About James Noble Law

James Noble Law is a team of highly experienced Brisbane family lawyers, mediators and collaborative law experts committed to delivering professional, timely and value-added legal service. James Noble Law will look for alternate resolutions to resolve family disputes to ease the emotional issues and to minimise financial costs. We will examine alternative dispute resolutions that may provide a more suitable resolution including negotiation, collaboration and mediation. All of our solicitors are admitted to practice in the Family Court of Australia, Federal Circuit Court of Australia and Supreme Court of Queensland. Our professional staff regularly conduct family and de-facto law matters in these jurisdictions and are experienced litigators.

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Wills and Estates Planning lawyers in Brisbane

The lawyers at James Noble Law have been drafting and advising regarding succession, Wills and Estate Planning law for over 30 years. We can help you with all of your wills and estate planning needs. Our professional financial and accounting partners can help you plan for your future and for your families. Need assistance planning your Will? We have the legal and financial expertise to get you the fairest possible outcome. Remove hassle and risk with James Noble Law. Once you have secured a financial base it is critical to ensure you are protected for now and the years to come. This can only be obtained under the guidance and assurance of a quality will. Seeking legal guidance? Look no further than James Noble Law. Our expert team of Family Lawyers in Brisbane, Lawyers in Cairns, and Milton family lawyers are ready to assist. Enjoy a complimentary 20-minute consultation – no strings attached.

What is Property Settlement?

What is required to obtain a divorce in Australia? Divorce is dealt with in separate proceedings. The requirement to obtain a divorce in Australia is that an ‘irretrievable breakdown of the marriage/relationship has occurred, in the case of a marriage a 12-month separation with no likelihood of reconciliation is required before an application for divorce can be made. There are three elements of a separation: A decision by one or both of the partiers to end the relationship A communicate of that decision to the other party Acting on that decision to lead separate lives The fault that led to the marriage breakdown is not relevant. The divorce application will not resolve issues relating to children or property. These are dealt with in separate applications. The divorce application details arrangements for the care of dependent children. What is Relationship Property Settlement? Property Settlements include dealing with and dividing all of the property of the relationship such as houses, cars, shares, superannuation, liabilities (mortgage, credit cards), and financial resources (eg. family trusts). The property, liabilities, and financial resources of the relationship can be in joint names, your name only, or your spouse’s name only. The Court assesses all contributions financial or otherwise. The Court is also required to consider the “future factors” which include amongst other things – The age and state of health of each party The physical and mental capacity of each party to obtain employment Whether either party has the care of a child under the age of 18 years Any child support that has been paid by a party Any child support that a party may be liable to pay The necessary financial commitments of each party would enable that party to support themselves, a child, or another person that the party has a duty to maintain. You can reach your own agreement on how you intend to divide your asset pool. You can enter into Consent Orders or a Financial Agreement to make the agreement legally binding. The relevant sections of the legislation in regard to Divorce Property Settlements are set in the Family Law Act 1975 and referred to in this booklet. Reaching a settlement There are alternate means of resolution. Mediation and collaborative practice may provide assistance with you to negotiate this settlement. If by negotiation you cannot resolve the division of your assets then an application can be made to the Family or Federal Circuit Court to obtain a judgment on the division of such assets. The Family Court has the power to deal with financial issues arising from a breakdown in a relationship Pursuant to Section 79 of the Family Law Act, a Court may make such orders as it considers appropriate, altering the interests of the parties to a relationship, including an order for property settlement in substitution for any interest that a party may have in that property and may make an order for the benefit of either or both of the parties or a child of the relationship in such a manner as the Court determines is appropriate.

What is Surrogacy Arrangement?

