FAMILY MEDIATION and family dispute resolution

FAMILY MEDIATION

What is Family Mediation?

Family Mediation is a voluntary process. It can also be ordered by the Family Court when proceedings have been initiated in that Court. The parties can be represented by their legal advisers in this process.

What is the mediator's role?

The mediator’s role is to assist communication between the parties so that there can be open discussions to enable negotiations and hopefully a settlement reached.

>> Learn more about Family Mediation

Child Support Agreement

CHILD SUPPORT

Binding Child Support Agreement, Assessment & Laws

Child support is governed by the legislative instruments of the Child Support (Registration and Collection) Act 1988 and the Child Support (Assessment) Act 1989.

Separating from a partner or spouse either through a divorce or the end of a de facto relationship is often the most difficult and emotional process a person can go through. This is especially true when young children are involved.

The Commonwealth Child Support Laws are designed to ensure the interests and wellbeing of children are satisfied, by balancing the parenting arrangements of the parties and the capacity of each party to support the child. As many situations are unique, determining the appropriate option for your situation often requires legal expertise and advice.

Learn More About Child Support Agreement:

1. How child support is paid?

2. When does Child support fail?

3. Child Support, What Is It Really Used For?

4. What child support agreement includes?

surrogacy laws QLD Australia

SURROGACY LAWS AUSTRALIA

How Brisbane Surrogacy Lawyers Can Assist with Surrogacy Laws?

A surrogacy arrangement is an arrangement between a woman (‘the birth mother’) and another person(s) (‘intended parent(s)') whereby the woman agrees to become pregnant with the intention that the child born is to be treated as the child of the other person(s).

This means that the birth mother will relinquish to the intended parent(s) custody and guardianship of the child after the child is born, and the intended parent(s) agree to become permanently responsible for the custody and guardianship of that child.

What are the commercial surrogacy arrangement laws in Australia?

Learn more about Surrogacy Laws in Australia.

De Facto Relationship Australia

DE FACTO RELATIONSHIP

De Facto Relationship in Australia

The De Facto Relationship in Australia Financial Matters and Other Measures Act came into effect on 1 March 2009.

Prior to that, the rights of de facto relationships in Australian parties were governed by State legislation. The introduction of the new legislation to the Family Court, which is federal legislation, gave extra powers to the powers that de facto couples had under the State legislation.

To bring an application in the Family Court, either party must be an Australian citizen, ordinarily resident in Australia, or present in Australia on the day the application is filed. If the parties do not fall within these definitions, then the Family Court does not have jurisdiction to hear the matter.

Learn more about De Facto Relationship Australia. You may also like to know more about:

1. What are the court's considerations?

2. What are the guidelines set out in the legislation?

Separation and Divorce

SEPARATION AND DIVORCE

All about Separation and Divorce - Considerations, Procedures, legality

Separation and divorce can be very difficult and onerous times in both parties’ lives. Typically, the breakdown of a partnership or “separation” occurs when the relationship has been brought to an end by the action or conduct of one or both parties.

Learn more about Separation and Divorce...

You May like to know about:
1. What are the Family law Court considerations during separation?

2. What's the procedure required to withdraw the divorce application?

3. What happens if anyone fraudulently entered into a legal marriage?

4. What If I were married overseas, can I apply for a divorce in Australia?

Grandparents extended family

GRANDPARENTS EXTENDED FAMILY

All you need to know about Grandparents Extended Family

What is an extended family in Australia?

An Extended family is a type of familial relationship that is larger than the nuclear family. This type of familial relationship is typically made up of grandparents, aunts, uncles, and cousins. They usually live in the same house as one another and share a strong bond of love and affection with one another.

Learn more about Extended Family ...

You May like to know about:

1. Who are Extended Families in Australia?
2. Extended family law act grandparent's rights.
3. Why Extended Families Exist?
4. Who are the Extended Family Members in Australia?
5. What are the benefits of an extended family in Australia?
6. What are the advantages and disadvantages of an extended family?
7. What are the negative effects of extended family?

