News and Updates
Find all the latest updates on family, traffic and estate laws and read the latest news from The Legal House.
Police Protection Directions vs DVOs in Queensland: Key Differences & Legal Next Steps
Unlike standard domestic violence orders that trigger an automatic court appearance, a Queensland Police Protection Direction (PPD) takes effect immediately for 12 months. Explore critical differences, strict 28-day review deadlines, and how to safeguard parenting and legal rights under Queensland law.
What the 2026 Superannuation Tax Changes Mean for Your Estate Plan
Under the 2026 superannuation tax changes, balances exceeding $3 million trigger personal tax assessments that pass directly to your estate. Discover how aligning your will, testamentary trusts, and binding death benefit nominations helps manage executor risk and protect surviving beneficiaries.
The Digital Trap: Is Your Social Media a Risk to Your Custody Case?
In 2026, your “digital footprint” is a legal reality shaping parenting arrangements across Queensland. Your smartphone is the most powerful piece of evidence in your pocket—it can prove your devotion as a parent or be used to paint a picture of conflict and instability.
This blog explores the “80% Reality”, where social media content is successfully admitted as evidence in family law courts 82% of the time. We provide a 3-step digital safety check to help you put your online activity through a “Legal Lens” and explain why “deleting” posts can often be more damaging than the original content itself. Don’t let a 30-second post ruin a 10-year plan—learn how to protect your family’s future in the digital age.
Who Can Witness a Will in Queensland? – 2026 Essential Guide
Properly witnessing a Will is more than a formality—it is a critical legal safeguard. To be valid in QLD, a Will must be signed in the presence of two eligible witnesses who meet specific criteria. This guide explains who can legally act as a witness, why beneficiaries should never sign, and how the right witnesses help prevent fraud and disputes.
What Is Probate In QLD and Do I Need It?
Do you really need Probate? One of the most common questions we receive is whether a Grant of Probate is mandatory for every estate in Queensland. The answer depends on the value of the assets, how they were held, and the requirements of financial institutions. From bank accounts with “substantial” balances to the transfer of real estate, understanding the distinction between probate and non-probate assets is vital. Explore our comprehensive guide to the QLD probate process and learn how to ensure legal compliance while honouring your loved one’s legacy.
Parental Alienation and the New Family Law Act: A 2025 Guide for Parents
Key Takeaways Seek Immediate Legal Advice: If you suspect parental alienation, contact a family lawyer experienced in such cases immediately. Early legal intervention is crucial in protecting your relationship with your child and ensuring their best interests are met. Document Alienating Behaviours: Keep detailed records of any incidents of alienation. Document specific instances, gather evidence such as emails or texts, and consider professional assessments. This documentation can be vital in...
Did the Holidays Cause Family Law Conflict? Here’s Your Next Move.
The September school holidays have ended, and for many families, they were a time of joy, connection, and much-needed rest. But for others, the break only served to highlight ongoing tensions and unresolved issues in their parenting arrangements. If you found yourself dealing with a dispute, whether it was a child not being returned on time, a last-minute change to your agreed-upon schedule, or a failure to communicate, you’re not alone. The aftermath of school holidays is often when a...
A Practical Solution for Funding Your Family Law Matter: Partnering with JustFund
Legal proceedings, particularly family law matters, can be emotionally and financially challenging. The stress of legal fees can make it feel impossible to access the representation you need, especially if you are experiencing financial hardship. At The Legal House, we understand these challenges, which is why we’ve partnered with JustFund, Australia’s only dedicated family law finance provider that specialises in funding for property settlements. This partnership provides a compassionate and...
Key Aspects of Obtaining Letters of Administration in QLD
Dealing with legal matters that arise upon the death of a loved one can be a challenging and emotionally taxing experience. In Queensland, one crucial aspect of estate settlement is obtaining a letter of administration. Navigating the complexities of this process can add unnecessary stress during an already difficult time. Fortunately, there are steps you can take to ensure the smooth administration of the estate. In this blog post, we will guide you through the key aspects of obtaining...
Navigating Spousal Maintenance on the Gold Coast: What You Need to Know
Going through a separation or divorce on the Gold Coast can be a challenging time, provoking many questions about your future. Spousal maintenance may be one of those questions. Spousal maintenance is one former partner provides financial support to the other.
This guide will break down the key information you need to know about spousal maintenance in Queensland and Australian family law.
Understanding Coercive Control: Queensland’s Landmark Legal Change and Your Rights
Queensland is taking a significant step forward in addressing domestic violence by criminalising coercive control. This landmark legal change, coming into effect on the 26th of May 2025, recognises the devastating impact of patterns of controlling behaviour, not just physical violence.
This blog post aims to provide clear information about this complex issue and the upcoming legal changes.
