Frequently Asked Questions

Consultations & Legal Fees

• Why is the initial consultation free of charge?

  We offer a free first consultation so you can understand your options without pressure. It’s our way of making experienced legal advice more accessible from the start.

• Do I have to pay if my consultation goes over an hour?

  Not usually. We allow enough time to understand your matter properly. If extra time is needed, we’ll always explain any potential costs in advance.

• Can I walk in, or do I need to book a consultation?

  We recommend booking ahead to ensure availability. Walk-ins are welcome at our Forest Lake office, but booked clients will be prioritised.

• Can you tell me upfront what my case will cost?

  Yes. Many of our services are offered at fixed fees. For more complex matters, we provide clear cost estimates and structured payment options tailored to your needs.

• Why are your fees lower than other law firms?

  We’ve built our practice around efficiency. Using modern systems and a focused team allows us to provide high-quality legal services at a more affordable rate.

• Does low cost mean lower quality?

  Not at all. We deliver experienced legal representation and personalised service. Quality legal help shouldn't come with an excessive price tag.

• Do you offer Legal Aid?

  No, but our fixed fees and flexible payment options make legal support more accessible to those who may not qualify for Legal Aid.

• If my case settles early, do I still pay the full fixed fee?

  No. If your matter resolves sooner than expected, we’ll only charge for the work completed.

• Do you charge for emails, phone calls, or meetings?

  Not on fixed-fee plans. For hourly rate arrangements, we explain all billing details upfront so you know exactly how your time is charged.

• Can I pay in instalments?

  Yes. We offer tailored payment plans to help you manage costs over time.

• Can I choose an hourly rate instead of a fixed fee?

  Absolutely. We’ll explain both billing options during your consultation so you can choose what works best for your situation.

• What if I can’t afford upfront legal fees?

  We offer payment plans and limited-scope services to help reduce financial pressure while still giving you access to quality legal advice.

• Can I contact my lawyer via Facebook or SMS?

  We prefer communication via email or phone to maintain confidentiality and adhere to professional standards.

• Do you charge for travel to court outside Brisbane?

  If we need to travel beyond our usual service area, travel and accommodation costs are discussed in advance and billed at cost — with no mark-ups.

Property & Financial Settlements

• Do all assets get split 50/50?

  Not always. Division depends on contributions, future needs, and care responsibilities. Every case is assessed individually.

• What if I bought assets after separation?

  These may still form part of the property pool, especially if they were acquired using income or equity from the relationship.

• Am I responsible for debts my ex incurred after separation?

  Possibly — it depends on the nature of the debt and who benefited. Seek advice early to protect yourself.

• What if my ex is selling off assets?

  We can help you apply to the court to freeze or recover assets. Act quickly — time is critical in these situations.

• Who pays the mortgage, rates, and bills post-separation?

  Both parties remain responsible unless there’s a court order or agreement in place. We can help negotiate or formalise arrangements.

• My parents gave me money. Is it a gift or a loan?

  It depends on the intention and documentation. Courts look at whether repayments were expected. We’ll help you clarify and present your case.

• Who can help me with property settlement after separation?

  Our property settlement lawyers can assist with dividing assets, valuing property, and ensuring a fair outcome based on your contributions and future needs.

• Do I need separate lawyers if I’m buying property with someone else?

  In some cases, yes — especially if you want to protect your financial contributions or clarify ownership shares. Our team can advise whether co-ownership requires independent legal guidance.

Superannuation & Financial Agreements

• Can I access a super split as cash?

  No. Super remains preserved until retirement age. A split transfers the amount into your own fund and stays subject to super laws.

• Can all superannuation be split?

  Most can, but special rules apply to some funds (e.g. defined benefit funds). We’ll assess your situation and guide you accordingly.

• Do I need a super valuation before it’s split?

  Yes. A proper valuation ensures a fair division. Some funds offer valuations, while others may need actuarial input — we’ll assist with that.

• Do financial agreements need to be documented?

  Yes. They must be written, signed, and supported by independent legal advice to be legally binding.

• Can I get a prenup if I’m already living with my partner?

  Yes. A prenup agreement lawyer can help you draft a Binding Financial Agreement even if you’re already in a de facto relationship or married. These agreements can offer clarity and asset protection if the relationship ends.

Parenting & Children’s Matters

• Do I need to formalise our parenting arrangements?

  Yes — while verbal agreements can work short-term, Parenting Plans or Consent Orders offer long-term clarity and protection.