Divorce Property Settlements

DIVORCE PROPERTY SETTLEMENTS

All about Divorce Property Settlements, De facto Property Settlements, and Same-Sex Couple Property Settlement In Australia

What is Property Settlement?

Divorce Property Settlements issues like Financial issues arising from the breakdown in a relationship can be resolved at any time following the date of separation.  In family law, this is known as a “property settlement”.

Learn more about Divorce Property Settlements...

You May like to know about:

1. What is required to obtain a divorce in Australia?
2. What is Relationship Property Settlement?
3. What are the Court Orders For Divorce Property Settlements?
4. How to determine the Party's Eligibility for pension?
5. What is The Global Approach to the Property division of matrimonial assets?
6. What is the valuation of a property to determine its value in a financial division?

spousal maintenance lawyers

SPOUSAL MAINTENANCE

What is Spousal Maintenance?

Spousal maintenance is often confused or likened to Child Support, however, these concepts are unique and very different from the other. Spousal maintenance, unlike Child Support, relates only to the support of your former partner.

Learn more about Spousal Maintenance.

You may also like to more about:
1. Can a party apply for spousal maintenance in the Court seeking financial support?

2. Do Spouses have any duty on financial support in Australia?

3. What are the Spousal maintenance rights upon separation or divorce?

4. What are the Factors not considered in Spousal Maintenance?

5. What factors need to be considered by the court in dividing property?

6. What is Family Dispute Resolution?

7. What is the duty of disclosure in family law matters?

short form arbitration

SHORT FORM ARBITRATION

What is Short Form Arbitration?

Short Form Arbitration or in other words engaging a very experienced Accredited Specialist Family Lawyer to make a determination for both parties to separate as to what they are entitled to following the breakdown of their relationship in the form of a written opinion.

Learn more about Short Form Arbitration ...

You May like to know about:

1. How to Avoid court altogether?
2. Best Short Form Arbitration Lawyer in Brisbane.
3. What Happens When the lawyer engaged makes a decision?  Is it binding on the parties?

SAME SEX COUPLES

SAME SEX COUPLES

In the past, a same-sex couple’s relationship was not recognised in the eyes of Australian Family Law. They have traditionally faced discrimination in this regard which significantly affected their financial and parental rights, and the ability to enforce those rights at law. These views are now changing and although same-sex marriage is not yet recognised, changes to the commonwealth and states laws now give couples the same rights as married and defacto couples. In fact, the Family Law Act treats same-sex couples exactly the same as de facto couples.  So same-sex couple’s relationships are now viewed as normal every day de facto relationships, as they should be. Now, in the event that you separate from your same-sex partner, you may be entitled to a share of your former partner’s property, superannuation or to ask the court for child support. You can also seek the same responsibility as a parent should you have used surrogacy methods or adoption to have children. You can also obtain an order against domestic violence if you need one.  Domestic Violence is high on the Queensland State Government’s hit list at the current time. People who have experienced Domestic Violence of any kind in a same-sex relationship are protected like all other domestic relationships. At James...
 Collaborative Law

COLLABORATIVE LAW

Collaborative Law in Australia

Since its emergence in 1990, the collaborative practice has been a rapidly growing family law practice throughout America, Canada, Europe, England, and now Australia.

On 1 January 1990 Stuart Webb, a Family Lawyer in Minneapolis in the United States decided that he would henceforth represent his clients only pursuant to a binding agreement that neither he nor the lawyers for the other party would ever go to Court for their clients.

Learn more about Collaborative Law...

You May like to know about:

1. What is Collaborative Practice in family law QLD?
2. Relationship, Marriage Breakdown.
3. What is Collaborative Practice? Agreement and Processes?
4. Collaborative Practice.
5. What Collaborative Professionals are trained for?
6. International Academy of Collaborative Professionals (IACP).
7. Which Training is required for collaborative professionals?

domestic violence qld act

DOMESTIC VIOLENCE

Domestic violence qld act | Who can apply? Brisbane Family Law

Domestic violence QLD act and family violence are well explained in the various state and federal legislation.  The relevant Courts that deal with protecting individuals and families subject to domestic violence are the state Magistrate Courts at first instance.

