Family Law

Home Services Family Law
+
clients helped by our lawyers
%
success rate at settling out of court
+
years of family law experience

Cairns Family 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. Ensure you seek expert legal advice, 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 separation and divorce. 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. This is why we offer payment plans and deferred payment options to ease the financial burden of resolving your family law matter.

With offices in Cairns and Townsville, no matter where you are in North Queensland, we’re here to protect your interests and entitlements.

Our Family Law Services

Our Family Law Team

Rose Davies - Special Counsel  - Preston Law

Rose Davies

Tim Dobinson - Partner - Preston Law

Tim Dobinson

Louise Robert - Senior Associate - Preston Law

Louise Robert

Rochelle Ryan - Special Counsel - Preston Law

Rochelle Ryan

Sheree Ellwood - Senior Associate - Preston Law

Sheree Ellwood

Desley Thomson - Paralegal - Preston Law

Desley Thomson

Jacinta Traves - Paralegal - Preston Law

Jacinta Traves

Make an Enquiry

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. Mediation is used 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 goes to court or is settled with mediation. Our expert family lawyers are always transparent with fees, so you know exactly where you stand.

We offer payment plans and fixed or deferred fees in some cases to help ease the stress of divorce and separation. 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 experienced family lawyers can advise you on your next steps and help you develop strategies to protect your interests.

Will I lose rights to the family home if I move out?

You have the same rights to the family home, belongings, and other property regardless of whether you leave the home due to separation.

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 issued 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 can help you understand your entitlements and obligations.

Do you provide Family Law services in Townsville?

Absolutely. Our Townsville office provides legal advice and services for all aspects of family law matters. Our family lawyers in Townsville will help you understand your entitlements and options. For an obligation-free, initial consultation, please contact our Townsville team on 07 4752 0200.

Customer Testimonials

Sheree and Preston Law provided smart, accessible, sensitive and first-rate service in every respect. Although it was obviously a difficult and sad occasion, I wouldn’t hesitate to recommend your firm heartily to others.
I wanted to say thank you for your help and advice during this difficult period.
Just wanted to pass on my appreciation of how Sheree handled this matter. From my 1st call in a complete panic from Wales she was very diligent and responsive throughout the process but more importantly was very factual, calm and companionate which really helped settle my nerves and help me through what has been a terrible year. She was very professional and rose above the tit for tat which we were receiving at some points through the process whilst also keeping the cost to a minimum.
Sheree and Preston Law provided smart, accessible, sensitive and first-rate service in every respect. Although it was obviously a difficult and sad occasion, I wouldn’t hesitate to recommend your firm heartily to others.

Looking for more useful information?

Visit Cairns Divorce Lawyers

Visit our Cairns Divorce Lawyers website for more information about all of our family law services, and helpful articles and resources.

Cairns Divorce Lawyers is a practice group of Preston Law.

Family Law Website Screenshot

Call Us Now For An Obligation Free Consultation

Townsville Lawyers