Cairns Family and Divorce Lawyers
Preston Law has Cairns' largest family law team providing expert advice and solid support in all family law matters.
No matter what stage you are at in your divorce or separation, our Cairns family lawyers can help you understand your legal rights, so you know your entitlements and obligations.
Our experienced family lawyers will work with you to achieve the best possible outcome and reduce the stress of your divorce or separation. As family law experts, we help you navigate through child custody and child support arrangements to ensure the best outcome for you and your children is reached.
We also aim to minimise your emotional and financial stress, which is why we offer payment plans and deferred payment options to ease the financial burden of resolving your family law matter.
Our Family Law Services
Family Law Expertise
An established family law firm since 1991, Preston Law is dedicated to ensuring your rights are properly protected. Whether you are considering divorce or separation, seeking assistance with organising child support arrangements, or require legal representation in family law courts, we pride ourselves on providing affordable law services by local, experienced family law experts.
Call us now for a free family law consultation.
Results for family law clients
Our family and divorce lawyers have resolved family law issues of all kinds for clients Everything from large property settlements to complex child custody and relocation issues, including:
- Multi-million-dollar property settlements. Several of these were settled in our client’s favour before the trial date, saving them the added stress, expense and delay of court proceedings;
- An international child relocation matter, where the Family Court sanctioned the child to live with our client outside Australia;
- A de facto property settlement that was complicated by the fact that we had to first prove a de facto relationship existed;
- Drafting Binding Financial Agreements for clients with large asset pools to protect children from previous relationships;
- Resolving the majority of our clients’ property and parenting matters by negotiation without resorting to Court proceedings;
- A child custody matter, where we acted for the grandparents to remove the children from parents who both had drug and mental health issues;
- Complex property settlements where we successfully litigated and received favourable Court Orders for our client. The settlements involved multiple family trusts, and companies, Self-Managed Super funds and several real estate properties;
- Parenting matters where one parent has obtained final Family Court Orders for sole parental responsibility and the children to live with them;
- Assisted indigenous foster parents in the Children’s Court with proceedings that concerned their foster child;
- Successfully acted for applicants in respect to obtaining Interim and final Protection Orders;
- Successfully defended respondents so that Protection Order Applications against them were withdrawn or made for minimal periods of time.
Our Family Law Team
Frequently Asked Questions
If I use a lawyer, will I have to go to court?
It is a common misconception that having a lawyer will lead you to appearing in court. It is possible to get a divorce out of court. A family lawyer will be able to support you and your former spouse through mediation, to settle any disputed issues and come to an agreement that ensures your rights and entitlements are maintained.
How much does a family lawyer cost?
Each case is different, so costs vary considerably. It is important to discuss your individual circumstances with a family lawyer so you can be given an estimate. The cost will depend on several factors, including the case, the level of complexity and whether it will go to court or can be settled with mediation. Our expert family lawyers are always transparent with fees, so you know exactly where you stand.
We know that divorce and separation can be stressful, which is why we offer payment plans as well as fixed and deferred fee options in some circumstances. Contact one of our expert Cairns Family Lawyers to find out if you are eligible.
What time limits apply?
Time limits can vary depending on which aspect of family law we are dealing with. For example, in Australia you must have been separated for at least 12 months before you can submit an application for divorce. Property settlements and spousal maintenance should commence within 12 months of finalising the divorce. Matters concerning children such as parenting plans and orders, can be made at any time however, adjusting parenting orders requires a significant change in circumstances.
Whatever your scenario, speaking to an expert family lawyer will ensure you know your rights, obligations, and entitlements.
I’ve received a court document from my ex, what should I do?
If you receive court documents, you should seek family law advice immediately as it is possible that you will need to file documents in response. The deadline for this will depend on whether the proceedings have been filed with the Family Court of Australia. Our team of experienced family lawyers can advise you on the next steps and work through options and strategies with you to ensure your best interests are maintained.
Will I lose rights to the family home if I move out?
If you have to leave the family home due to separation, this does not affect your right to the house, belongings or any other property or liabilities of the relationship.
It is important to seek legal advice as soon as possible to ensure you understand any implications to moving out of the family home.
What is a Consent Order?
A Consent Order is issues by a Court and is used to formally document parenting arrangements, spousal maintenance, and property settlements. If one party breaks the terms within the Consent Order, the Court can issue warnings, fines and other legal consequences. Whereas with informal agreements, there are no legal consequences should one of the parties breach the agreement.
Is a Family Dispute Resolution legally binding?
A Family Dispute Resolution (FDR) is achieved through mediation, where issues are resolved, and agreements are documented as a formal parenting plan. Whilst agreements reached through FDR are not automatically legally binding, they can be converted into Court Orders. If the documentation is signed by all parties, this will be considered by the Court when considering any orders.
We recommend making an appointment to speak to an expert lawyer who will help guide you through the different options available, so you understand what your entitlements and obligations are.