Learn more about the Domestic violence QLD act...

You May like to know about:
1. How prevalent is the domestic violence QLD act?
2. Why is domestic violence act an issue in Australia?
3. What are the various forms of Domestic Violence?
4. What are the abnormal behaviors children may show when they are affected?
5. Who can apply to the court for domestic violence?
6. What are the police powers in relation to this?
7. Can I make my own domestic violence application?

 

Consent Orders

CONSENT ORDERS

What are Consent Orders? Brisbane Family Law

Consent Orders are Legally Binding Agreements, signed by both parties, and describe what happens to your child and property after your separation is known as Consent Orders.

Learn more about Consent Orders...

You May like to know about:
1. How can I obtain Consent Orders?
2. Apply for Consent Orders without the necessity of going to Court.
3. What are the advantages of a Consent Order?
4. What are the disadvantages of a Consent Order?
5. What are the consequences if I breach a Consent Order?
6. Why Should you obtain legal advice on Consent Orders?

child custody

CHILD CUSTODY

Key Areas of Child Custody Explained by the Child Custody Lawyers in Brisbane

These core areas are known as the “major long-term issues”. While the definition of “major issues” is not meant to be exhaustive, the five most common areas relate to the child’s:

  • Education (both currently and future needs);
  • Religious and cultural upbringing (this is particularly a sensitive issue when parents are either of different denominations or ethnic cultures);
  • Health (which includes decisions such as whether to vaccinate, immunize or conduct other medical procedures);
  • Name; and
  • Living arrangements that would significantly impose difficulty for one parent to spend time with the child (where one parent wishes to move interstate, or even further domestically).

Learn more about Child Custody...

You May like to know about:

1. Can one parent move their children overseas against the other parent’s wishes?
2. What can we do for you across the range of parenting matters?
3. What is the primary consideration of child's interests accounted by court?
4. Can one parent move their children overseas against the other parent’s wishes?
5. Where the children should live in the event of a partnership separation?

Arbitration Act Australia

ARBITRATION

What is Arbitration Act Australia? - Find Brisbane Arbitration Lawyers

Arbitration Act Australia is a Viable Alternative to Litigation. The process that is used to submit a dispute by a party and the agreement to one or more arbitrators those who make a binding decision on the dispute. In the case of arbitration law or family law arbitration, the parties choose the process of settling personal disputes without going to court.

I was in Court recently on the first Mention date of an application by the husband seeking Orders for the division of the net matrimonial assets of his relationship with my client.

Learn more about Arbitration Act Australia...

You May like to know about:

1. How much does Arbitration typically cost?
2. What are Arbitration Procedures in Aid and Practice in Australia?
3. What's the Quickguide - Expert Determination in Australia?
4. Features of Arbitration Act Australia?

Wills and Estate Planning

WILLS & ESTATE PLANNING

Wills and Estates Planning lawyers in Brisbane

The lawyers at James Noble Law have been drafting and advising regarding succession, Wills and Estate Planning law for over 30 years.  We can help you with all of your wills and estate planning needs.  Our professional financial and accounting partners can help you plan for your future and for your families.

Need assistance planning your Will? We have the legal and financial expertise to get you the fairest possible outcome. Remove hassle and risk with James Noble Law.

Once you have secured a financial base it is critical to ensure you are protected for now and the years to come. This can only be obtained under the guidance and assurance of a quality will.

Learn more about Wills and Estates Planning...

Prenuptial Agreement Brisbane

PRENUPTIAL AGREEMENT BRISBANE, AUSTRALIA (BFA)

Understanding Prenuptial Agreement Brisbane / Binding Financial Agreements “BFA”

Prenuptial Agreement Brisbane (otherwise known as Binding Financial AgreementsBFA”’s) can be drawn up prior to, during or after a relationship/marriage. BFA’s set out how all or any assets or liabilities will be divided in the event of a breakdown of your relationship.

Learn more about the Prenuptial Agreement...

