Family and Relationship Law is a highly technical field of law that is constantly changing. That’s why the James Noble team is comprised of specialists who all focus on and possess extensive experience in all aspects of Relationship and Family Law. They strive to keep abreast of all developments in Family Law, de-facto legislation and child support through continual professional development.

It makes sense to consult an Accredited Family Law Specialist to fully understand your rights and clarify the best way to resolve disputes so you can avoid as much as possible the trauma and financial costs that come with Family Law disputes and quickly move on with your life.

Here at James Noble Family Law we specialise in:

Cohabitation agreements

We can help couples who are living together, but who are not married, create a legally enforceable cohabitation agreement that arranges how property and other financial matters will be dealt with in the event that they decide to separate at some point in the future. A cohabitation agreement can be used by anyone, but they do not cover children.

Financial agreements

We can help couples draft a financial agreement about the division of property before, during or at the end of a marriage. Court approval is not required, but both people must sign it and it must state that each person received independent legal advice. Like cohabitation agreements, financial agreements provide certainty and avoid the high emotional and financial costs of litigation should you and your spouse separate.

Separation

Separation is when you and your partner stop living together in a marriage-like relationship. Your partner does not have to agree, but he or she needs to know you think the relationship is over. One person may move out of the home, or you can both stay but live separate lives. If you do move out, there can be legal consequences with property and access to children. This makes it crucial to seek expert legal advice immediately.

Divorce

The only requirement for a divorce is 'irretrievable breakdown' of the marriage. This is proved by a 12-month separation with no likelihood of reconciliation. The court does not examine whose fault it was that the marriage broke down. Nor will the divorce sort out issues relating to children or property. You need to make those arrangements separately. However, you must show you have made arrangements for the welfare of any children.

Child support

Parents are responsible for the financial support of their children. That responsibility is not changed by separation, divorce or remarriage, or where the children live or the amount of time they spend with a parent. We can help you reach agreement on child support arrangements through mediation or collaborative law. If all else fails, you need to apply to the Child Support Agency or the Federal Magistrates Court.

Shared care and Co-parenting arrangements

Under law, both parents have responsibility for decisions about the care, welfare and development of their children. If you both agree on the details, whether through mediation or collaborative law, you can file an application for consent order. If you disagree, you can apply to the courts for parenting orders. However, it is important to note that Family Law directs the courts to make its decisions in the best interests of the children, not necessarily the parents.

Spousal maintenance

Spousal maintenance is a responsibility you or your ex-partner might have to financially support the other person after separation or divorce. In Queensland, de facto partners have no right to maintenance if they separated before March 1 2009. However, your future needs can be considered when property is divided. In most cases, the law says you should try to resolve disputes outside of court. We can assist with mediation services. If you cannot agree, you can apply to the court for a financial order.

De facto legislation

Amendments to the Family Law Act now offer a uniform system for de facto relationships. These amendments allow de facto couples (regardless of orientation) to deal with property settlement claims in the same courts as married couples. De facto couples can make maintenance claims and have property divided — including superannuation entitlements. A person making a claim under the new amendments must show they meet the criteria for a de facto relationship.

Property settlements

Instead of going to court, a property settlement can help you amicably agree to the division of property between you and your ex-partner. Our mediation service can help you agree on a fair distribution. However, property orders are very difficult to change, so legal advice is advisable. If you cannot agree, you may need to apply to court.

Mediation

Mediation is a style of dispute resolution where an independent person helps you and your ex-partner to sort out any disagreements. This can be for division of property, child support or spousal maintenance. Mediators do not give legal advice, and will try to help you to reach an agreement that is fair to each of you. James Noble Family Law offers a mediation service.

Collaborative law

Collaborative Law is a new low-conflict, lower-cost approach to family and relationship law in Australia. It allows couples to take legal advice and representation, while still trying to resolve issues respectfully, so they can maintain good relationships into the future. James Noble is trained in the practise of Collaborative Law.

Wills

A will directs the distribution of your property after you die. Dying without one (intestate) means there is no guarantee your assets will be distributed as you would prefer, and can cause lengthy court battles. We can help you review your Will in the event of marriage, divorce or separation or entering a de facto relationship. Your Will is revoked if you marry, unless it was drafted in expectation of the marriage. Divorce does not revoke a Will but it cancels any provision in favour of your former spouse.

Power of attorney

There are two types of power of attorney. A general power of attorney is given to someone to make financial decisions on your behalf when you are absent. An enduring power of attorney exists in case something (usually illness or accident) makes you unable to make your own decisions. The decisions that your attorney makes for you have the same legal force as if you had made them yourself.

Notary public

A notary public is an officer of the law, responsible for certifying and attesting documents intended for use anywhere in the world. As a Notary Public, James Noble has statutory powers to witness documents such as Wills and Powers of Attorney, administer oaths, and perform other wide-ranging administrative functions of a national and international nature.