What is Surrogacy Arrangement? A surrogacy arrangement is an arrangement between a woman (‘the birth mother’) and another person(s) (‘intended parent(s)’) whereby the woman agrees to become pregnant with the intention that the child born is to be treated as the child of the other person(s). This means that the birth mother will relinquish to the intended parent(s) custody and guardianship of the child after the child is born, and the intended parent(s) agree to become permanently responsible for the custody and guardianship of that child. The commercial surrogacy arrangement laws in Australia: Surrogacy laws Australia : SURROGACY ACT QLD A commercial surrogacy arrangement occurs if the birth mother receives any payment, reward, or other material benefit or advantage as a result of the surrogacy arrangement. These arrangements are not legal in Queensland. However, if the intended parent(s) paid for the birth mother’s reasonable medical, legal, and counseling expenses, arising from the surrogacy arrangements, then these payments do not render the arrangements a commercial one. Upon the birth of a child, a parenting order is required by the Children’s Court for the transfer of the parentage of a child born pursuant to a surrogacy arrangement. A parentage order effectively transfers the legal parentage of a child of a birth mother to the intended parent(s). An application for a parentage order for a child must be made 28 days after the birth of the child and before the child is six months old. Applications after this time may be allowed with leave of the Children’s Court. Learn more about surrogacy laws in Australia and it’s legality and eligibility: Is surrogacy legal in Australia? Who is eligible for surrogacy. In pursuit of legal support? Look no further than James Noble Law! Proudly serving Family law serives in Brisbane, Cairns Family law, and Gold Coast Family Lawyers, we are your trusted Family Law advisors. Secure a complimentary 20-minute consultation with our adept legal team – absolutely no commitments involved! Schedule your appointment now to connect with our experienced Family Lawyers.

SHORT FORM ARBITRATION

Short Form Arbitration or in other words engaging a very experienced Accredited Specialist Family Lawyer to make a determination for both parties to separate as to what they are entitled to following the breakdown of their relationship in the form of a written opinion. Avoid court altogether. A cost-effective resolution delivered speedily. Instead of waiting years and going through a very expensive and stressful Court process, why not have a decision given to both parties to the relationship by one very experienced family lawyer? If you need children and financial matters within a short time frame and in a cost-effective manner, then this may be a suitable process for you. Firstly, engage an Accredited Specialist Family Lawyer, and secondly engage a specialist who is highly regarded in the industry. What some people don’t realise is that a select few solicitors have been practicing in the Family Law field for longer than most judges who make well informed and consistent decisions to the standard of a Judge’s decision. This decision can be provided to both parties without the years of torture and financial stress that is often experienced through the Federal Circuit and Family Courts of Australia where you wait in line with other applicants for a decision which may not be handed down for a period of 2 to 3 years.

What is domestic violence?

While domestic violence can look differently for each family, it often includes a pattern of behaviours intended to control or generate fear by one person (the perpetrator or respondent) against another (the victim or aggrieved). This behaviour can manifest in ways that are physical or non-physical. The different forms of abuse can look like: Physical abuse to a person: hitting, punching, shoving slapping, choking, using or pointing weapon; Physical damage to property; Psychological abuse such as emotional or verbal abuse, insults, offensive language and constant put-downs; Social abuse such as preventing the victim from leaving the home, deliberate geographical isolation, controlling the use of the phone and restricting contact with family and friends; Financial abuse such as restricting access to money or providing insufficient funds for necessities; Sexual abuse such as non-consensual intercourse or sexual acts, including child sexual abuse where a parent or care giver involves a child in sexual activity; Technology-facilitated abuse such as threatening or insulting text messages; or Spiritual abuse such as not allowing a person to practise their religious or cultural beliefs.[1] It is important to acknowledge that coercive control falls under the umbrella of domestic violence and describes a pattern of behaviours aimed at controlling an intimate partner and/or family members.[2] The effects of coercive control can be devastating and can include the loss of the victim’s autonomy, freedom and sense of trust for others.[3] If you have experienced any of the above behaviours – If you have experienced any of the above, we strongly advise that you contact the police or seek legal help as soon as possible. From there, it is likely that a protection order can be made by the Magistrates Court to protect you and your loved ones. By successfully applying for a domestic violence order, the courts can enforce such an order to ensure that the respondent is legally bound to refrain from conducting any of the behaviours listed above against the aggrieved or a named person.

What is a Consent Order?