You May like to know about:

1. Some helpful advice if you are considering entering into Binding Financial Agreements.
2. WHAT ARE THE ADVANTAGES OF ENTERING INTO A PRE-NUPTIAL, POST-NUP, OR BINDING FINANCIAL AGREEMENT?
3. What are the disadvantages of having a Binding Financial Agreement?
4. What are the terms for Child Support and Child Maintenance in a Binding financial agreement?
5. Prenuptial Agreement Australia and Financial Agreement before, during, and after a relationship breakdown.

town agency services Brisbane family law

TOWN AGENCY SERVICES

Town Agency Lawyers - Family Law Town Agent

All of our lawyers are admitted to practice in the State and Federal Courts, from the magistrate's courts Queensland through to the Supreme and even High Court of Australia. James Noble Law can take on Brisbane family law matters as agents and offer an advanced process toward achieving a positive resolution for all clients. Get in touch to see how we can help with your Brisbane town agency matter.

Learn more about Town Agency Lawyers and Services...

You May like to know about:

1. What is the Business Approach To Town Agency Services?
2. What is the Brisbane Town Agency Fees Per Day at James Noble Law?

Brisbane Family Lawyers – We do Handle Your Family Matters With Care.

Brisbane Family Lawyers: James Noble Law will look for alternate resolutions to resolve family disputes to ease the emotional issues and to minimize financial costs. We will examine alternative dispute resolutions that may provide a more suitable resolution including negotiation, collaboration and mediation.

All of our solicitors are admitted to practice in the Family Court of Australia, Federal Circuit Court of Australia and Supreme Court of Queensland. Our professional staff regularly conduct family and de-facto law matters in these jurisdictions and are experienced litigators.

CALL 1800 662 535 TO ARRANGE AN APPOINTMENT WITH ONE OF OUR BRISBANE FAMILY LAWYERS AT JAMES NOBLE LAW: THE FAMILY LAW EXPERTS IN FAMILY RESOLUTION

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About James Noble Law

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TIMELY RESOLUTION

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ALL FAMILY LAW MATTERS FROM THE HIGHLY COMPLEX TO LESS COMPLEX RELATIONSHIP ISSUES

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HIGHLY EXPERIENCED BRISBANE FAMILY LAWYERS

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OVER 50 YEARS IN BRISBANE FAMILY LAW

HIGHLY SKILLED AND EXPERIENCED BRISBANE DIVORCE SOLICITORS

James Noble Law will look for alternate resolutions to resolve family disputes to ease the emotional issues and to minimise financial costs.  We will examine alternative dispute resolutions that may provide a more suitable resolution including negotiation, collaboration and mediation.

All of our solicitors are admitted to practice in the Family Court of Australia, Federal Circuit Court of Australia and Supreme Court of Queensland.  Our professional staff regularly conduct family and de-facto law matters in these jurisdictions and are experienced litigators.

CALL 1800 662 535 TO ARRANGE AN APPOINTMENT WITH ONE OF OUR BRISBANE FAMILY LAWYERS AT JAMES NOBLE LAW BRISBANE: THE FAMILY LAW EXPERTS IN FAMILY RESOLUTION

James Noble is a Queensland Law Society Accredited Family Law Specialist with more than 40 years experience as a solicitor practising in family law. He is a member of the Family Law Practitioners’ Association, the Queensland Law Society, the Family Law Council of Australia and the Family Law section of the Law Council of Australia. James is also a Notary Public. James has also been instrumental in developing Collaborative Practice in Brisbane. He is a member of Queensland Collaborative Law whose members are at the forefront of developing this new approach in Family Law Brisbane.

BRISBANE FAMILY LAW

James was a partner in a national law firm before starting James Noble Family Law Brisbane in 2003. His passion is to provide specialist family and relationship law and advice that emphasizes amicable and timely resolution of relationship difficulties through negotiation and mediation. James Noble Law Brisbane is highly experienced in the practice of mediation.

About  James Noble Law

LEGAL KNOWLEDGE. HUMAN WISDOM.

