Where are you located?

You will find our Brisbane office located at 359 Gympie Road, Kedron and our Sunshine Coast office at 174 Brisbane Road, Mooloolaba – just a few minutes from the beach!

 

Can you represent people with family law matters outside of Queensland?

Yes. We regularly assist people Australia-wide (and even internationally) thanks to the beauty of technology.

North Brisbane and the Sunshine Coast are our core service areas however due to our office locations.

We regularly use electronic communications such as email, zoom and telephone as well as face to face when necessary. We appreciate that everyone is busy, so we will always try to tailor our communications to make them the most efficient use of everyone’s time!

 

How can we help?

We help people every day to secure their financial future and move forward with their lives as timely and cost effectively as possible.

The majority of people we help are those who are going through a separation. The main legal products we assist with include:

• Amicable Separation Agreements, such as Consent Orders
• Negotiation and Mediation
• Court

We do however also regularly help couples who are looking to secure their assets by entering into a Binding Financial Agreement, either at the start or during their relationship.

 

What will my legal costs be?

The first step is usually an Initial Meeting with us, but not always.

The cost of your Initial Meeting (and whether you will need one) as well as the requirements and total cost of your matter will depend on the service you require as we are not ‘a one size fits all’ type of law firm.

Once you have contacted us, we will be in touch as soon as possible to explore how we can help you and to provide you with a clear plan regarding our recommended next steps as well as our costs.

We can let you know that we will not be the cheapest or the most expensive family law firm that you contact. Our focus is to be on your desired outcome and how to achieve that in the most efficient way. That means working out what you want from the outset, coming up with a clear and transparent plan around the steps and costs, and being proactive throughout.

 

Can my separation be amicable or is that a myth?

Yes, your separation can be amicable. Gone are the days where (most) people separate and that means that they have to hate each other’s guts and never speak to one another again or spend years fighting in Court. Put simply, times and mindsets around separation are changing. In our 10+ years of working in family law, the landscape around separations has changed significantly. More often than not our clients are amicable – albeit to varying extents. So, it is possible!

At Martens Legal, our focus is to help you reach an amicable agreement, if possible, and we have significant experience in assisting people through this process, which has allowed us to have the knowledge and tips and tricks on how best to approach separation discussions and agreements for the purposes of reaching an amicable agreement. Again, it is not a one size fits all approach, so we would need to have a detailed consult with you to understand your situation and then formulate a tailored plan for you.

 

Why go to Mediation and not Court?

The Court process is costly (both financially and emotionally) and more often than not, provides delays in finalising your family law matter.

There are numerous reasons to choose to mediate prior to commencing proceedings with the Court:

• Mediation can narrow down the issues in dispute prior to commencing proceedings;
• Mediation saves you money;
• Mediation will more quickly resolve your issues than going through the Family Court;
• You have greater control over what is important to you;
• Mediation is less formal than court;
• The process can be more comfortable than a courtroom environment which can be incredibly formal and stressful;
• Decisions that are made can be drafted into a binding legal document such as Consent Orders or a Binding Financial Agreement.

 

Do we need to prepare a formal agreement with the Court for property settlement?

It is only property settlements put in writing properly as a Binding Financial Agreement, Consent Orders or Court Orders that are legally binding.

Formal documents are crucial if there is a superannuation splitting arrangement, a property to be transferred, or to simply validate that the issues are legally at an end and to prevent future claims.

 

What is a Consent Order?

A Consent Order is used when you and your ex-partner reach agreement about parenting and/or property settlement matters.

A Consent Order can either be made when there is already a Court matter or, if you reach agreement without going to Court, you can file an Application for Consent Orders.

 

Can I sort out my property settlement before I am divorced?

Yes you can! You do not need to wait for your divorce, and you do not need to have sorted out your property settlement before you get divorce.

However, once you are divorced, you only have 12 months to apply to the Court for property settlement orders.

 

If we have separated but are amicable, can we have the same family lawyer?

No, you cannot. As family lawyers, we are prohibited by law from acting for both people in a separation. This unfortunately means that we are unable to provide advice to both of you. We do however work regularly with other family lawyers who have a similar approach and philosophy to help amicable separated couples through the family law separation process.

 

Do we have to include superannuation in our property settlement?

Yes. You must inform each other of your current superannuation balances, following the disclosure rules, and take those figures into account for your overall calculations.

 

Will our property be split 50 / 50 in a divorce?

It is not often that property settlements are as simple as a 50 / 50 outcome.  A property settlement weighs up a range of factors including initial contributions, contributions during the relationship and future needs of the parties.

An experienced family lawyer will be able to provide you with clear advice around your possible property settlement outcomes.

 

Do I need to keep paying the mortgage after separation?

You should seek legal advice on this issue as it this will depend on your individual situation as to what will happen with expenses such as the mortgage after separation.

 

Will I lose my family law rights to property if I move out of the family home?

The short answer is no, you will not.

In our experience, there are some practical matters to consider before you do move out, and we strongly encourage you to make contact with an experienced family lawyer before taking this step for that reason.

 

Do I have to sell the house as part of the settlement or can I keep it?

This will largely depend on your ability to refinance the mortgage over the property into your name alone.

You may also be required to obtain a further loan in order to “purchase” the other party’s interest in the property.

 

Complications may arise if both parties wish to keep the home.

You should seek legal advice on this issue as it this will depend on your individual situation.

 

When can I get Divorced?

Once you have been separated for 12 months, you can apply for a Divorce Order.

 

Does my ex need to agree to a Divorce?

No. Your ex-partner does not have to agree, and the law does not look at whose ‘fault’ it is, such as an affair.

The Court does not want to know why your marriages has broken down and only that it is “irretrievably broken down”.

Couples in a registered relationship need to apply to the Registry of Births, Deaths and Marriages to end their relationship.