Frequently Asked Questions

Do I really need a Family Lawyer?

Getting legal advice on your property and parenting matters is imperative to ensure your financial future is secure and that any agreement is legally binding. A family law can help you understand your legal rights and responsibilities and may be able to help you reach an agreement without going to court.

I received a letter from my ex’s lawyer, now what?

DO NOT IGNORE IT! The letter will usually have a time frame to respond. To prevent your ex taking you to court. it is recommended to respond before the time frame. Some issues need to be attended to soon after separation, and the longer you leave it, the more complicated and expensive it may be.

I am due to appear in court, help!

Preparation is the key. Have all your necessary documents clearly organised and bring a note pad and pen Arrive at least 30 minutes early, find what court room and level you are on and sign in at reception. Speak clearly to the judge, be courteous and listen carefully. We recommend getting legal advice prior to any court hearing.

We can’t reach an agreement, what do we do now?

The first step is generally a form of dispute resolution. This is when you and your ex attend a conference style mediation with an independent person to address the outstanding issues with a view to reach an agreement.

My ex isn’t paying child support!

If you and your ex have a private arrangement which stops, you can contact the Department of Human Services (DHS) for a child support assessment. They will then directly start collecting the payments. When DHS is already collecting, they will take action to enforce that the payments are made.

How do I get a passport for the children when my ex is refusing consent?

In some circumstances, you may be eligible for an exemption from the Australian Passport Office. In cases where that does not apply, you will need to seek an order from the Family Court allowing you to get a passport for the children.

Am I in a de-facto relationship?

If you are not legally married, not related and you have been living together on a genuine domestic basis for at least 2 years, you are in a de-facto. However there are other exceptional circumstances that may apply, such as if there is chid(ren).

Can I get divorced if I don’t know where my ex is? .

You may have to apply to the Court to dispense with service of the application. Things the court considers are what efforts you have taken, what further steps could be taken, likely costs and any other possible methods.

My ex has sold valuable assets without my knowledge, what are my rights?

It is important that written notice is provided as soon as you become aware of assets being sold. If no response is provided, you may need to consider making an application to the Court. The Court will look at what was sold, the reasons why and where the funds have been held. If it was intentionally, the Court may consider the funds being added back.

How long does it take for a property settlement?

This depends on whether an agreement is reached, or if it is in Court. Depending on you and your ex’s conduct, the process can take as little as 6 months and as long as 2 years.

My friend got 70% in their divorce, would I get the same?

There is no presumption or starting point when it comes to a property settlement. There are relevant factors that need to be considered and an assessment needs to be made as to the asset pool.

What happens to debts when going through separation?

There are no set rules as to who is responsible to pay the liabilities after a separation. It is important to stay on top of the payments to ensure the debts to not start to build up and damage your credit rating. Consider making an agreement with your ex that you each pay a proportion according to you financial situations, and until property settlement is reached.

Does moving out effect my claim to the family home?

Who remains living in the family home and who moves out does not affect the property settlement. It is not necessarily about who owns what, but the contributions made initially, during and post.

Am I entitled to spousal maintenance?

If you are unable to adequately meet your own reasonable expenses and your ex has the capacity to pay, you may be able to receive maintenance. There are various factors the courts considers however, such as financial resources; your age and health and if there are children from the relationship. Spousal maintenance is not automatic and is often considered as part o an overall settlement.

*general information only. We recommend you seek legal advice to ensure accuracy and relevancy