BRISBANE’S BEST FAMILY LAW FIRM

JAMES NOBLE

James Noble is an Accredited Family Law Specialist with more than 40 years experience as a solicitor practicing in family law. He is a member of the Family Law Practitioner’s Association, The Queensland Law Society, The Family Law Council of Australia, Queensland Collaborative Law and the Family Law section of the Law Council of Australia, James is a Notary Public.

JAMES NOBLE

Accredited Specialist Family Lawyer

CHARLES NOBLE

Charles Noble is a qualified and experienced Brisbane lawyer with a focus on family law.  He knows that in many family law and other matters, emotional and personal aspects of your lives are something you may wish to keep private.  He understands this and prides himself as of the most discrete Family Lawyers Brisbane has to offer.

CHARLES NOBLE

Director Principal - Family Lawyer

FAMILY LAW NEWS

Keep up to date and receive clarity on a range of news related articles on the James Noble Law blog.

Recovery orders
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Guide to Accessing Court Transcripts in Queensland Court transcripts are an integral element of the legal system and obtaining a copy of a transcript for…

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How To Respond To A Legal Letter Like A Lawyer

How Do You Respond To A Legal Letter? If you have ever had a person serve you Court documents at your home or in public…

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What are family report writer interview questions, Examples, Recommendations, and Interview What is Family Report? Before talking about family report writer interview questions, let’s talk…

binding financial agreement
30 Jan
James Noble
15964 Views
Binding Financial Agreement & Provisions of Family Law Act

While binding financial agreement, Parties may wish to determine the ownership of their assets and liabilities whilst contemplating or living in a relationship (including same-sex…

Why Choose Us

Our Resolute Promise

James Noble Law are committed to performing class leading legal services for a wide range of clients and offer the combined experience of over 50 years in the family law court circuit.

Transparent Law Services
Transparent Law Services

Our ethos of clarity, transparency and 24/7 availability means client satisfaction and quality of work performed are our highest priorities. Let us take care of your matter and help lift the weight of what can be some of the most difficult times of your life. We’re Lawyers. Just Different.

Reasonable Cost Lawyers
Reasonable Cost Lawyers

Our promise regarding your costs.  We know that visiting lawyers can be expensive we make it our mission to keep your costs down.  We’re a reasonable cost lawyer. We do not charge above our professional fees for things such as sending emails or making a phone call or sending and receiving emails.  Many law firms do because, by law, they can.  We do not. Because we can.

Legal Case Management
Legal Case Management

At James Noble Law we are employing the latest technology and offer online chat, video and document sharing with a secure portal for use by our clients.  If you don’t have to visit us in person and can deal with your documents yourself it saves both you and your lawyers time; and ultimately your money as costs. Brisbane Family Law done right.

24/7 Family Law Support
24/7 Family Law Support

We are available 24 hours a day seven days a week to take your enquiry.  We want you to feel that if you need to speak to your lawyer, you can.  Our phone and contact systems are designed so that someone at our firm is always notified of your contact whether it be by phone, email or via our soon to be released, client portal. Book an appointment for free today.

Samuel

Property Law Client
Charles from James Noble Law is a pleasure to work with and is always really understanding and empathetic to all scenario's and challenges we are faced with. Would highly recommend.

Lucas

property settlement Client
Thanks for helping me finalise my property settlement documents properly. I am very happy with the result.

Cameron Miller

Family Law Client
Wow, great service. Very friendly and professional. The best Brisbane Family Lawyer going around. I will recommend you too anyone needing your service. Thanks!

Aidan McGuigan

Mediation Client
Highly professional and experienced. Supportive, reassuring and understanding. Outstanding service with the client's best outcomes as their top priority. I recommend this law firm to anyone who needs assistance in family matters.

Sarah

Customer
Your firm (in particular Charles) was responsive, sensitive and supportive throughout my journey. Charles was knowledgeable, trustworthy and really knows his stuff! He went above and beyond to be there when I needed him, sometimes at very short notice; no matter how silly the question or how many times I...

James Noble Law

Level 10/95 N Quay, Brisbane City QLD 4000, Australia

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