The team at O’Neill Family Law can assist you through the divorce process and provide information and guidance on associated issues such as child support, parenting arrangements and property settlement matters.
Separation is a difficult time for couples and more so when children are involved. The team at O’Neill Family Law prides themselves in providing practical and sensible advice regarding reaching an agreement on living arrangements for the children of a relationship after a separation.
The Family Law Act refers to the best interests of the child or the children and it is within that context that children’s matters are dealt with. There are a number of ways in which parenting arrangements can be finalised with each method having some advantages or disadvantages for any given situation. Our team will work through those with you, whilst assisting you to deal with matters involving where the children are to live and how decisions are to be made.
The team at O’Neill Family Law have extensive experience in working with people who, because of circumstances outside their control, cannot have children or otherwise, wish to act as a surrogate for people who wish to have children.
The legalisation for surrogacy arrangements in Queensland provides a wonderful opportunity for people wishing to have children and our team will work with you every step of the way to make what is quite a complex process simple and meaningful.
The O’Neill Family Law team have vast experience and a keen interest in managing child support issues for parents who have separated.
Child support represents the payment required by law that one parent is to make to the other parent in the event of separation for the day to day expenses of their child or children. Often parents are governed by the Child Support Agency but they are also able to enter into private arrangements between them which alleviate the need to deal with that Agency for an agreed period of time.
The team at O’Neill Family Law can assist with advice around when it might be appropriate to make an application for maintenance for a child who is over the age of eighteen (18) (separate to child support which deals with arrangements for children under the age of eighteen (18)).
The Family Law Act gives people the opportunity to enter into agreements formally between them which allocates what happens to their assets, liabilities and superannuation entitlements in the event that they separate.
The O’Neill Family Law team often methodically prepare agreements to deal with situation where parties:-
- are married;
- are contemplating marriage;
- are divorced;
- are contemplating entering into a defacto relationship;
- are in a defacto relationship; or
- have separated.
The team at O’Neill Family Law has widespread knowledge and experience in dealing with spousal maintenance applications both in applying for them and defending them on behalf of clients.
There are situations that arise where it is appropriate for one person to “maintain” the other person financially in the event of a separation. Generally it is said to occur when one person has a “capacity” to maintain and the other person has a “need” to be maintained.
Generally, each situation is very different when it comes to spousal maintenance and therefore it is advisable to always discuss you specific situation with one of the O’Neill Family Law team.
There are stringent laws in place to protect those against suffering domestic violence in Queensland. The definition of domestic violence does not only include physical violence but, amongst other things, emotional and financial violence pursuant to Queensland legislation.
Each solicitor at O’Neill Family Law bring an understanding to the complex issues relating to domestic violence and have the experience and understanding of the legislation to prepare tailored applications for circumstances of unique situations or alternatively our team also has wide-ranging experience in defending applications.
The wide-ranging services that Ben, Louise, Stacey and Joel offer relate to married and defacto couples alike.
The law as it stands means that there is very little difference between how the breakdown of a married couple’s relationship and how the breakdown of a defacto couple’s relationship is dealt with in terms of property settlement and parenting matters and each solicitor on the O’Neill Family Law team has vast experience in dealing with both married and defacto couples.
There is no distinction in the current law relating to same sex relationships and in every respect they are dealt with in the same way that couples of different sexes are dealt with.
The team at O’Neill Family Law has many clients both present and past who have entered into same sex relationships and need to consider how to divide their assets, liabilities and superannuation entitlements. Likewise, our team are well versed and vastly experienced in dealing with parenting matters for same sex couples.
There are times when parenting matters and questions relating to the wellbeing of the children cross international borders. If that occurs, it is important to have an advisor who has experience in the nuances that are inherent to international parenting disputes.
The team at O’Neill Family Law have the experience and knowledge as to advise you on how those situations should be approached and guide you through that process.
A fundamental service that O’Neill Family Law offers is guidance and advice around how to go about the division of property in the event of a separation.
Generally, people who find themselves amidst a separation have questions as to how to deal with the following:-
Real estate such as places of residence and investment properties;
Furniture and Contents;
Bank Accounts and Cash Savings;
Collections such as Artwork or coins;
Contrary to some myths associated with property settlement, there is no set formula as to who should keep what however, it is accepted that a “just and equitable” result can only be reached after considering what there is to divide, what each party contributed and what each party needs moving forward.
Every day, the team at O’Neill Family Law guide people through what their property settlement entitlements are likely to be with a view to maximising that person’s entitlements according to the law as it stands.
Regrettably, some people do not comply with Orders of the Court and in those circumstances, the team at O’Neill Family Law can assist to navigate what is often a complex area of the Family Law Act. The experience the team at O’Neill Family Law has is relevant to both parenting and financial Orders alike and includes both Enforcement or Contravention Applications.