Frequently Asked Questions
Please contact us directly if you have any questions about your particular situation. Below you'll find common questions about family law and our associated services.
Not at all. A second opinion is yours to use however you choose. Some clients stay with their current lawyer and use the advice to refocus their strategy. If you decide you'd like us to take over, we can step in and get things moving quickly.
We offer fixed fee second opinion consultations of $770 including GST, so you know the price upfront. It's designed to be an accessible way to get clarity and confidence about your next steps.
Completely. Your second opinion consult is confidential and protected by legal privilege. We won't contact your current lawyer or anyone else without your permission.
We review your current lawyer's approach, listen to your concerns and give you an honest, strategic assessment of where you stand.
You'll leave with clarity on whether your current path is working, and if not, what needs to change to get things moving.
A second opinion is worth getting if you feel ignored, confused or drained by your current legal team. Common signals: your settlement is dragging on, costs are climbing with no clear end, or your lawyer is reacting rather than driving the strategy. A fresh perspective often unlocks a matter that's stalled.
We focus on what's relevant to your circumstances. That usually covers:
- Planning for separation
- Protecting assets
- Property settlement options
- Child-focused parenting
- Managing inheritance and business risks
- Handling contested or high-conflict separations
- Navigating divorce
You'll leave with a clear plan.
The FLP Approach:
- Begin with the end in mind;
- Plan and execute;
- Resolve your all legal issues privately and within a single day.
Your rights depend on your specific situation, including the length of your relationship, whether you have children and the financial picture.
In your first consultation, we will be able to provide you with high level advice so you can make informed decisions.
A helpful starting list includes a chronology of events, recent bank statements, mortgage documents, property valuations, superannuation statements, tax returns and details of any debts.
No. Many of our clients prefer to get advice first so they understand where they stand and can plan the separation.
Get informed before you act. Understanding your financial position, your legal rights and the likely outcome brings immediate clarity and puts you in a much stronger position for whatever comes next.
Every conversation with us is completely confidential.
It’s normal to feel cautious, especially given the reputation of the industry. Our commitment is to act in your best interests and to work from clear values. We aim to earn trust through transparency and doing what’s right by you and your family.
When a parent involves children in adult conflict, denigrates the other parent or behaves poorly in front of them, it will cause psychological harm to the children.
We’re experienced in dealing with unreasonable conduct and can help you take steps that keep children’s wellbeing front and centre.
We can guide you on protective steps and strategy if you’re concerned about dishonest or risky behaviour. There are also legal steps we can take if necessary including urgent injunctive relief.
The earlier you meet with us, the faster we can protect you.
That's exactly what your initial consultation is for. We'll walk you through the steps, likely timeframes and costs so there is no guesswork. You'll leave feeling informed, calm and in control of what happens next.
Yes. We are experts in correcting power imbalances and dealing with difficult, controlling or unreasonable behaviour.
Our calm, protective and strategic approach will ensure you achieve a fair result.
Both give you a legally binding outcome, but they work differently. Consent Orders are approved by the court and become court orders. A BFA is a private agreement that never involves the court.
If you don't have either in place, contested matters are usually resolved through:
- Negotiation
- Mediation
- Court proceedings that result in orders (as a last resort)
If a Binding Financial Agreement is breached, the affected party can seek remedies through the court, including enforcement of the agreement's terms or compensation for the loss caused by the breach.
Yes. 'Prenup' is a common name for a Binding Financial Agreement. You'll also hear terms like postnup, cohabitation agreement, or separation agreement, depending on when it's signed and whether you are married or de facto. They all fall under the same legal framework.
Yes. A financial agreement can look forward and set rules for how future property, income, inheritances and investments will be treated. This gives you certainty as your financial position evolves over time.
Yes. A carefully drafted agreement can quarantine your business from the divisible asset pool and set out exactly how it will be treated if the relationship ends. For business owners, this is one of the most important protections you can put in place.
No. Under the Family Law Act 1975, Binding Financial Agreements are limited to financial matters. Parenting arrangements have to be handled separately through agreement, a parenting plan, or consent orders.
No, and that's one of the major benefits. A prenup or postnup doesn't need court approval to be valid, which keeps the arrangement private and avoids the time, cost and stress of a court process.
Yes. If your circumstances have changed that may warrant an updated agreement, we can review your existing agreement, flag any enforceability risks, and help update it.