Consent Orders represent a legally binding agreement mutually agreed upon by you and your former partner, outlining the arrangements for your child/ren and/or property post-separation. Consent Orders require signatures from both parties before being officially lodged with the Federal Circuit and Family Court of Australia. Due to lengthy Court delays and the stress and cost associated with taking your family matter to Court, we are finding more and more clients coming to us requesting consent orders and other agreements that they have come to through negotiating (or some other method) with their former partners. These clients are asking for us to help them obtain orders that are binding on both parties and that will allow for a final separation of children’s and financial issues and provide certainty for their future. If you have come to an agreement and want a fast and efficient way of getting your agreement made into Orders that will result in a binding and enforceable document, applying for consent orders may be the best option for you. Parties can enter into Consent Orders to finalise the arrangements in relation to property, children, and spousal maintenance by signing an Application for Consent Orders document along with Minutes of Consent (being the actual orders you want the Court to make) and lodging the documents with the Federal Circuit and Family Court of Australia. Your Application will then be considered by the Court and, should the Court consider the Order to be just and equitable and/or in the best interest of the children, the Final Orders will be made by a Judicial Officer of the Cout.

Child Support Agreement

Child Support Agreement: Child support is governed by the legislative instruments of the Child Support (Registration and Collection) Act 1988 and the Child Support (Assessment) Act 1989. Separating from a partner or spouse either through a divorce or the end of a de facto relationship is often the most difficult and emotional process a person can go through. This is especially true when young children are involved. The Commonwealth Child Support Laws are designed to ensure the interests and wellbeing of children are satisfied, by balancing the parenting arrangements of the parties and the capacity of each party to support the child. As many situations are unique, determining the appropriate option for your situation often requires legal expertise and advice. How is child support is paid? There are different forms of child support arrangements which the parties may enter into, each depending on your current financial position. It is also possible for the parties to willingly negotiate the terms of how child support is paid. However, generally, there are three main child support options to consider: Child Support Agreement; Child Support Assessment; and Court Ordered Child Support.

Arbitration Act Australia

Arbitration Act Australia is a Viable Alternative to Litigation. The process that is used to submit a dispute by a party and the agreement to one or more arbitrators who make a binding decision on the dispute. In the case of arbitration law or family law arbitration, the parties choose the process of settling personal disputes without going to court. I was in Court recently on the first Mention date of an application by the husband seeking Orders for the division of the net matrimonial assets of his relationship with my client. Both parties requested Interim Orders to acquire specific items of furniture and personal property before reaching a final decision on the division of their assets. Extensive negotiations took place on the morning of the Court Hearing between myself and the solicitor acting for the Applicant. Finally, the parties were able to agree on the husband retaining certain items of property and my client retaining certain items as well. The parties were able to resolve their Interim Applications. We appeared before the Judge when Interim Orders were made by the Court. In regard to the remaining substantive issues concerning the ownership of the former matrimonial home, retention of shareholdings and options of the husband in his employer company, the division of superannuation, and the division of the remaining assets, the Application was put on the list of the pending cases for trial. The parties had already attended a formal Mediation which they had paid for but without successfully negotiating a settlement.

Latest Posts

James Noble Law

28 Aug 2025

Can a Binding Financial Agreement Be Overturned? Here’s What You Need to Know

Binding Financial Agreements (BFAs), commonly known as prenups or financial separation agreements, are legal documents designed to give couples clarity and certainty when it comes to managing their assets and finances in the event of separation or divorce. But what happens if one party feels the agreement was unfairly made? Can a BFA be challenged or set aside by the Court?

The answer is yes, but under extremely specific circumstances.

In this article, we’ll break down when and how a BFA can be overturned, what the law requires for it to be binding, and how James Noble Law, with offices in Toowong, North Quay (Brisbane CBD), and Robina on the Gold Coast, can help you understand your legal options.

Table of Contents

What Is a Binding Financial Agreement (BFA)?

Binding Financial Agreement (BFA)

Can a Binding Financial Agreement Be Overturned

A Binding Financial Agreement is a private contract between two people in a relationship prior to marriage, during marriage, after divorce or in a de facto, that outlines how assets, property, and financial resources will be divided if the relationship ends.

When valid, these agreements override the Court’s usual powers to make property or spousal maintenance orders. This means the Court will only intervene if there is a serious legal issue, such as fraud, duress, or non-disclosure.

