Expecting Separation: Can You Get Parenting Orders for an Unborn Child?
The period leading up to the birth of a child should be a time of preparation and excitement. However, for parents who have separated during pregnancy, it is often filled
When relationships break down, clear and reliable legal advice makes all the difference. At Bennett Carroll Solicitors, our experienced family lawyers support clients throughout Queensland—whether you’re separating, planning a divorce, or working through parenting or property issues.
We service all of Queensland, with physical offices in Brisbane, Gold Coast, Sunshine Coast and Ipswich. Everything can be handled remotely by phone, email, or video—there’s no need to attend in person. We can even come to you in special circumstances.
👉 Contact us today for a no-pressure, confidential consultation.
Our family law team provides advice tailored to your situation, including:
Separation and Divorce
Parenting Plans and Parenting Orders
Property Settlements
Binding Financial Agreements (BFAs)
Family Violence & Intervention Orders
Spousal Maintenance
Grandparent Rights
Asset Protection for Business Owners and FIFO Workers
Mediation and Court Representation
Whether you are entering a new relationship or navigating a separation, a Binding Financial Agreement (BFA) (often referred to as a “prenup” outside of Australia) is your best “insurance policy” for the future. Under the Family Law Act 1975, a correctly drafted BFA allows married and de facto couples to determine how their assets, superannuation, and liabilities will be divided without the need for stressful and costly Family Court litigation.
From protecting an inheritance to safeguarding business interests, a BFA provides the ultimate peace of mind. However, for an agreement to be legally enforceable, strict requirements must be met, including mandatory independent legal advice for both parties.
Don’t leave your assets to chance by using “cheap” or generic templates. Our free guide helps you prepare for a “watertight” agreement from the comfort of your home.
The “Golden Rule” Checklist: A complete list of the financial disclosure documents you need to gather, from real estate appraisals to superannuation statements.
The 3-Step Process: How we move from an online strategy call to custom drafting and final signing.
The DIY Warning: Why AI-generated and online templates often fail to hold up in Australian Courts.
Future-Proofing: How to account for children or inheritances to prevent the agreement from being set aside later.
Whether you’re sorting out parenting arrangements or dividing assets, getting legal advice early helps avoid costly mistakes. You can also learn more about parenting orders and family court procedure in Queensland through Queensland Courts.
Family law matters can become significantly more complex when a business is part of the asset pool. At Bennett Carroll Solicitors, we have the experience and resources to handle property settlements involving business ownership, partnerships, or company shares. Our team works alongside trusted accountants to accurately assess business value and ensure a fair division of assets. If you’re separating and own or share a business, learn more about how we handle family law involving businesses here or speak with our experienced family lawyers in Brisbane, Gold Coast , Sunshine Coast & Ipswich.
Navigating the “Back to School” period can be one of the most stressful times for separated parents. In this video, we break down the legal essentials for Queensland parents preparing for the 2026 school year.
What you’ll learn:
Who decides on school enrollment under the updated Family Law Act?
How to handle 2026 “Back-to-School” costs (uniforms, laptops, and fees).
Managing logistics: Pick-ups, drop-offs, and after-school care.
Your rights regarding school events and parent-teacher interviews.
Term 1 starts Tuesday, 27 January 2026. Don’t wait until the last minute to formalise your arrangements!
The end-of-year school holidays can be one of the most stressful times for separated parents. From Christmas and New Year to summer breaks, juggling parenting plans, work commitments, and special arrangements often creates tension.
At Bennett Carroll Solicitors, we’ve put together a practical guide for Queensland families to help manage school holiday parenting arrangements. The guide covers:
Understanding Parenting Orders vs Parenting Plans
Planning Christmas and summer holidays
Managing care arrangements, travel, and special arrangements
Tips for smooth transitions between households
How to handle work commitments and maintain routine for children
Our goal is to help separated parents reduce conflict and ensure the holidays are a positive, safe, and predictable time for children.
Whether you’re going through a divorce, dealing with property or parenting disputes, or simply need experienced advice on your rights, we’re here to help. At Bennett Carroll, we are experienced in making complex legal matters simple and stress-free.
You don’t need to step foot in an office to get started. While you can visit us at one of our South East Queensland (SEQ) offices, most of our clients prefer our seamless remote consultation via video, phone, or email.
If you or someone you know is experiencing domestic or family violence, you can access immediate support from DVConnect, a confidential 24/7 service for Queenslanders.
Expecting Separation: Can You Get Parenting Orders for an Unborn Child?
