Your Trusted Partner in Family Law
Navigating the complexities of family law requires not just legal expertise, but also a profound sense of empathy and understanding. At OMB Solicitors, we have been serving the Merrimac community since 1968, providing clear, compassionate, and effective legal solutions for individuals and families facing separation, divorce, property disputes, and parenting matters. Our team, led by Queensland Law Society Accredited Specialists, offers reassuring guidance during challenging times, ensuring your rights are protected and your family’s future is secured. With a modern, client-centric approach, we are here to support you every step of the way.
Established & Reputable
With a deep-rooted history stretching back to 1968, OMB Solicitors stands as a cornerstone of legal integrity and trust on the Gold Coast. Our five decades of service have built an impeccable local reputation, underscored by our ongoing work with the Gold Coast City Council, demonstrating our firm’s enduring commitment to the region and its people. When you choose OMB, you choose a legacy of reliability and proven dedication.
Accredited Specialist
Our Family Law team is led by Queensland Law Society Accredited Specialists, a distinction that signifies a higher level of proven expertise and advanced legal knowledge. This accreditation ensures you receive advice from lawyers who have undergone rigorous assessment, demonstrating superior skill and experience in family law. Rely on specialists who truly understand the nuances of complex family matters to guide you.
Client-Centred Accessibility
We combine a traditional commitment to personal service with modern efficiency. At OMB Solicitors, we embrace technology to enhance your experience, offering convenient online booking, a secure client portal for document management, and easy online payment options. This streamlined approach ensures you have accessible, efficient, and seamless engagement with your legal team, designed to fit your busy life and surpass your expectations.
Navigating Divorce & Property Settlements with Empathy
Separation and divorce can be emotionally taxing, but with OMB Solicitors, you don’t have to face it alone. Our Merrimac family lawyers provide sensitive and strategic advice on all aspects of divorce, including initiating divorce proceedings and managing complex property settlements. We meticulously assess your financial position, considering assets, liabilities, and future needs, to help you achieve a fair and equitable division. We also offer transparent fixed-fee divorce options, providing clarity and peace of mind regarding costs. Whether through negotiation, mediation, or court representation, our goal is to achieve an outcome that protects your financial future and allows you to move forward with confidence. From superannuation splitting to spousal maintenance, we cover every detail with professionalism and care. We aim to minimise conflict and stress, focusing on constructive solutions for our Merrimac clients.
Protecting Your Family: Parenting Orders & De Facto Matters
The welfare of children is paramount in any family law dispute. Our experienced Merrimac family lawyers are dedicated to securing parenting arrangements that are truly in the best interests of your children, facilitating discussions on living arrangements, contact schedules, and significant long-term decisions. We guide you through the process of establishing parenting orders, whether by consent or through court proceedings, always prioritising the safety and emotional well-being of your children. Furthermore, we provide comprehensive legal support for de facto relationships, addressing property, financial, and parenting issues that arise from the breakdown of such partnerships, aligning with the same legal principles as married couples. Our expertise extends to handling sensitive domestic violence matters, ensuring you and your family receive the protection and legal support you need immediately. We offer clear advice and robust representation, empowering you to make informed decisions for your family’s future on the Gold Coast.
Client Testimonials
Frequently Asked Questions About Family Law in Merrimac
What is the process for obtaining a divorce in Queensland?
In Queensland, to file for divorce, you must demonstrate that your marriage has irretrievably broken down, proven by a minimum of 12 months of separation. After this period, an application can be filed with the Federal Circuit and Family Court of Australia. If children under 18 are involved, the court must be satisfied that proper arrangements have been made for their care. Our Merrimac family lawyers can guide you through preparing and filing the divorce application, serving documents on your spouse, and representing you in court if necessary, ensuring a smooth and legally compliant process from start to finish. We clarify each step, simplifying the journey for you.
How are property settlements decided in a divorce?
Property settlements in Queensland follow a four-step process. First, we identify and value the entire asset pool of both parties. Second, we assess each party’s financial and non-financial contributions to the relationship and family. Third, we consider future needs, such as health, age, earning capacity, and care of children. Finally, our Merrimac family lawyers determine if the proposed division is “just and equitable” for both parties. This process can be achieved through negotiation, mediation, or, if necessary, court orders. Our accredited specialists aim to achieve a fair outcome that reflects your unique circumstances, protecting your financial interests effectively.
What is a parenting order, and how does it protect my children?