Legal Requirements for a BFA to Be Binding

Under the Family Law Act 1975, particularly sections 90G and 90UJ, a BFA must meet strict legal criteria to be valid. These include:

1.The agreement must be in writing and signed by both parties.

2. Each party must receive independent legal advice from a qualified lawyer before signing.

3. The legal advice must include:

The effect of the agreement on their rights.

The pros and cons of signing the agreement.

4. A signed statement confirming that legal advice was given must be provided. While this statement does not need to be attached to the BFA, it must be shared with the other party or their lawyer.

5. The BFA must clearly identify the section of the Family Law Act under which it is made.

Failure to meet any of these requirements could make the agreement unenforceable.

Can the Court Set Aside a Binding Financial Agreement?

Yes-but only in specific situations. Section 90K of the Family Law Act provides a clear list of circumstances where a Court may order a BFA to be set aside.

A BFA may be overturned if:

Fraud occurred, such as the non-disclosure of a significant asset or liability.

A party entered an agreement to defeat or defraud creditors.

A party acted with reckless disregard for the interests of a third party (such as a new partner or de facto spouse).

The agreement is void, voidable, or legally unenforceable (for example, due to technical drafting issues).

There has been a material change in circumstances affecting the welfare of a child, and enforcing the agreement would cause hardship.

The agreement was made under duress, due to undue influence, or unconscionable conduct.

A superannuation interest in the agreement cannot be split under the current law.

The agreement has become impracticable to carry out, often due to significant life changes since it was signed.

The Importance of Full and Frank Disclosure

Disclosure is one of the cornerstones of a valid BFA. As highlighted in the case of Adame [2014] FCCA 42, even if the agreement itself does not list specific asset values, the parties must still disclose their financial resources and assets honestly and fully, whether in the agreement or through negotiations.

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James Noble Law

25 Aug 2025

Are Binding Financial Agreements in De Facto Relationships Truly Watertight?

Why Legal Protection Matters in De Facto Relationships

As de facto relationships become increasingly common across Australia, many couples are choosing to live together and share their lives without formal marriage. But with shared lives come shared assets, and when relationships break down, dividing property can quickly become a complicated and emotionally fraught process.

Enter the Binding Financial Agreement (BFA). This legal document aims to protect the assets you brought into the relationship and clarify how property should be divided if things do not work out. But just how bulletproof are these agreements?

If you are in Brisbane, the Gold Coast or Cairns, the experienced team at James Noble Law is here to guide you through every step of drafting or challenging a BFA. Within Brisbane, James Noble Law has two locations at Toowong and North Quay for your convenience.

What is a Binding Financial Agreement?

What is a Binding Financial AgreementA Binding Financial Agreement is a legally recognised document under the Family Law Act 1975 (Cth) that outlines how property, financial resources, and spousal maintenance will be handled if a relationship ends.

While commonly associated with marriages, BFAs are equally vital in de facto relationships, especially when there is a significant disparity in the financial standing between partners.

A BFA acts as a contractual “insurance policy” for your financial future. For those entering a de facto relationship with substantial assets, business interests, or family obligations, this agreement can offer peace of mind and clarity.

Why You Might Need One: Real-World Scenarios

Consider these situations:

You own a home prior to the relationship and want to ensure it remains solely yours if things go south.

You are receiving a family inheritance and want to ring-fence it from future claims.

There is a significant difference between your income and your partner’s, and you wish to protect yourself from post-breakup financial disputes.

In all these cases, a properly executed BFA can offer powerful protection-if it is done right.

But Are They 100% Watertight? Not Exactly.

Despite the strength of a well-drafted BFA, these agreements are not completely foolproof. The Family Court does have the power to set them aside in certain circumstances. At James Noble Law, with offices in Brisbane (located at Toowong and North Quay), Gold Coast and Cairns, we regularly advise clients on how to bulletproof their BFAs as much as the law allows.

Let us explore some of the most common pitfalls that can make a BFA vulnerable to challenge:

Failure to Disclose Financial Informatio

One of the most critical requirements of a Binding Financial Agreement is full and frank financial disclosure. If one party fails to disclose all assets, income, liabilities, or financial resources, the court may determine that the agreement was based on misleading or incomplete information and set it aside.

