Do I have to attend your office for an appointment?

No. We represent client’s throughout Australia and overseas. We can accommodate a range of different ways to obtain your instructions include zoom, phone or in some circumstances meeting in the city you are in.

 

How long will it take to resolve the Family Law dispute (either property, parenting or both)?

It really depends on the issues in dispute, and the degree to which you and your former partner agree on the issues to be resolved, if mediation is required or if court proceedings are required. Please contact us to discuss the various ways to resolve your matter and the timeframes that may apply to your case.

 

Is a divorce the same as a property settlement?

No. They are two different things. A divorce can be filed by your or your partner, or jointly. Being divorced means you are legally allowed to remarry. A property settlement involves dividing the assets of the parties. They involve different processes and should be discussed with us to explain the legal implications of both a divorce and a property settlement.

 

Are there any time limits that I should be aware of now that I have separated?

Yes, you need to ensure that you and your former partner have resolved all property issues, by way of final Court order or financial agreement, within two years from the date of separation if you were in a de-facto relationship (i.e. not married), or 12 months following the making of a formal divorce order.

 

I cannot agree with my former spouse about the most appropriate arrangements for our children. What is next? 

Please contact us to discuss the various steps in order to attempt to resolve the issues. Mediation should be preferred over court proceedings, however where the issues need an urgent decision (such as where there are risk issues) an application to the court may be required.

 

Do I have to obtain formal orders to evidence our property agreement? 

Whilst there is no legal basis to finalise the property agreement by way of consent order or financial agreement, however unless you do, you may be exposed for further applications by either parties in the future. A formal court order or a financial agreement are the only ways to finalise the property issues between you and your partner. Without this, either party may be able to make an application to the court for a property settlement at any time. This would also mean that the Court will need to assess the property of the parties at that time (which may be many years after the informal agreement was made).

 

How much will it cost me to finalise the property matters with my former spouse?

The costs involved to finalise the assets of the relationship vary, depending on the complexity and issues involved. Please contact us so we can discuss what our costs may be, and how we can assist you depending on your financial circumstances. You may be eligible to apply for a litigation funder to assist you with the costs of any property settlement.

 

My former spouse wants to share the care of the children equally, do I have to?

There is nothing in the Family Law Act that compels parties to share the care of children equally. All that is required and that such arrangements are considered to be in the children's best interests. It is not uncommon for one parent to have different views for the other parent as to what is in the child's best interest. This can be complex, and we ask that you please contact us if you have any questions regarding parenting arrangements and what orders may be deemed appropriate.

 

My former spouse wants to relocate away from me with the children, what can I do?

It is not uncommon for one parent to seek to relocate with the child, which would thereafter have the effect of reducing the children's time with the other parent. The court does not consider relocation cases different to any other parenting dispute and needs to take into account the best interests of the child. There are a number of factors that the court considers when determining whether or not a party should relocate with the child, and such applications are usually difficult as the court uses its discretion to determine whether or not the relocation should occur. Please contact us to discuss how the law may apply to your proposed relocation/the other parent's proposed relocation.

 

I think my former spouse is hiding assets, what can I do?

It is not uncommon for a party to hide assets leading up to/after separation from their former spouse. The Family Law legislation requires both parties to undertake disclosure of their assets, income, earnings, liabilities, interest, financial resources and properties held by them (or on their behalf) as part of their financial disclosure obligations. There are many tools available to us to uncover undisclosed or hidden assets, which we are happy to discuss with you in conference. In the event that it can be proved that a party has hidden assets, there are substantial implications that may result against the non-disclosing party, including cost orders to be made against them (meaning that they will have to pay your legal costs).

 

Are the assets always divided equally in any property settlement?

No. The Family Law act takes into consideration in a variety of factors, including the value of the assets brought into the relationship, if any, the length of the relationship, each of your respective contributions (being financial and  non-financial), and each of your respective future needs. The court is also required to ensure that any orders they make are just and equitable. This can be a complex process, and we ask that you please contact us to discuss how the assets may be divided in your particular circumstances.