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Family Law

BRISBANE FAMILY LAW

Accredited Specialist Family Law Brisbane

Our Highly Acclaimed Brisbane Family Law, Mediation and Divorce Expert Ian Field is a highly experienced Accredited Specialist in Family Law

Brisbane Family Law is an area of the law dealing with domestic relations and family matters which include: civil unions, marriage, and domestic partnerships, property settlements, parenting arrangements, binding financial agreements, pre-nuptial agreements, surrogacy, and adoption, child abduction, and child abuse among others.

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CHILDREN & PARENTING ARRANGEMENTS

Children and Parenting Issues

Ensuring that the arrangements for Parenting your children after separation are in place is frequently one of the most important Family Law issues that need to be addressed. Often described as custody and access, or contact and residence, but now described by the Family Law Act as “lives with” and “spends time with” these are critical issues.

Whether arrangements are agreed and need to be formally recorded, or whether the arrangements are not agreed and need to be negotiated or the issues need to be taken to the Court, obtaining the right legal advice is vital.

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Aylward Game Solicitors provide sensitive and practical advice that is specific to your situation and those of your children.

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PRE-NUPTIAL AGREEMENTS

Prenuptial agreements and Binding Financial Agreements

Binding Financial Agreement (BFA), often known as a prenuptial agreement is becoming increasingly popular in Australia.

It is possible to sign these agreements for couples who are not legally married before, during and after the relationship, and before, during and after marriage.

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Aylward Game Solicitors offer you practical as well as sensitive legal advice to make sure that your rights are fully protected and the agreement complies fully with the law.

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PROPERTY SETTLEMENTS

Separation: Property and Financial Affairs

For both married and de facto couples, it is vital to make sure that when a relationship ends, issues to do with property settlement are properly handled.

Aylward Game Solicitors will offer you sensitive and practical advice that’s tailored to your particular requirements and circumstances to make sure property settlement is amicably handled if possible, or if necessary your case is put properly to the Court.

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SURROGACY

Altruistic Surrogacy Issues

In Queensland, altruistic surrogacy is possible. This is a specifically sensitive issue. When you require legal advice concerning surrogacy, you can call Ian Field.

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Ian Field has successfully represented parties in a number of applications to the Court for the granting of a Parentage Order, and he has provided the necessary advice and documentation as part of the entire surrogacy process.

FAMILY-LAW

SPOUSAL MAINTENANCE

Spousal maintenance after marriage ends

In some particular circumstances, spousal maintenance might be a possibility after the end of a marriage or de facto relationship. You can ask Ian Field for some detailed advice if this can be a consideration for you on 1800 217 217
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DIVORCE

Divorce Applications to the Court

When you need to get a divorce, a court application is required. For expert advice on when it’s possible an application for divorce and for help in making the application and making sure it’s promptly dealt with by the court, you can contact Ian Field. You can do the same immediately when you’ve obtained a divorce but haven’t finalised the property settlement.

Please note that once a divorce has been granted a strict time limit of 12 months applies for making an application to the Court for Property Settlement.
If you have obtained a divorce but you have not finalised Property Settlement contact Ian Field for an initial consultation without delay.

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DE FACTO MATTERS

De Facto Relationships also including same-sex couples

The Family Law Act 1975 handles matters of property and parenting issues for both married and de facto couples in Australia.

It also applies to same-sex relationships (including the LGBT Community) and heterosexual couples. You may call Ian Field when you require sensitive and practical advice concerning the varied and complex issues which might emerge after the relationship breaks down.

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MEDIATION

Mediation and Negotiation

There are different ways that family law issues arising from the breakdown of a relationship may be handled.

They include the couple’s direct negotiation, application to the court, negotiation between both parties’ lawyers, and collaborative law or other Alternative Dispute Resolutions.

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Mediation is often used and can prove to be quite effective. Ian Field offers vast experience in helping clients through the mediation process.

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DOMESTIC VIOLENCE

Domestic Violence and DVO’s

Domestic violence issues sometimes emerge in the context of Family Law issues. Whether you’re the victim or are alleged to have perpetrated this, it’s critical that you get the right legal advice.

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You may rely on Aylward Game Solicitors who have the experience as well as a sensitive approach to make sure you receive the advice you require.

GRANDPARENT CASES

Grandparents in Parenting Cases

The grandparents have a right to apply for Court Orders relating to the parenting of the grandchildren where the parents of such children are unsuitable for medical or other reasons to care for them.

The Courts can make orders for the grandparents to take on the parenting role of the children in such circumstances, or the Court can make Orders that regulate the role of a grandparent in a child’s life, such as providing for a child to spend time with a grandparent.

If it is ordered by a Court then normally the time spent by the grandparents with their grandchildren would be a time that is not inconvenient to the children and to the children’s parents. The Courts would also look at the disruption to any of the activities of the children including sporting, educational and extra-curricular activities to determine if the time spent with the grandparents is feasible.

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The wishes of the children, especially the wishes of teenage children, will be taken into account.
Other significant family members do not have the same rights as grandparents in seeking time with their nieces, nephews, and other children of the family. If other significant family members or even sometimes family friends have had a large involvement in the upbringing of the children and if the parents, grandparents, or other family members are not suitable to parent the children then those family members or friends may apply to the Court for Orders relating to the parenting of the children.

Again the welfare of the children is paramount.


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