For example, if someone hides overseas bank accounts or underreports their income, the integrity of the agreement collapses. Transparency is not simply good practice-it is legally essential.

Duress or Undue Influence

BFAs must be entered freely and voluntarily. If one party was pressured or coerced into signing the agreement, it can be rendered invalid. A common red flag? Ultimatums like “Sign this or we’re not moving in” or “No BFA, no wedding.” Such pressure could be deemed legal duress.

At James Noble Law, we take care to ensure that both parties understand their rights and make decisions without pressure-an essential step to safeguarding the agreement’s enforceability.

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James Noble Law

21 Aug 2025

Some Common Misconceptions about Family Law

Family law Misconceptions

Family law covers a whole spectrum of situations and legalities, and everyone’s circumstance is a little different. While there are definite laws in place, there are variations on these laws depending on the particular situation they are being applied to.

Because the area of family law is so vast, many people harbor some common misconceptions about how family law works, and in many cases believe certain outcomes are rigid when they’re not.

Let’s take a look at a few common misinterpretations when it comes to family law.

A Property Settlement Can Only Happen After Divorce

PPP listGoing through a divorce is an extremely stressful and confusing time for many and it can be hard to think rationally and logically. Because of this, many couples don’t realise they don’t have to actually wait to get divorced before working out a property settlement.

The fact is that you can start negotiating a property settlement – assets, liabilities, and so on – at any time after separation, and it’s wise to get it sorted as soon as you can. Once a certificate of divorce has been issued, then you have 12 months from that date to get the property settlement agreed to and finalised.

Child Custody Will Automatically Be a 50-50 Split

An even split when it comes to the custody of the children sounds good in theory and fair, but circumstances don’t always allow for that to be the best outcome. A 50-50 split doesn’t necessarily work best for everyone, and the law doesn’t stipulate that this is how child custody will be granted.

When it comes to the Family Law Act, the emphasis is always on what’s best for the children. The parents’ needs and wants are secondary. Many times parents are given equal rights to decision-making when it comes to the schooling, health and needs of their children, but not necessarily equal rights when it comes to which parent gets to spend the most time with the children.

It’s always best to seek legal advice on this very early on, and work towards developing a parenting agreement that works out best for everyone.

My Partner Is Entitled To Half My Assets

Child custody

This is also a very common assumption, that upon the split of a long-term relationship or divorce, your partner is automatically due to receive half of the assets.

It’s never as simple as that, and again, seeking legal advice early will help clear all this up.

The split of assets can depend on many factors, such as:

A prenup agreement

Who owned what assets at the start

Are there children in the relationship?

The duration of the relationship

And many other factors…

Need Legal Help? Talk To Your Local Family Law Experts

James Noble Law is the Brisbane family lawyers team you can count on in Brisbane for all matters pertaining to family law. Don’t try and guess your legal position or assume anything. No-obligation 20-minute consultation. To schedule an appointment with one of our Qualified and experienced and Best Family lawyers Brisbane. Make an appointment to talk to us first, so you have a far better understanding of exactly where you stand when it comes to the Family Law Act and your rights.

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James Noble Law

20 Aug 2025

James Noble Family Law – A Brisbane Law firm

Welcome to Brisbane law firm with more experience than just about any other. Accredited Specialist James Noble has been practicing in the Family Law field for about 50+ years. What he doesn’t know about family law in Brisbane and Australia is not worth knowing.

The James Noble Family Law name is changing to reflect the new direction the firm is taking in expanding its law services. Combined with the introduction of a well-experienced and respected lawyer to join James at the helm of the Family Law giant in Brisbane, things are on the up and up.

With Family Lawyer, Charles Noble taking an interest in the firm a rebranding was always going to be on the cards and now it can be shown that James and Charles proudly work together to offer the best family law services for clients anywhere anytime.

Building Solutions & Breaking Barriers with James Noble Family Law

James noble family lawAfter a short stint combining forces with another firm James Noble Family Law saw the opportunity to grow and develop outside of their model, using technology to deliver services to clients thereby reducing client costs and giving the firm the ability to work from anywhere and have access for the clients at any time.