How to Manage Divorce During the New Year: A Step-by-Step Guide
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A Mother’s Guide To Child Custody In Queensland
Navigating child custody during separation can be challenging for mothers prioritising their children’s wellbeing. Whether you’re exploring shared custody or applying for sole parental responsibility, understanding how custody laws work is vital. At The Legal House, our experienced team of child custody lawyers on the Gold Coast is here to guide you through this complex process. From explaining your rights to assisting with parenting agreements, we provide compassionate, professional support...
Will Writing Woes: Common Errors That Can Invalidate Your Will
Imagine this: you carefully craft a will, outlining exactly how you want your assets distributed after you're gone. But due to a simple oversight or a common mistake, your wishes are not carried out as intended. Sadly, this happens more often than you might think. Will disputes and challenges are common, often arising from errors in the will itself. This blog post will guide you through some of the most common mistakes people make when writing a will, helping you safeguard your legacy and...
Protecting Your Rights: A Father’s Guide to Child Custody in Queensland
Becoming a father changes everything. When relationships end, navigating child custody can be tough. Many fathers are unsure of their rights and how to stay involved in their children's lives. This guide provides a clear understanding of father's rights in custody cases, empowering you with the knowledge to protect your rights and secure the best possible outcome for you and your child.1. What are a Father's Rights in QLD?In Queensland, the law aims to ensure children have a meaningful...
What Are The De Facto Break-Up Entitlements in Australia?
Key Takeaways Know the Criteria: Understand what defines a de facto relationship and the criteria for making claims, such as relationship duration and contributions to joint property. Mind the Deadline:Act within the two-year limit post-separation to file for property settlement or maintenance to secure your entitlements. Consult a Lawyer: Engage a family lawyer to navigate the complex legal process and protect your interests in a de facto breakup. Navigating a de facto relationship breakup in...
Why You Should Have a Lawyer Draft Your Will
In estate planning, few documents hold as much significance as a Will. This legal instrument serves not only to distribute assets but also to safeguard your intentions and provide for your loved ones after your death. While the idea of drafting a Will may seem straightforward, the complexities of legal requirements and potential pitfalls highlight the necessity of professional guidance. Engaging a qualified lawyer to draft your Will is not merely a recommendation; it is a crucial step towards...
Guide to Inheritance Laws Queensland
Inheritance laws determine how a deceased person's estate is distributed. These laws ensure that assets are allocated either according to the deceased’s wishes, if articulated in a Will, or via legal guidelines when no valid Will exists. This blog aims to provide some guidance around the often complex process of estates, offering clear insights into creating Wills, the implications of dying without one, and the roles and responsibilities of executors in Queensland.Understanding Inheritance...
Are Binding Financial Agreements Worth It?
Binding Financial Agreements (BFAs), which are often referred to as prenuptial agreements in other countries, are legal contracts between couples which describe the management and distribution of financial assets during a relationship and after a relationship breakdown. These agreements can be entered into before a marriage/de facto relationship, during a marriage/de facto relationship, or even after a divorce/breakdown of a de facto relationship. The importance of financial planning in...
What Is The Difference Between A Parenting Plan And A Parenting Order?
Separation can be a profoundly challenging time for parents, as they navigate their emotional turmoil and the complex legal landscape that comes with arranging the future care of their children. At the heart of this legal landscape in Australia for parenting agreements are two primary frameworks: Parenting Plans and Parenting Orders. These frameworks serve as the cornerstones for establishing clear, workable arrangements that prioritise the child's well-being and provide structure during a...
Divorce and Property Settlement: 50/50 Split?
During a divorce, one of the most pressing concerns for many couples is the division of their assets. Popular misconception dictates that this process results in an equal split, with each party walking away with half of the shared property and finances. However, the reality of how assets are divided during a divorce and property settlement is far from this simplistic view. The division of assets on separation is governed by the Family Law Act 1975, and it takes a more nuanced approach, aiming...
Does Cheating Affect Divorce in Australia?
Divorce isn’t something most people think of when they get married. So, when something like adultery, or cheating occurs in a relationship, most people don’t know what steps to take, is there punishment, or how something like “cheating” affects your divorce and/or property settlement in Australia. If you know your legal position, it will help you be prepared for all the possible outcomes. The below article will help you gain an understanding of the impact “cheating” has on a property...
What If Parents Can’t Agree On The Parenting Plan?
Separation and divorce are hard and stir up some very difficult emotions. These emotions can often get in the way of being able to communicate effectively, meaning even the simplest of discussions may turn into an argument, such as organising simple parenting arrangements for your children. If you’ve hit a roadblock and can’t agree on parenting plans, then you should know the next steps and legal options. Keep in mind that every parenting arrangement is unique – it should your circumstances,...
Guide To The QLD Probate Process
Losing a loved one is undoubtedly a difficult and emotionally challenging experience. In Queensland, the probate laws dictate how a deceased's estate should be administered, making it essential to understand the laws and process. When a Queensland resident dies, an application for Grant of Probate must be filed with the Supreme Court before a person can be permitted to manage and distribute the deceased's estate. This blog post aims to provide accurate information on the probate process in...
