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Brisbane Family Lawyer

Considering a divorce or a separation? Our expertise is your gain.

We are Family Law Solicitors in Brisbane, specialising in all aspects of Family Law and are one of the largest Specialist Family Law firms in Queensland with over 20 years professional experience. We are dedicated to achieving the best outcome for your unique situation! We protect your rights, offer focused advice and ensure full confidentiality!

Your first consultation is a fixed price. If you are concerned about what to do in your situation and need a Brisbane divorce lawyer, make an appointment and let us answer your questions (07) 3221 4300.

Family Law News – browse for practical tips and advice on all issues that come with separation and divorce – financial, parenting, social and emotional matters, as well as any changes and updates in Family Law.

We hope you find our website useful, please contact our team should you have any questions, or would like to get in touch regarding your unique situation.

What Property is Included?

3 April 2018

The Family Law Act provides a very broad scope for what can be included in a property settlement. But what happens if an asset is acquired by one spouse after separation – is that included? The court recently considered this interesting question.

The Facts:

  • The parties were married and had been together for 17 years before they separated in 2007
  • The parties eventually divorced in January 2012
  • At the time of the court hearing, there were 2 dependent children aged 17 and 14
  • The parties had a house in their possession, a loan from the husband’s parents to obtain the house (which had been repaid) and a mortgage. The asset pool consisted of the equity of the house of approximately $140,000 and a business of lesser value
  • Before the separation, the husband was running the business, where he and the wife were joint partners – he handled the day-to-day operations and she looked after the books and any administrative duties. After the couple separated, the husband became the sole owner of the business, while the wife and children kept living in the family home
  • The husband continued to pay the house mortgage from 2007 through to 2009, however when he suspected his wife had developed a relationship with a new partner he ceased making the mortgage payment. At this point, the house was rented out to a third party with the rent being deposited into a joint account which was then used to cover the costs of the mortgage
  • In late 2011, nearly 5 years after the separation, the husband received an inheritance from his late brother’s Will in the sum of $715,000

The Trial:

At the trial the Judge ordered that the inheritance was a ‘financial resource’ of the husband, therefore essentially excluding it from the ‘property pool’ on the basis that it was a ‘post separation’ acquired asset. The wife appealed this decision arguing that the inheritance should be included as an asset of the parties and divided accordingly.

The Outcome:

The wife’s appeal was successful, the Appeal court deciding that it was incorrect to deem the inheritance as a ‘financial resource’ of the husband only. The Appeal court decided that it was wrong in their view that any asset should be excluded from (or immune from consideration) the property adjustment between the parties.

The case stands as a reminder, that if a property settlement is delayed new property can arrive that complicates the process.

When it comes to separation, the earlier you obtain professional legal advice, the better outcomes you are likely to achieve.  Many unwanted situations can be avoided when the right action plan is in place from the start.  To arrange your initial fixed-fee consultation please call us on (07) 3221 4300 and be clear about the options available to you.