James Noble Family Law was frustrated with the old-school charges for copying, printing, emailing, and “care and consideration” with the firm they were associated with. The charges to clients seemed to be getting higher and the charge-out rates of the lawyers were also increasing.

Many of our clients were unhappy and that is not how James Noble Family Law has been perceived in the past and nor was we willing to go ahead on the same path. A client and outcome focus is our goal now (as it was before) and we do not charge clients any more than an hourly rate and any Court or outside fees that are out of our control.

At Noble & Noble Lawyers what you see is what you get.

Lower professional fees and all the experience in Family Law, Domestic Violence Law, Wills, Estate Law, and now Environmental Law give clients the best service for less. We pride ourselves on our availability, transparency, discretion, and dedication to serving our clients. Your expectations will be exceeded when you deal with Noble & Noble Lawyers.

Beyond Results.

We know that in many family law and other matters, emotional and personal aspects of your lives are something you may wish to keep “off the table” we understand this and pride ourselves as the most discrete family lawyers Brisbane has to offer.

We have the ability for clients to meet with us at our main office at Level 10/95 N Quay, We can offer a personal touch when needed.

Our new systems allow you to contact us anywhere throughout Australia, and even the world, with online video conferencing built into our new website. Of course, we can talk with you by phone from wherever you are also.

We have developed paperless systems and are employing legal firm management software to streamline our systems and thus limit our reliance on support staff. Our running costs are now substantially less which flow onto you.

With a network of the best Accredited Specialist lawyers to rely on in all areas of law as well as close associations with Accountants, Financial Planners, Psychologists / Psychiatrists, and other professionals. We can offer you a holistic approach to your legal problems.

Welcome to the newest force for the best family lawyers in Brisbane servicing you with the highest quality legal services learned through our extensive experience.

Exceeding expectations and delivering them with lower costs. The legal industry is changing, don’t be left behind with old-school charging practices and business models.

Need Legal Help

It’s time to keep your money in your pocket but not in your lawyers. Contact us today. Noble Law for a free 20-minute consultation with one of our highly experienced family law solicitors today.

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Where to find James Noble Law

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James Noble Law

Name: James Noble Law
Address: Brisbane, QLD, 4000, AU
Telephone: (07) 2112 3947
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Family Law Solicitor in Brisbane, QLD 4000

When navigating the complexities of family law, having the right legal support is essential. Family lawyers specialise in areas such as divorce, child custody, asset division, and domestic violence, providing invaluable assistance during some of life's most challenging times. James Noble Law stands out as a trusted provider of family law services in Brisbane, committed to guiding clients through the intricacies of family-related legal matters.

At James Noble Law, clients can expect a comprehensive approach to family law. The team understands that each case is unique, and thus offers tailored solutions to meet individual needs. Whether facing the emotional strain of a separation or needing advice on parenting arrangements, James Noble Law possesses the expertise to handle various family law issues with sensitivity and professionalism.

The firm provides a range of services designed to support clients through their legal journey. These include divorce proceedings, where James Noble Law ensures all legal requirements are met and clients are informed every step of the way. For those dealing with child custody disputes, the lawyers at James Noble Law focus on achieving fair outcomes that prioritise the well-being of the children involved. Additionally, the firm offers mediation services, providing a platform for amicable resolutions without the need for lengthy court battles.

Asset division is another critical service provided by James Noble Law, where the lawyers navigate the complexities of financial settlements, ensuring that clients receive a fair distribution of shared assets. Furthermore, the firm is equipped to handle matters of domestic violence, offering compassionate legal support for those in need of protection and guidance.

With a deep understanding of family law in the Australian context and a commitment to their clients, James Noble Law in Brisbane is dedicated to fostering a supportive environment for individuals facing family legal issues. The team's extensive knowledge and experience ensure that clients receive not only strategic legal advice but also the emotional support necessary during these trying times.

For anyone seeking reliable and professional family law services in Brisbane, James Noble Law is the ideal partner to help navigate the path forward.

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