTY MATTERS? | This last week of the 2018-2019 financial year we look at how the law splits superannuation after you have separated from your partner. How does the law treat superannuation? The law recognises superannuation as a different type of property. Orders can be made for a superannuation split payment from one partys superannuation fund to the other. The superannuation ...payment does not convert into a cash asset and it is still subject to the laws of superannuation, ie. it is usually retained in the superannuation fund until retirement age is reached. How can we split superannuation? You and your former partner can enter into a formal Financial Agreement which requires both of you to instruct solicitors, who are required to sign a certificate, stating that you have each received independent legal advice about the agreement. Secondly, you can apply for Consent Orders to split superannuation. Lastly, if you and your partner cannot reach an agreement, you seek an order from the Court to split superannuation.

07.01.2022 DIVORCE | This week we look at part two of the process of divorce. Does a Divorce Cost Money? There is a filing fee for divorce applications however, if you hold certain government concession cards or you are experiencing financial hardship, you may be eligible for a reduced fee. To find out if you are eligible, please contact us.... Do I have to attend the divorce hearing? If there is no child of the marriage under 18 years, you are not required to attend the court hearing. If it is a joint application with children under 18, you are not required to attend the court hearing. If it is a sole application with children under 18, you are required to attend the court hearing. Is Divorce the same as property settlement? The granting of a divorce does not decide issues about property. If you want to make arrangements about these issues you can make an agreement with your spouse and file it with the court or, if an agreement cannot be reached between you, seek orders from the court. For more information: https://bit.ly/2ARUwQs

07.01.2022 PROPERTY SETTLEMENTS | This week we look at how obtaining a Consent Order or Binding Financial Agreement can help you with your property settlement. Many clients contact us and say that their bank just requires a letter from us to allow them to refinance their mortgage so that they can transfer their ex-partners interest in the former matrimonial home to their sole name. This is incorrect. Generally, what the banks require is an order of the Court or a Binding Financial ...Agreement. If there is an agreement between parties about a property settlement, it can be an easy and cost effective process to obtain a Consent Order from the Court, which can then be used when transferring the property. The benefits are two-fold: 1. There is a stamp duty exemption applicable on the transfer; and 2. The order ends the financial relationship between the parties on a final basis so neither can come back for a second bite of the cherry. If youd like to know more about this process, contact Katrina or Emlyn at Statewide Family Law today.

06.01.2022 DE FACTO RELATIONSHIPS | This week we answer your frequently asked questions relating to de facto relationships. What is a de facto relationship? A de facto relationship can exist between 2 persons of different sexes and between 2 persons of the same sex who are not legally married to each other, are not related by family and have a relationship as a couple living together on a genuine domestic basis.... Can I apply to the Family Law Courts for parenting orders? Yes. The Family Law Courts treat issues in relation to the children of de facto couples in the same way as children of married couples. Can I apply to the Family Law Courts in relation to financial matters? Yes. The Family Law Courts treat financial matters between de facto couples in the same way as those in relation to married couples. Be aware however that you must apply for de facto financial orders within 2 years of the breakdown of your relationship. If that timeframe expires, you require permission from the Court to apply. How do I make an application to the Family Law Courts? There are rules and procedures that must be following when making an application to the Family Court of Australia or Federal Circuit Court of Australia regarding children and/or property final matters. For more information, please contact us.

06.01.2022 ARE YOU ELIGIBLE FOR LEGAL AID? Statewide Family Law is one of Legal Aid’s preferred suppliers in the Mackay Region. If you think you are eligible for Legal Aid, you can make an application straight to Legal Aid or we can assist you with the Application.... After a consultation with one of our solicitors, if your matter requires a conference or court proceedings, we can lodge your Legal Aid application online for you. It is likely that our solicitors will be allocated your file if you are successful. Please contact our office for more information.

05.01.2022 PARENTING ARRANGEMENTS OVER THE SCHOOL HOLIDAYS With school holidays fast approaching, please follow https://bit.ly/2GjC6OC for tips and reminders on how to avoid conflict to ensure that your children dont have to endure battling parents.

05.01.2022 PARENTING - PART 2 | This week we look at how a court order can help you reach an agreement with your partner post-separation. What are Consent Orders? A Consent Order is a formal agreement between you and your former partner which is approved by the Court. It can deal with both parenting and financial arrangements.... Consent Orders are legally binding and there are serious consequences for breaching them. For more details about how to file Consent Orders, please contact us. My former partner and I cannot agree on parenting arrangements what now? You must participate in dispute resolution before you can apply to the Court seeking orders for parenting arrangements. If you have done this and have been issued with a certificate from an accredited family dispute practitioner, then you can make an application to the Court. If there are issues of family violence or child abuse, you may not need to participate in this process before applying to the Court. The Court requires certain documents to be filed when making an application to the Court. Contact us now to find out more about the pre-action requirements and the process of making an application.

04.01.2022 NEGOTIATION IS BEST We pride ourselves on our ability to achieve the best outcome for our clients. From our point of view, the best outcome is a negotiated result rather than a court decided outcome being imposed upon you.... If you are interested in resolving your matter effectively and with as little animosity as possible, please call our office to arrange a consultation.

