You are here

Family Lawyers in South Brisbane

Law books of our family lawyers in Wilston

A relationship breakdown with your partner can leave you distraught and needing a sense of direction. The decisions made during this difficult time will affect your immediate and long term financial position and the ongoing welfare of your children.

At such a crucial time in your life, it is important to have a legal team who is committed to your individual needs and will progress your family law matter with integrity and professionalism.  At Delaney & Delaney, you will receive prompt, personalized and professional attention through to the resolution of your matter. Our aim is to provide you with a caring and friendly service where your care is our chief priority.

Delaney & Delaney prides itself on the assembly of our client focussed family lawyers who can assist you in your all aspects of your family law matter.

Mediation and Other Dispute Resolution Procedures

Marriage and relationship breakdown is a stressful and emotional time. An appreciation of this is fundamental to practice in this jurisdiction. Therefore, at the outset, every effort is made to encourage parties to resolve their concerns by means other than litigation.

Our family lawyers are skilled in negotiation and mediation and understand other dispute resolution methods such as independent expert appraisal and arbitration. We are committed to using these tools to your best advantage before resorting to litigation. Even during the court process, our considerable negotiation and mediation skills can help you settle before a judicial officer imposes an order on you.  If you and your spouse/ partner are able to come to an agreement prior to the litigation, you will have more input and control of the terms of the agreement and the strain on your relationship with the other party may be minimised.

Separation

Separation precedes divorce and is the point at which you and your spouse/ partner no longer co-habitate, however in some instances, separation may occur whilst living in the same premises as your spouse.  Separation is a stressful and distressing time for all concerned and if you and your partner have just separated or are about to separate, counselling may of benefit to you.  This can assist with reconciliation, however if separation is inevitable, counselling may be of assistance in dealing with the emotional turmoil resulting from this process.   

Although there is no requirement for legal intervention at the separation stage, our family lawyers can advice you further as to your rights and obligations at this phase of the divorce process.  If there is contention or potential conflict around parenting arrangements or property division, it may be helpful to speak with one of our experienced family lawyers to ensure your rights are protected. 

Divorce  

An application for a divorce may be made 12 months after the date of separation.  Applications for Divorce can be filed without the assistance of a family lawyer and the Family Court Australia provides a Divorce Kit which can be used by all members of the public:

Family Court Application for Divorce Kit

In the event of potential child custody issues or contentious divisions of assets and/or property, you may wish to seek legal assistance from our experienced and highly skilled legal team.  Your family lawyer will deal with you with understanding and care during this tumultuous time, and assist you to navigate your way through what can be a complex family law system.  Your practitioner will speak to you in terms you understand and ensure you have entire clarity and control over the progression of your matter. It is the goal of our entire team to understand and carry out your wishes, and expedite all processes so that family strain may be minimised.  Our family lawyers are “people” people, who will work hard to understand your situation and advocate on your behalf for your best possible outcome.  Our team will collaborate to ensure you have every legal advantage in the resolution of your matter.   

Property Division

No matter how complex your asset pool is, our results-driven solicitors will work with you to ensure the best outcome for you.  In our 98 year history, Delaney & Delaney has handled thousands of property settlements which have seen our clients receiving every advantage.  At all times, your care and most advantageous outcome is our priority.  Your Solicitor will speak with you in terms you understand and be available throughout the course of your entire matter.  Our firm’s long standing industry reputation means your future after your separation and divorce is in the best possible hands.  Your Solicitor understands how a desired long term outcome may require immediate action and will guide you with transparency.   

Children's Issues 

Fiona Kennedy, our Accredited Family Lawyer, has an industry regarded reputation as one of the most caring, yet results-driven lawyers.  We understand that a family breakdown will be one of the most emotionally stressful experiences for you and your loved ones.  Delaney & Delaney will approach your matter with diligence, care and discretion and can assist you negotiate with the other parent on all issues relating to the children's best interests.  We will offer you sound legal counsel and guidance as you navigate your way through the complex Family Law legal system.  Your solicitor will speak with you in terms you understand and will fight to ensure your desired outcome is represented with every advantage.  We are located conveniently adjacent to the Family Law Courts.  

Binding Financial Agreements Including Pre-Nuptial Agreements

The Family Law Act allows married and de facto couples (including same sex couples) to enter into legally binding financial agreements with respect to their property. Binding Financial Agreements can be made before, during or after a marriage or de facto relationship.

You should consider making a Binding Financial Agreement if you:

  • wish to avoid costly court proceedings;
  • are marrying later in life;
  • have been married previously;
  • have children from a previous relationship;
  • have suffered financial hardship as a result of a the breakdown of a past relationship;
  • are in a blended family or about to become part of a blended family; or
  • if you have significant assets prior to entering into a relationship.  

A Binding Financial Agreement specifies how, in the event of the breakdown of the relationship, all or any of the property or financial resources of either or both of the parties to the relationship is to be divided.

For a financial agreement to be legally binding, both parties must have signed the agreement and received independent legal advice.

Cohabitation and Separation Agreements for De Facto Relationships

De facto Cohabitation Agreements are similar to pre-nuptial agreements and are commonly applied when partners start to live together without embarking on marriage. These agreements establish each partner's property at the outset of the relationship, including how earnings are to be distributed and the principles for the division of property and assets in the event of separation.

If you have separated or are in the process of separation and you do not have a Cohabitation Agreement in place, a Separation Agreement may be beneficial to ensure property and asset distribution is equitable.  We can also assist in the execution of the agreement to ensure the process is expedited allowing all parties to move forward at what is a very difficult time.

Domestic / Family Violence Proceedings

If you are genuinely concerned about your personal safety or the safety of your children or relatives because of harassment, violence or threats of violence from your former partner, we can act to obtain a Protection Order for you. We can also advise on other orders designed to ensure your safety.