Any update requires both parties to obtain fresh independent legal advice.
If your agreement is under attack, your lawyer will work to defend it by showing that the process, disclosure and legal advice were all handled properly.
Where circumstances have genuinely changed, we can also help renegotiate or update the agreement so it continues to reflect your intentions.
Independent legal advice is required for a valid prenup/postnup. A specialist lawyer explains your rights and obligations, drafts, reviews, refines the agreement, and helps negotiate terms so the agreement is tailored, compliant, fair, and difficult to challenge.
We're Brisbane's Prenup and Postnup specialists with 25+ years of experience getting these right.
A prenup is worth considering if you've been married before, have children from a previous relationship, own significant assets such as a business, property, inheritance or family heirlooms, expect a future inheritance, or your finances are meaningfully different to your partner's.
It's not about expecting the worst, it's about avoiding another messy separation.
Costs vary depending on complexity, but we keep pricing transparent and provide a fixed fee quote after your initial consultation. No time-billing surprises.
Timeframes vary depending on complexity and how quickly both parties engage, but most prenups and postnups are drafted and signed within 30 to 60 days. Starting early gives everyone the time they need to review, negotiate, refine and sign without pressure.
Yes, in certain circumstances. Common grounds include duress, coercion, failure to disclose assets, unconscionable conduct, fraud, or a significant change relating to a child's wellbeing and other factors that affect legality.
A properly drafted agreement, prepared with the right process, is designed to hold up.
Yes. If both parties agree, a prenup or postnup can be varied or terminated. Any change follows the same rules as the original: both parties need independent legal advice and everything must be documented properly.
Yes. Independent legal advice for each party is a legal requirement.
It also ensures each person understands their rights and obligations under the agreement, providing further strength to the agreement.
Yes, when they meet the strict legal requirements set out in the Family Law Act. That's exactly why they need to be drafted properly. A well-prepared agreement is durable; a poorly drafted one is a risk. That is why you need to speak to us, the prenup experts.
These agreements can cover many financial topics, including how assets are divided, how debts are handled, what is considered separate vs joint property, and whether spousal maintenance is payable (including amounts or conditions).
They cannot determine future parenting arrangements and or future child support arrangements.
A prenup is signed before marriage, a postnup is signed after.
Both are Binding Financial Agreements and both set out how assets and finances will be handled if the relationship ends.
The legal requirements are the same.
Parenting arrangements are worked out with the children's best interests at the centre.
We help both parents design a practical, child-focused plan that supports stability, routine and wellbeing, then formalise it into a parenting plan or consent orders.
We work through the asset pool, contributions and future needs to build a clear picture of what a fair settlement looks like.
From there, we negotiate strategically to secure an outcome that protects your interests. Where possible, we finalise everything in a single day of mediation.
Very rarely. 99% of our clients resolve their matter privately without setting foot in a courtroom.
Court is a last resort we use only when it's genuinely required. If we think court is likely in your case, we'll tell you upfront.
We start by listening. We want to understand your situation, your concerns and what a good outcome looks like for you.
From there, we explain your options, answer your questions and set out a clear plan.
You'll leave your first meeting with clarity on your position and a realistic view of what comes next.
With the FLP Approach, most contested matters resolve within three to six months and 99% of our cases are resolved privately and in a single day.
Sometimes your matter has to go to court because your spouse is behaving badly, but the goal remains to resolve all matters without court interference.
Yes. Once a settlement is finalised and formalised properly, it becomes legally binding.
You can achieve the same legal protection as court-based outcomes, without the typical cost and delay.
De facto partners have similar rights to married couples under Australian family law. On separation, you may be entitled to a property settlement and, in some cases, spousal maintenance.
Whether your relationship qualifies as de facto depends on factors like the length of the relationship, financial arrangements and how you presented as a couple. If you're unsure where you stand, book an initial consultation and we will clarify your position and advise you of your rights.
We look at your full picture - finances, family, timing and risks - and give you a clear plan for how and when to act. That includes understanding your rights, the likely settlement outcome, and any practical steps to take before you separate to protect your position.
Our advice to you is confidential. Your partner will never know you've spoken with us.
Preparation before separation gives you clarity and a strategic advantage. A well-planned exit protects your finances, keeps your children's interests front and centre, and helps you avoid the common mistakes that lead to costly, drawn-out disputes later on.
