Queensland Family Law Practice

Managing Complex Family Law Cases

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The breakdown of a marriage can be overwhelming. It can be hard to think about how to move forward. This is especially so if your family law matter is complex.  If you have a complex family law matter, you should consult a family law solicitor as quickly as possible, because particular considerations apply to cases before the court that involve difficult asset or child custody arrangements. These are best managed by an experienced family law lawyer.

Managing Complex Family Law Cases

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What makes a case complex?

Family law matters that have extenuating circumstances, and do not fit the general criteria for settlement, will generally be considered complex. Unfortunately, family law is not a one-size-fits-all, and cases that may appear routine can become complex due to the behaviour of one or both parties. This means that combative behaviour by either party can cause the complexity of the matter to escalate.

While the conduct of both parties can have an effect, there are other factors, such as a complicated asset pool, or custody matters involving the relocation of children, that can also escalate complexity.

If you answer yes to any of the following questions, your case may be considered complex, and it would be in your best interests to seek advice from a very experienced family law lawyer as quickly as you can.

  • Your property pool is over $10 Million in assets?

  • Is there a business, company or trust in the asset pool?

  • Is there a self-managed super fund?

  • Are there multiple properties (commercial or residential)?

  • Are very young children or the relocation of children involved?

  • Is domestic violence involved who may be aggressive, or suffer from mental health issues?

Complex Family Law Cases

What is an asset pool?

The asset pool includes all property and assets within the marriage, including but not limited to, cars, real estate, businesses, companies, trusts and superannuation. Complex cases generally have a large pool with multiple assets. A family court settlement will usually involve the settling or transfer of assets and liabilities. Consideration must be given to the financial impact on the parties, including capital gains tax, of such settlements.
If the value of assets is in dispute, or it appears that one party is attempting to reduce the value of the assets within the pool, a forensic accountant may be engaged to track missing assets and income.

Consent orders for children

As a general rule, the relocation of the children will usually be regarded as complex, due to the fact that both parents will have opposing positions and may be unable to come to an agreement. The Family Court looks at a variety of factors to evaluate the best solution for the custody of children. A psychologist report may be required to assess the mental health of one or both parents, along with their capacity to properly care for their children.

Consent orders for children

What to do next

A complex family law matter may involve experts such as forensic accountants, psychologists and/ or psychiatrists, tax professionals, valuers, financial planners, and any other expert advisors the court deems necessary to bring the matter to an equitable conclusion.

If you think you may have a complex family law case, it is important to get expert advice as soon as you can. When you first meet with your lawyer, be sure to ask how much experience they have with complex family law, and what strategies should be undertaken to ensure the best outcome for you.

Queensland Family Law Practice is well placed to help with your complex family law matter. We offer a team of senior family law lawyers, under the direction of our director, Tracey McMillan, who has over 20 years of experience in all areas family law.

If you feel overwhelmed, please don’t! Take advantage of our free ten-minute consultation with an experienced lawyer today.

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Our Lawyers

Please feel free to read about our people who will help you throughout the application for divorce and manage your family law matter. Our team will try to give you a little insight into what is important to them so that you can best select the family lawyer team that is right for you.

Clients’ Reviews
Lee-Anne Pringle
Lee-Anne Pringle
26/07/2023
Amazing Service & Information - I am a Disability Advocate and I was ringing for a distressed client who had had a family member pass away. The lady on the phone was pleasant, professional and tended to my inquiry straight away. Would not hesitate to use this service again.
richard hocking
richard hocking
07/06/2023
Understanding and supportive.
Matt Hutton
Matt Hutton
15/05/2023
Thanks to Tracy, Rachael and the team for working with me to give me a better than expected outcome financially and essentially Tracy for keeping me on track during a tough mediation. Still some work to do but you guys have been so professional and helpful throughout this messy process.
Michelle Steer
Michelle Steer
10/05/2023
The half hour webinar was extremely useful and easy to understand. In a difficult time, you don't want "legal speak" and this was definitely not that, highly recommend for anybody who has just seperated
Nahid Tonmoy
Nahid Tonmoy
08/05/2023
The customer service to legal advice, everything was fantastic. The whole team really looks after their clients.
Anthony Macdonnell
Anthony Macdonnell
06/12/2022
The wills of my wife and I were updated earlier this year and the team at Forge Legal handled this in a very professional and efficient way. We would have no hesitation in recommending them
SANDRA FITZGERALD
SANDRA FITZGERALD
02/12/2022
Very happy with the service received recently when purchasing our new home,everything went very smoothly and we were kept up to date with information, highly recommend .
sandra fitzgerald
sandra fitzgerald
22/11/2022
Very happy with the service we received from Queensland Family Law Practice, when we recently purchased our new home, they kept us informed and kept everything running smoothly, highly recommend.

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