• When can children choose who they live with?

  There’s no set age. A child’s views are considered depending on their age and maturity, but it's one of many factors the court assesses.

• How does family violence affect parenting arrangements?

  It can significantly influence decisions around custody, contact, and supervision. The court prioritises the child’s safety and wellbeing.

• Can I travel overseas with my child post-separation?

  You’ll usually need the other parent’s consent. It’s best to include travel terms in your Parenting Plan or court orders.

• What if the other parent refuses to follow our agreement?

  If informal arrangements break down, we can seek enforceable Parenting Orders through the court.

Family Violence & Legal Protection

• How does domestic violence affect property division?

  If violence has limited a party’s ability to contribute or earn, the court may adjust financial entitlements to reflect this impact.

Separation & Divorce

• How long must we be separated before divorcing?

  You must be separated for at least 12 months. This still applies even if you’ve lived under the same roof.

• Can I get divorced if we still live together?

  Yes. This is known as “separation under one roof”. You’ll need to provide evidence that your relationship ended despite cohabiting.

• Do I have to attend court to get divorced?

  Only in limited cases — such as sole applications involving children under 18. Most joint applications don’t require attendance.

• How long does divorce take?

  Once lodged, a hearing is usually scheduled within 4–6 months. The divorce becomes final one month and one day after the hearing.

• Can I divorce in Australia if I was married overseas?

  Yes — if you or your spouse is an Australian citizen, permanent resident, or has lived in Australia for at least 12 months.

• When should I speak to a divorce lawyer?

  It’s best to consult a divorce lawyer as soon as you’re considering separation. Early advice helps you understand your rights, prepare for financial discussions, and protect parenting arrangements.

Binding Financial Agreements & Prenups

• Are Binding Financial Agreements (BFAs) enforceable?

  Yes — as long as both parties receive independent legal advice and the agreement meets legal requirements.

• What can a Financial Agreement cover?

  They can include how property, superannuation, business interests, and debts are split — as well as spousal maintenance and inheritance protection.

General Family Law Advice

• Do I really need a lawyer for separation?

  While it’s possible to separate without legal help, early advice helps you avoid mistakes and protect your rights — especially when children or finances are involved.

• Can we resolve our matter without going to court?

  Absolutely. Most matters settle through negotiation or mediation. We’ll always aim to resolve your matter without litigation unless necessary.

• Why choose Dam Lawyers for family law?

  We combine genuine care with clear, practical legal advice. With fixed fees, flexible options, and personalised service, we’re here to support you — every step of the way.

• What does a family lawyer actually do?

  A family law attorney assists with legal matters such as divorce, parenting arrangements, property division, and financial agreements. They provide advice tailored to your specific situation and represent you in negotiations or court proceedings if needed.

Wills & Estates

• Do I need a lawyer to write a will or manage an estate?

  Yes — a wills and estates lawyer ensures your wishes are legally documented and helps your family avoid disputes during estate administration.

• How do I legally sell a deceased person's home in Queensland?

  Selling property from an estate involves specific legal steps. Our team can assist with selling deceased estate property and guide you through executor responsibilities.

Property & Conveyancing

• What does a conveyancer do during a property purchase?

  A Brisbane conveyancing team handles legal documents, due diligence, and settlement processes to ensure a smooth property transfer.

• Can you help with buying or selling commercial property?

  Yes. Our commercial conveyancing services support buyers and sellers of retail, industrial, and office properties with legally sound transactions.

• Do I need legal advice before signing a lease or easement?

  Absolutely. Our property lawyers can review or draft documents to protect your rights and obligations when dealing with leases, boundaries, and title matters.

Business & Commercial Law

• Who handles legal matters for small businesses?

  A commercial lawyer can help with business structure, partnership agreements, debt recovery, and regulatory compliance — essential support for business owners.

• What’s involved in reviewing a business contract?

  A commercial contract lawyer examines the fine print, ensures your interests are protected, and negotiates terms that reduce legal risk.

Personal Injury & Compensation

• Can I get compensation for injuries caused by someone else’s actions?

  Yes. A lawyer for personal injury can advise whether you’re eligible to claim compensation for medical costs, lost wages, or pain and suffering.

• What should I do after a workplace injury?

  Speak to a workers compensation attorney to ensure you receive the support, medical treatment, and compensation you're entitled to.

• Am I entitled to compensation after a car accident in Queensland?

  If you’ve been injured on the road, our car accident lawyers can help you understand your rights and guide you through the claim process.