Yes. A financial agreement can include spousal maintenance provisions, which is a common way to give both parties long-term financial certainty and reduce the risk of future disputes.
Financial agreements are particularly useful for people entering a second relationship, blended families with children from previous partnerships, and anyone with significant or complex assets such as a business, trust, inheritance or investment portfolio.
If you want certainty or to avoid another messy separation, a financial agreement is worth exploring.
A Binding Financial Agreement (BFA) is one of the strongest ways to protect your assets if a relationship ends. These are commonly known as prenups or postnups. They are entered into by parties during the relationship as a form of insurance.
They set out how assets, liabilities and superannuation will be divided in the event of separation, which helps:
- Reduce conflict during the relationship and if the parties separate in the future;
- Speed up resolution and lower legal costs;
- Control the outcome privately with your partner, not a court.
Both parties must have independent legal advice for a BFA to be binding.
Both are designed to provide financial support after separation. Child support is to cover the costs of raising children and is usually administered through Services Australia or a private agreement. Spousal support is for a spouse who is unable to meet their reasonable living expenses and can be ordered by the court or documented in a private agreement.
We can discuss these issues at our initial conference and advise how they may apply to your overall settlement.
We will be able to answer this question at the initial consultation when we consider strategy.
If both names are on the mortgage, then prima facie both people remain responsible for the repayments regardless of where a party lives.
Missed payments can affect your credit rating and, in some cases, trigger action from the bank.
However, we will be able to better advise you at our initial consultation which will include discussion of interim financial arrangements but also strategy and tactics.
Yes. Divorce and property settlement are separate processes.
Property settlement can be finalised immediately after separation, and we recommend parties move quickly to finalise their property settlement.
A divorce can't be applied for until you have been separated for 12 months.
Many of our clients finalise their property settlement first. If you divorce before finalising your property settlement, you have 12 months (time limit) from that date to finalise your property settlement or you must file court proceedings.
You'll need to be separated for at least 12 months before you can apply for a divorce.
Separation is about one party communicating that the relationship is over and both people acting consistently with that. You don't necessarily need to live in separate homes; it's possible to be separated under one roof.
No. Each matter is unique because everyone has a different story.
The division is determined by the parties' respective financial and non-financial contributions, the role they played in caring for the family, and their future needs.
There is a considered assessment, not a formula and not palm tree justice.
Our proven approach:
- Begin with the end in mind so you have a pathway;
- Plan and execute to progress your objectives;
- Resolve all issues privately and within a single day and avoid the court circus.
We approach it like a chess match not a cage fight.
Relocation is treated seriously because moving a child affects their relationship with the other parent and other important people in their life. If you want to move, the other parent generally needs to agree, or you'll need permission from the court. We will provide you with advice and strategy as to how best approach this issue to give you strong prospects of success.
We create arrangements that are child-focused, practical and sustainable.
They provide stability and routine for the children, protect and minimise future conflict with the other parent and are customised for your family—not a court-imposed template.
The law no longer uses the word 'custody'. Arrangements now focus on where children live and how time and decisions are shared. The guiding principle is always the best interests of the child. Each matter is different. We will be able to answer this question after our initial consultation where we will provide you with a bespoke plan to achieve your objectives and resolve your matter without court interference.
Yes, and our goal is to resolve your matter outside of court. We resolve 99% of matters privately and in a single day.
You want to determine your financial outcome and your parenting arrangements, not have those imposed upon you by the court.
If you're in immediate danger, remove yourself from the situation and call 000. If it's safe to do so, reach out to someone you trust, whether that's a friend, family member or counsellor, for support.
Family violence isn't only physical. It can include threatening, controlling, coercive or abusive behaviour that makes you fear for your safety. Many people also need safe accommodation as a first step, followed by police involvement and legal protection such as a protection order.
When you're ready, our team can talk through the legal options available to protect you and your children.
The FLP Approach:
- Begin with the end in mind;
- Plan and execute;
- Resolve your all legal issues privately and within a single day.
FLP works with people who value clarity, strategy and a private resolution. Most of our clients are professionals, business owners and individuals navigating complex or high-conflict separations who want a planned outcome, not a drawn-out court battle.
If you're looking for a legal team that begins with the end in mind and helps you get there calmly and strategically, you're likely a good fit.