How We Can Help You
Separation and Divorce
Getting a divorce or ending a de facto relationship is one of the most stressful events in your life, and our divorce lawyers are on your side.
We’ll assist you to finalise the parenting arrangements for your children, focusing always on the best interests of the children.
Negotiating a divorce settlement following a separation can be a difficult process, but we can help make it as stress-free as possible.
We’ll help you with pre-nuptial agreements and financial agreements during or after your relationship.
We’ll help you to mediate – with a view to hopefully avoiding the emotional and financial costs of a court battle.
We can help you to apply for a protection order and any necessary court matters.
Experts in Family Law
Kylee has been with the firm for over 20 years. She spent the first 10 years of her legal career practicing in Family Law, before handling Estate Administration work for some years.
Kylee is now the head of the family law team and has finished her post-graduate study in wills and estates at the College of Law. She brings enormous technical knowledge to both areas of the law, which provides the best outcomes for clients.
Kristen holds dual degrees in Bachelor of Laws (Honours) and Bachelor of Arts, majoring in Japanese and Criminology from the University of Queensland, and a Graduate Diploma in Legal Practice from the College of Law. She will commence her Master of Applied Law (Family Law) at the College of Law in 2020.
Kristen practices exclusively in Family Law, with some previous exposure to Wills, Estates and Conveyancing. She looks forward to expanding her knowledge in the area of Succession Law. Outside of work, Kristen loves spending time with her family and friends, reading, attending live concerts of her favourite artists (celebrating her eclectic taste in music) and all things Japan, having travelled there several times and even attending high school there for a brief period of time.
Get Your Free 10-Minute
From Our Clients
We have dealt with the staff at Mitchells previously and again more recently. As we found before and again this time with the lawyer assigned to us the staff are all very professional and competent. We have and will recommend Mitchells to our family and friends. Thanks again for the extra effort you put in, including out of working hours. It was appreciated.
After being stuffed around by so many other lawyers, Mitchells Solicitors truly respected and guided our needs in a highly professional manner. I would 100% recommend them to anybody going through family legal issues to get a rewarding outcome for your children. They always made me feel confident and comfortable in any conflict decisions regarding the welfare of my children. So many thanks to Mitchells Solicitors.
How do I get a divorce?
- In Australia you must be separated for at least 12 months before you can apply for divorce.
- If you have been married for less than 2 years, you must undertake marriage counselling before filing for divorce.
- You will need a copy of your marriage certificate.
- You can complete either a sole application or a joint application.
- The filing fee is $910, unless you have a health care or pension card, then it is $305
- Contact us for legal advice.
What to do if one party is refusing contact with your child.
- In Australia under the Family Law Act, the primary considerations, in determining what is in the child’s best interests, is the benefit of the child having a meaningful relationship with both parents and for the child to be protected from harm.
- If one parent is refusing access to your child, seek legal advice as soon as possible.
What is a Family Report and how do I prepare for one?
A Family Report is generally ordered by the Court to assist it in determining what orders it should make in the child’s best interests.
Such report is usually prepared by a Court appointed psychologist or social worker who is experienced in working with children and families.
It is important that you remain ‘child-focused’ in the interview and consider what is in the best interests of the child. The interview is not a time for you to bring up criticisms of your relationship or ex partner.
What do I do if I am served with an application for a protection order?
You should firstly read the application, as it will contain the allegations made against you, and let you know when you need to appear in Court.
If you have also been served with a temporary protection order, it is important that you follow the conditions on it. Whilst a protection order is not a criminal matter, if you are found to have breached a condition, it may become a criminal matter.
Once the matter is before the Court, you have several options available to you.
After you have been served with an application for a protection order it is important that you get some legal advice.
We have recently separated and I need to sort out a property settlement. Do I need to go to Court?
The short answer is maybe. However, most property disputes settle outside of Court.
Regardless of whether you and your partner were married or de facto, at the end of your relationship, it is important for a final separation of your finances to occur.
A Property Settlement is dealt with under the Family Law Act 1975. In Australia there is no need to wait until divorce to commence a property settlement. It is best to start the process as soon as possible.
In Australia, you have 12 months from the date of divorce or 2 years from the date of separation for de facto couples to commence proceedings for a property settlement.
How is a property settlement worked out by the Court?
In making a determination in a property matter there is a four-step process used by the Courts in the event the property dispute reaches a final hearing. It involves: identifying the assets and liabilities; assessing the contributions of the parties (initially and throughout the relationship); considering future needs of the parties; and finally, giving consideration to the effect of the above steps and determining if the property settlement is just and equitable.
Having regard to the above four-step process used by the Court, you need to be aware that when making a final determination the Court exercises its discretion. Therefore, there is no guarantee on how the Court will determine the matter.
30+ Years Experience
Mitchells Solicitors has a long and exciting history. It was firstly known as Janssen & Janssen. The Principal of the firm, Bryan Mitchell, joined the firm Janssen & Janssen in August 1995. In April of 1998 Bryan was admitted into partnership and the firm changed its name to Janssen Mitchell. At the start of 2000, Bryan took over the firm as sole proprietor, and shortly thereafter changed its name to Mitchells Solicitors and Business Advisors and sometime after that to simply Mitchells Solicitors. In the last 20 years the firm has grown in both size and reputation as more and more people choose Mitchells Solicitors to meet their legal needs. In 2006 the firm Wyman & Co merged with Mitchells Solicitors. Wyman & Co had a lengthy history of over 60 years inBrisbane. In 2013 O’Dwyer & Bradley Solicitors merged with Mitchells Solicitors. Its Principal, Tim O’Dwyer, joined the firm as a consultant. O’Dwyer & Bradley’s history goes back some 40 years.
Leading Family Lawyers
Brisbane Family Lawyers is a specialty division of Mitchells Solicitors, with offices in Brisbane City, Moorooka, Aspley, and Sunshine Coast.
The modern firm of Brisbane Divorce Lawyers can assist with all aspects of family law, from separation and divorce to settlement, child support, domestic violence support, adoption and mediation. Our values include excellence in our knowledge and practice of the law, honesty and strength.
Client Focused & Caring Approach
We love to solve problems. We love to solve your legal problems. At Mitchells Solicitors, we offer the best quality advice by lawyers with the highest ethical standards. We’re there with you when you need someone on your side.
Affordable Payment Structures
We offer flexible payment options. In certain circumstances, we will defer our fee until there is an outcome.