The period leading up to the birth of a child should be a time of preparation and excitement. However, for parents who have separated during pregnancy, it is often filled
Parenting Plans for Neurodivergent Children: Navigating High-Conflict Separation in Queensland
Raising a child with “special needs” whether they are on the Autism Spectrum (ASD), have ADHD, or live with physical or intellectual disabilities requires a level of dedication that most
Protecting Your Business in a New Relationship: A National Guide for Entrepreneurs
If you are a business owner who has spent years building an enterprise in Australia, you understand risk management. You have insurance for your premises and iron-clad contracts for your
The “Cheap Template” Trap: Why DIY and AI Binding Financial Agreements Are Never Binding
In an era where you can generate a contract with a few clicks, it is tempting to apply “DIY” logic to your financial future. With the rise of AI tools
Starting the 2026 School Year: A Legal Guide for Separated Parents in Queensland
The transition back to school whether it’s the start of Term 1 or moving between semesters is often the ultimate “stress test” for parenting arrangements. In Queensland, the 2026 academic
New Year, New Peace of Mind: Your Free Essential Legal Health Check for 2026
The new year is more than just a date on the calendar, it’s a global tradition of renewal, setting goals, and getting your life in order. As you plan your
Who Gets the House After Separation? The Hidden Costs of Keeping It
When a relationship breaks down, the question of who keeps the family home can quickly become a source of stress, conflict, and financial strain. For separating couples in Queensland including
Digital Assets in Family Law: How Cryptocurrency and Online Investments Affect Divorce in Queensland
The Rise of Digital Assets in Family Law The landscape of family law in Queensland is rapidly changing as digital assets such as cryptocurrency, NFTs, and online investments become central
5 Myths About Binding Financial Agreements in Australia | Why They May Not Protect You
Many couples in Australia believe that a Binding Financial Agreement (BFA) is a simple solution to avoid disputes down the track. But the reality is, BFAs are only as strong
📌 2025 Family Law Amendments: What You Need to Know
📌 How Long Does a Divorce Take in Queensland?
📌 Separated and Own a Business? Here’s What to Know
📌 Signs of a Bad Lawyer: When to Switch
When you receive a letter from your ex’s lawyer we recommend that you seek experienced family law advice about your situation.
Usually, these letters will contain a date to respond to them by. If this date is before you can get in to see a lawyer, send them a short email advising them you are seeing a lawyer on your appointment date and you or your lawyer will get back to them after this date.
At your appointment, an experienced family lawyer should be able to give you preliminary advice about your matter and your options going forward, including how to respond to the letter.
When you receive court documents from your ex we recommend that you seek experienced family law advice about these immediately. Don’t leave seeking advice to the last minute as this can impact on how you present at Court.
You will need to file documents in response to these documents. The time you need to do this will depend upon whether the proceedings have been filed in the Family Court of Australia or the Federal Circuit Court of Australia (this is where most family law matters are dealt with). If one or both of the parties reside in WA, the application may have been file in the Family Court of Western Australia. An experienced family lawyer can advise you when documents need to be filed, what documents need to be filed and prepare responding documents (or assist you to do so).
An experience family lawyer can advise you about the likely outcomes, options and strategies, strengths and weaknesses of your matter.
You and your ex have reached an agreement about your property settlement or at least part of it and you are going to “pay out” your ex and refinance the home loan and transfer the property into your name. You have applied for finance and you have been knocked back, what now?
Scenario 1 – Orders made by Court after hearing
The orders made by the Court will usually have default orders in the event this situation arises, usually requiring the sale of the property and for it to be listed for sale or auction within a period of time. If you really want to retain the property you could try negotiating with the other party about the matter, but usually if you have been to a hearing communications between the parties have broken down and they might not be amenable to such negotiations. Sometimes, the court may have given the parties liberty to apply with regards to the implementation of the orders, this may be an opportunity for you.
Scenario 2 – Orders made by Consent of the parties
These orders may contain default provisions regarding the sale of the property. If you really want to retain the property you could try renegotiating with the other party about the matter, whether it is for an alternate breakup of assets and liabilities or more time to obtain finance.
If there are no default provisions, the orders might have become frustrated and it may be they can be set aside. Alternatively, your ex may commencement enforcement proceedings including orders for the sale of the property.
Scenario 3 – Binding Financial Agreement
As these agreements have been prepared by lawyers, they likely contain default provisions. If you really want to retain the property you could try renegotiating with the other party about the matter, whether it is for an alternate breakup of assets and liabilities or more time to obtain finance.
Scenario 4 – Handshake deal
Where you and you ex have made a deal and have not formalised that agreement, there is nothing they can enforce. This can allow you more time to obtain finance. However, as there is nothing binding, your ex could file Court proceedings or refuse to comply with the handshake deal.
Generally with handshake deals parties are on more amicable terms and therefore may be open to exploring options, including more time to obtain finance.
Experienced family lawyers are seasoned negotiators. Most family law matters will settle with negotiations rather than orders made by a judge after hearing. As such, experienced family lawyers can advise you on your options, engage in negotiations on your behalf and represent you in court if necessary.
If you’re considering divorce, one of your first questions might be, ‘How long does a divorce take in Queensland?’- Click to read our article.
The Federal Circuit and Family Court of Australia also outline official timeframes and processes for divorce applications.