When Can A Child Decide Which Parent To Live With?
The best interests of the child are the paramount consideration in any parenting arrangement situation. Children are entitled to enjoy a meaningful relationship with both parents, but occasionally this is not in their best interests, as it may be necessary to protect them from being subjected to, or exposed to physical or psychological harm. Let's explore when a child can decide which parent to live with.What The Court ConsidersThe law as it is described in the Family Law Act 1975 is...
Paternity and DNA Testing Explained Under Queensland Law
Occasionally, questions arise regarding the paternity of a child, which can be conclusively determined through DNA testing. Before ordering DNA testing, other relevant factors are taken into consideration.QLD Legal Assumptions Around PaternityIf a child is born to a married woman during the marriage, the law presumes the child to be the biological child of the woman and her husband. Similarly, if a child is born to a woman in a de facto relationship lasting between 6 and 10 months, the law...
What Is The Spousal Maintenance Law in Australia?
In Queensland, spousal maintenance is when one party to a marriage (also de facto) is liable to maintain the other party following separation or divorce. In this article, we aim to clarify spousal maintenance laws in Queensland.What is Spousal Maintenace?In Australia, the term "alimony" (a far more familiar term) is not used in the legislation. Instead, the legal term is "spousal maintenance." Spousal maintenance refers to the financial support that one party may be required to provide to...
Publication of Court Proceedings
Any matters discussed during family law proceedings, or documents created for proceedings in either the Family Court of Australia or the Federal Circuit Court of Australia are not made available for consumption in the public domain and should not be used for any other purpose, which is not related to the family law proceedings.Restrictions on Publication Under The LawTo achieve that objective, parties in family law proceedings provide an implied undertaking that any information they discover...
What is a Family Report?
Family Consultants are often appointed by the Court in children’s disputes to interview and observe relevant parties; prepare reports about their interviews and observations; and make recommendations about the most suitable future co-parenting regime. They provide an independent voice, helping Judges make decisions about arrangements for the child/ren. In the process, they may also help the parties reach an agreement. In preparing the report, the family consultant considers the family’s...
What To Expect At Your First Family Lawyer Consultation
What should you expect from your first meeting? Meeting with a Solicitor can seem overwhelming, but if you have started to think about booking an appointment, it is already necessary. At The Legal House, our family law team understands the emotions associated with relationship breakdowns; working out post-separation parenting arrangements; and dividing matrimonial assets. Here are a few points to remember if you are about to have a consultation with a family lawyer: Your matter is...
Binding Financial Agreements vs Consent Orders QLD
Binding Financial Agreements and Consent Orders When your relationship has broken down and you agree on how your property should be divided, it is possible to do so without any Court intervention. The most effective way to distribute the matrimonial assets is through one of the following legal agreements:- Consent Orders (where you ask the Court to make orders ratifying your agreement); or a Binding Financial Agreement. What are Financial Agreements? Parties to a marriage or de facto...
Negotiating Settlements With Property & Children
Many couples can successfully negotiate the division of their assets and care of their children without legal intervention, but those who can’t, should read this article. Property Settlements The Courts generally adopt a four step approach to dividing matrimonial assets:- Identifying and Valuing Matrimonial Assets, Liabilities and financial resources (a financial resource could be a income producing business, distributions from a trust fund etc.). If you cannot agree on the value of the...
The New Domestic and Family Violence Protection Act 2012
In 2012, Queensland introduced the Domestic and Family Violence Protection Act 2012 (DFVPA), a landmark piece of legislation aimed at strengthening the state’s response to domestic and family violence. At the time, the Act was considered a significant step forward, offering a more modern and victim-focused legal framework to better protect those experiencing abuse. Now, more than a decade later, Queensland has taken another critical step by criminalising coercive control, an insidious form of...
Domestic Violence and Property Settlements
The Domestic and Family Violence Protection Act 2012 catches a greater range of relationships, including same-sex relationships and even “one night stands”, where the “one night stand” produces a child. The Act expands the definition of Domestic Violence and increases the safety, protection and well-being of people who fear or experience domestic violence.What Is Domestic Violence (DV)?So, what is domestic violence? Domestic violence can be abuse that is physical, sexual, emotional or...
Drafting Wills: A Family Lawyer’s Top Tips
What is a Will? A Will is a legal document that outlines how your assets will be distributed upon your death. It may also include provisions for the care of minor children. Do I have to update my Will? It's important for your Will to accurately reflect your current life circumstances. If you've experienced significant changes since drafting your Will, such as marriage or becoming a parent, it's advisable to update it. Failing to do so may result in your assets being distributed differently...