04.01.2022 SHOULD I ADOPT MY STEP CHILD? Step parents may wish to formally adopt a step child for a number of reasons. Adopting a step child involves several stages in order to reach a final outcome. Depending on your reasons for wishing to adopt, you may be able to achieve the same result through a parenting order.... If you are a step parent and would like further information on your rights and obligations as a step parent, please contact us to receive advice that is specific to your circumstances.

04.01.2022 THE IMPORTANCE OF BEING HONEST WITH YOUR LAWYER | why is it essential for you to be truthful with your lawyer? Lawyers cannot do their job properly, or achieve the desired outcome if you are not open and honest with them. For more information https://bit.ly/2YoplqC

04.01.2022 DIVIDING PROPERTY AND FINANCES AFTER SEPARATION - PART 2 | Now is a great opportunity to get advice on this process so that you are able to start the new financial year with a clean slate. How does the Court work out who gets what? Determining who gets what is not a precise mathematical exercise. The Court decides what is just and equitable based on the unique facts of your case.... However, there are some general principles that the Courts apply when determining a just and equitable division of property between parties which are: identifying the property pool including assets, liabilities, financial resources and superannuation identifying the direct financial contributions each of the parties have made to the marriage or de facto relationship identifying indirect financial contributions by each of the parties such as gifts and inheritances from family members identifying non-financial contributions such as parenting and homemaking identifying any future needs of either party taking into account things such as age, health, financial resources, care of children and earning income capacity. Are there time limits for making an application to the Court? Limitation periods apply to both marriages and de facto relationships. If you were married, you must make an application for division of property within 12 months of your Divorce Order being made. If you were in a de facto relationship, you must make an application for division of property within 2 years of the breakdown of your relationship. If you do not make an application within the above timeframes, you will need to seek the Courts permission to make the application and the Court does not always grant this. For more information: https://bit.ly/31xhUz4

03.01.2022 ARE YOU ELIGIBLE FOR LEGAL AID? Statewide Family Law is one of Legal Aids preferred suppliers in the Mackay Region. If you think you are eligible for Legal Aid, you can make an application straight to Legal Aid or we can assist you with the Application.... After a consultation with one of our solicitors, if your matter requires a conference or court proceedings, we can lodge your Legal Aid application online for you. It is likely that our solicitors will be allocated your file if you are successful. Please contact our office for more information.

03.01.2022 CONSENT ORDERS vs COURT ORDERS There is a difference between the two types of Orders. Consent Orders are just a formal version of the agreement reached between you and your former partner that are signed off by the Court. Once the Court has agreed to the Order, it becomes legally binding. ... A Court Order is a legal binding decision imposed by the Court on the parties. Once both Orders are made, they have the same effect but the process is different. If you would like comprehensive information and advice on what options are open to you in resolving your property settlement matter, please call our office to make an appointment.

03.01.2022 DISPUTE RESOLUTION | For the next two weeks we will be explaining the process of dispute resolution to help you better understand your legal rights and responsibilities. What is Dispute Resolution? These are services which help couples affected by separation and divorce to try and come to an agreement in relation to disputes about things such as property and parenting arrangements.... Why participate in Dispute Resolution? In family law matters, the Courts require parties to make a genuine effort to resolve disputes through these services before you can apply to the court for parenting and financial orders. The Court will not accept your application for parenting orders unless you have received a certificate from an accredited family dispute practitioner which must be filed with your application. In the case of Family Court financial matters, you are required to follow pre-action procedures which includes dispute resolution before being able to file an application.

02.01.2022 WELCOME TO 2020 | We are now back open after the Christmas/New Year break. At Statewide Family Law, we offer family law advice that you can trust. We will gain an in-depth understanding of your particular situation and use our expertise to provide you with cost effective and timely advice. To arrange a free 20 minute, no obligation, confidential chat* about your particular circumstances, please contact us on (07) 4963 0808, 0400 630 808 or [email protected] *Subject to availability

01.01.2022 COVID-19 UPDATE | We are continuing to operate from our offices with social distancing and hygiene measures in place as recommended by the Government, for the safety of our clients, staff and visitors. While we have been encouraged by the lifting of some restrictions in recent weeks, we will continue to offer client meetings via phone or video conference, where possible. We ask that you do not visit our office:... - If you are unwell; - If you have been told to self-isolate. If either of the above are applicable to you, please telephone our office on 07 4963 0808 prior to visiting. Visitors to our office will be encouraged to use hand sanitizer on entry and will be asked to maintain a 1.5m distance from others. Thank you all for your understanding and cooperation.

01.01.2022 GRANDPARENTS & PARENTING ORDERS Sometimes a grandparent can become a primary carer for a child for a variety of different reasons. If it is likely to be a permanent care arrangement, we recommend that as a grandparent you make an application to the Federal Circuit Court to have this care arrangement recognised and formalised.... Having this arrangement formalised by a Court Order will mean that there is a certainty in the ongoing arrangement and you can apply to have sole parental responsibility for the child. Having sole parental responsibility allows you as the grandparent to make decisions in relation to health, education or religious or cultural upbringing without requiring input from the parents of the children. If you are currently caring for grandchildren and would like some advice as to whether you should consider making an application for a Court Order including the costs and the steps in the process itself, please contact our office so that we can provide you with advice tailored to your individual circumstances.