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Client Testimonials

Your team’s communication with me was exceptional, I knew exactly what was happening.
A.A., Eatons Hill
The professionalism and reliability delivered by Amy Honan was fantastic. I had an urgent matter around my property sale and Amy offered to provide assistance over a weekend if I required it – that’s above and beyond!
E.F., Nundah
So pleased to have had a good, sound and knowledgeable firm.
C.W., Brookfield
I really liked the personable service by Michael, the simple plain language he adopts and his patience.
A.O., Kedron
Amy, thanks very much to you and your team. Throughout my dealings with MLFL I have been continually impressed with your level of professionalism and, in particular, your understanding of circumstances and the articulate way you conduct yourself. I was completely satisfied with today’s outcome and without your experience and expertise in family law I doubt that the result would have been achieved.
M.R., West End
I always felt that the service provided by Michael Lynch Family Lawyers was of a high standard. Each time, after appointments I came away feeling secure. Keep doing what you are and maintain the ‘family feel’ that permeates your services.
C.W., Brookfield
Amy’s work was extremely professional but above all she has a manner and wisdom in dealing with people under stress. I will be recommending your firm to anyone that requires assistance.
K.H., Augustine Heights
Michael Lynch Family Lawyers always gave me competent and knowledgeable advice. I was consistently kept up to date. The meetings and phone calls were kept business-like, yet caring and thoughtful of my emotional state at the time. Thank you.
J.S., Holland Park
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K.B., Carina
I liked my solicitor keeping things as simple as possible.
S.M., Clayfield
My lawyer acted with professionalism in all her dealings with me and with the lawyer on the other side. I was always kept in the loop. I liked her approach. Thanks.
D.S., Coorparoo
Michael Lynch Family Lawyers have really listened to me. I felt confident my case was handled well. The law has changed recently, and I did not feel that a previous law practice I spoke to was suitably up-to-date.
P.B., Carindale
Michael is a good listener. My documentation maintained the high moral ground.
S.S., Hamilton
Thank you for providing me with a professional yet empathetic approach to gain the best outcome for me. My solicitor was excellent in explaining the processes and in representing me in Court. You have great customer service!
T.V., Everton Park
I appreciate you being upfront with fee estimates. You also have a fantastic website and the seminars REALLY helped to get me focussed.
T.C., Tarragindi
You guys provide extraordinary service.
A.O., North Brisbane
I was impressed by my solicitor’s attention to detail and her concern for me, and that the process was explained to me and that I understood it at all times.
B.W., Chapel Hill
The staff at Michael Lynch Family Lawyers were great. Everyone was fantastic, professional, understanding, caring and always communicated with me. I knew I was in good hands.
A.A., Eatons Hill
I appreciate my lawyer’s professional approach and her being on top of my situation.
N.S., Mt Gravatt
Amy, thank you. You have been diligent, accurate and pro-active for the entire duration of my matter. I appreciate it.
R.P., Cleveland
Michael knew what he was talking about.
R.M., Warwick
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G.C., Clayfield
Thank you, you placed my needs first, you were aware of the need to reach a final result and not get caught up in the personal issues of the other party.
S.L., Moranbah
I like your friendly service and the ability to speak to my solicitor directly.
R.G., Wishart
Your team is professional, warm, friendly and real.
N.R., Crows Nest
I was also always confident that I was getting the very best advice.
T.S., Flinders
May I take this opportunity to express my gratitude to you and your staff for the excellent professional services I received. In a word, priceless.
D.H., Hendra
Michael Lynch Family Lawyers are easy to deal with and their systems are good.
D.T., Ferny Grove
I was very impressed with the first initial interview. Everything was well explained and the advice was honest about what I should expect.
C.M., Morningside
Your staff is knowledgeable, professional and very calm.
A.C., Helensvale
My family lawyer was very helpful in assisting me to combat a very ugly situation without stooping to the low levels that the other solicitor attempted to take us.
M.J., Manly
If I need a family lawyer in the future I’ll be heading to Michael Lynch Family Lawyers again.
C.W., Brookfield
I’m very glad Michael is my lawyer and not the other side’s solicitor.
S.S., Hamilton
Thank you, you kept me sane in a difficult situation and gave me the encouragement and the confidence to keep going. You made me feel extremely comfortable.
A.M., Chambers Flat
At Michael Lynch Family Lawyers I got professional and no nonsense advice, costs were within quoted amounts and my matter was resolved quickly – well done!
L.R., Ascot
Many thanks for your assistance – life is now great – I’m moving on.
J.K., Mansfield
My solicitor provided a personalised service, prompt and quick responses and cost information prior to my commitment.
G.C., Southport
I like that my lawyer treated me like a friend and kept jargon to a minimum. She was easy to contact and kept me informed.
L.R., Samford
Thank you for your ongoing conciliatory approach in this matter and as always I appreciate your level headed advice. I certainly feel that I ended up with the right Solicitor.
S.C., Nundah
A personalised and professional service. Information has been clear and provided timely to assist my decision-making.
S.S., Hamilton
Lovely to deal with and provides a balanced view in what are very difficult circumstances.
A.C., Morningside
Thank you for the outstanding legal advice you have provided and professionalism in which you conduct yourself. I am truly thankful that it was you who represented me.
M.T., Stafford
Michael is very personable and very good at covering the material and explaining the strategy.
J.O., Hawthorne
Michael was the most knowledgeable of all lawyers I spoke to when looking for a lawyer. He showed professionalism.
R.R., Brighton
Thank you for being very personable, professional and always providing me with the most appropriate advice in my times of difficulty. The other party’s lawyers were extremely aggressive, while Michael Lynch Family Lawyers remained calm and professional.
S.D., Parkinson
Amy, thank you for all that you have done during this matter. You impressed me with your professionalism from our initial meeting, and you have proven beyond doubt, to have had the skills and knowledge required. You are a credit to the company, and I would highly recommend you to anyone in a similar situation.
R.P., Cleveland
Thank you for the great newsletter. Your article on “Coping with Christmas” is brilliant – clear, caring and helpful. Thanks again!
C.T., Bribie Island
I have appreciated the way that you and the staff at your firm have handled my situation. I would especially like to mention the professional and caring way my lawyer conducted my case, I am deeply grateful and extremely happy with the results. I will be referring others to your service.
J.H., Wellington Point
Thank you for helping me through this difficult time. You have been caring, compassionate and efficient. Some of my divorcing friends have not been so fortunate. In my mind you are the best family lawyer in Brisbane. If anyone I know needs a good family lawyer, I will tell them to speak to you. Thanks again.
B.T., Clayfield
I was guided through a really difficult time with expertise of Michael Lynch Family Lawyers. I am more than happy with the outcome of mediation.
J.H., Windaroo
Michael, thank you again for your presence here yesterday. We really appreciated the clarity and accessibility of your presentation. It is a rare thing to find somebody who not only has expertise, but also has a skill in communicating it.
J.S., Brisbane
I just wanted to get in touch to say thanks for helping me get through my custody and settlement. Thanks again to you and your staff. You have had a significant positive impact in my kids’ lives!
B.S., Brisbane
Thank you Debra and Helen for all the work you did for me, you both made the process manageable and brought sense to the chaos.
R.B., Toowong