Family Law
What We Can Do for You
Separating from a spouse or partner is often traumatic and brings urgent emotional, practical, and financial challenges. Early legal and professional advice helps protect your rights, safeguard children’s wellbeing, and prevent rushed decisions that can reduce your options later.
Here are just some of the family law related matters our team can help you with:
Divorce
Property disputes
Property settlements
Children / parenting disputes
Consent orders
Binding financial agreements (BFAs), which can be prepared before, during or after marriage
Trials.
In addition to helping you understand the law, we will work with you to:
Identify core issues
Assess your prospects of success
Understand the result you are hoping for and provide you with an estimate of likely costs
Determine a potential compromise if you want to try and minimise costs (and stress).
Want to Know More?
Getting a Divorce
Australia has a no-fault divorce system – married couples can apply for a divorce if their marriage has broken down irretrievably. To apply for a divorce, usually the parties must have been separated for a period of at least 12 months, however in some circumstances, this time can include a period of separation under the one roof.
If you have children under the age of 18 years, the court granting the divorce must be satisfied that proper arrangements have been put in place for the children.
What is a Property Settlement?
A property settlement is the process of dividing a separated couple’s property, debts and financial entitlements to legally finalise their financial relationship. Finalising the settlement lets both people move forward financially separate.
When can a Property Settlement Occur?
A person may seek a property settlement once they separate from a former spouse or de facto partner. There is no requirement to be divorced before settling your financial affairs. However the following time limitations are important to consider:
For de facto partners, any court proceedings for a property settlement must be commenced within two (2) years of separating
The granting of a divorce triggers a 12-month limitation period within which to bring court proceedings for a property settlement or spousal maintenance.
Even ex-partners on good terms should ensure that any agreement reached concerning the division of their property is legally documented and each receives independent legal and financial advice before finalising their affairs.
What steps are Involved in Dividing Property?
The division of assets after separating can be achieved through a financial agreement, consent orders or court proceedings.
Most family law property settlements are finalised without going to court which should only be considered as a last resort.
The Family Law Act 1975 (Cth) encourages separating couples to settle property issues amicably. Full disclosure is essential.
When negotiating how property should be divided the same steps the court usually follows are typically followed. These are:
Identify each person’s assets, liabilities and financial resources (what they own and owe)
Assess each person’s respective financial and non-financial contributions
Evaluate each person’s future needs including their relative earning capacities, state of health, education and responsibilities as primary carer of any children
Make just and equitable orders in consideration of all circumstances.