A parenting order is a legally binding document made by the Federal Circuit and Family Court of Australia that outlines arrangements for children after parents separate. It covers where children live, how much time they spend with each parent, and how important long-term decisions (like schooling, health, and religion) are made. These orders are made with the children’s best interests as the paramount consideration, aiming to ensure their safety, welfare, and development. Our Merrimac family lawyers assist in drafting, negotiating, and formalising these orders, whether by consent or through court, providing peace of mind and clarity for all involved, especially for the children.
Do I need a lawyer for a fixed-fee divorce?
While it is technically possible to apply for a divorce without a lawyer, engaging an experienced Merrimac family lawyer, especially for a fixed-fee divorce, offers significant advantages. A fixed-fee service provides transparent costing, eliminating unexpected expenses. More importantly, a lawyer ensures your application is correctly prepared and filed, reducing delays or complications. They can also advise on related matters such as property settlements or parenting arrangements that need to be addressed before or concurrently with your divorce, offering comprehensive support and reducing stress during an already challenging period, even for uncontested divorces.
What is the difference between marriage and a de facto relationship in the eyes of the law?
In Queensland, while a de facto relationship is not a legally solemnised marriage, the Family Law Act treats eligible de facto couples largely the same as married couples regarding property and parenting matters. For a relationship to be considered de facto under the law, certain criteria must be met, typically involving a significant commitment to a shared life. Our Merrimac family lawyers can help clarify if your relationship qualifies and explain your legal rights and obligations, particularly concerning property division, financial agreements, and parenting arrangements should the relationship end, ensuring equitable treatment similar to married couples.
How can I protect my assets before marriage or a de facto relationship?
To safeguard your assets before entering a marriage or a de facto relationship, a Binding Financial Agreement (BFA) is an invaluable legal tool. Often referred to as a “pre-nuptial agreement,” a BFA allows prospective spouses or de facto partners to decide how their assets, liabilities, and superannuation would be divided in the event of separation. Our Merrimac family lawyers specialise in drafting robust and legally compliant BFAs, ensuring both parties receive independent legal advice and the agreement is enforceable, providing clarity and peace of mind about your financial future, no matter what lies ahead in your relationship journey.
What should I do if I am experiencing domestic violence?
If you are experiencing domestic violence on the Gold Coast, your immediate safety is paramount. Contacting the police (000 in an emergency) is the first critical step. Following this, seeking legal advice is crucial. Our Merrimac family lawyers can assist you in applying for a Domestic Violence Order (DVO) through the courts, which provides legal protection by prohibiting the perpetrator from engaging in specific behaviours. We offer sensitive, urgent support, helping you navigate the legal process to secure your safety and that of your children, connecting you with vital support services and representing your interests with compassion and resolve.
How long does the family law process typically take?
The duration of family law matters can vary significantly depending on their complexity, the willingness of parties to negotiate, and whether the case proceeds to court. Simple, uncontested divorces might finalise in six to twelve months, while complex property settlements or highly contentious parenting disputes involving court intervention can extend over several years. Our Merrimac family lawyers strive to resolve matters as efficiently as possible through negotiation and mediation, aiming to minimise delays and costs. We provide realistic timelines and keep you informed at every stage, working towards a swift and favourable resolution.
What role does mediation play in family law disputes?
Mediation plays a crucial role in family law disputes, offering a constructive and cost-effective alternative to court litigation. It involves a neutral third-party mediator who helps separating couples communicate and negotiate solutions for parenting and property matters. Mediation empowers parties to reach mutually agreeable outcomes, maintaining greater control over decisions affecting their future and often fostering better post-separation relationships. Our Merrimac family lawyers strongly advocate for mediation, preparing you thoroughly and representing your interests effectively within this collaborative process, aiming for amicable resolutions that prevent the emotional and financial strain of court battles.
Why choose an Accredited Specialist Family Lawyer?
Choosing an Accredited Specialist Family Lawyer at OMB Solicitors means entrusting your complex and sensitive matters to someone formally recognised by the Queensland Law Society for their superior knowledge, experience, and proficiency in family law. This accreditation is a testament to their proven expertise, ensuring you receive the highest standard of advice and representation. It signifies a lawyer who not only understands the intricacies of family law but also possesses the strategic insight to navigate challenging cases effectively. For Merrimac residents, this means unparalleled reassurance and a significantly higher likelihood of achieving a favourable outcome in their family law proceedings.