FAQs

Look for someone who is experienced, communicates clearly, understands your goals, offers transparent pricing, and makes you feel supported. A good family lawyer is both a strong advocate and a compassionate guide.

Fixed fee firms provide upfront pricing for legal services, so you know the total cost before you begin. Traditional firms bill by the hour, which can result in unpredictable costs. Fixed fee models promote transparency and control.

Big firms may have more resources but can feel impersonal. Small firms often manage lower caseloads, offer more personalised service, direct access to your lawyer, and greater flexibility. Choose based on the approach that suits your needs.

Your separation date is the day one or both partners decide the relationship is over and communicate that decision. It doesn’t need to be mutual but must be clear.

Yes. You can be separated and still live under the same roof. You'll need to show changes in the relationship such as sleeping arrangements, finances, and communication.

Seek legal advice early to understand your rights and responsibilities. Start gathering financial documents and consider making arrangements for children and living situations.

You may be in a de facto relationship if you have lived together for at least two years, have a child together, or have interdependent finances. De facto relationships have many of the same legal rights and responsibilities as marriages.

You can apply for divorce after being separated for at least 12 months, whether married in Australia or overseas.

The process typically takes 4 to 6 months from filing to the divorce becoming final.

You can apply together and share the cost, or one person can apply and pay the filing fee. In some cases, the fee can be waived.

Yes, most divorces are granted without attending court, unless there are children under 18 and you're applying alone.

Yes, but you must provide additional evidence that you are truly separated under one roof.

Yes. Parenting arrangements can be resolved at any time after separation.

No. Australia has a "no fault" divorce system. The only requirement is 12 months of separation.

As soon as you consider separation or divorce. Early advice can help you make informed and strategic decisions.

Property includes all assets and liabilities of both parties: homes, cars, superannuation, debts, savings, businesses, and even inheritances.

Yes. Divorce and property settlement are separate legal matters. You have 12 months after your divorce to finalise property matters.

Not necessarily. Most settlements are resolved through negotiation, mediation, or consent orders without going to court.

If negotiation and mediation fail, the matter can be determined by the Court.

The Court looks at the property pool, contributions made by each party, future needs (like care of children or earning capacity), and aims for a fair outcome.

There is no fixed formula. The Court considers financial and non-financial contributions and future needs to reach a just and equitable division.

Property is assessed based on ownership and contributions. You may still have entitlements even if assets are not in your name.

This includes financial input, caring for children, homemaking, and support of the other partner's career or education.

Both parties remain liable if both names are on the loan, regardless of who lives in the property.

It depends. Staying may protect your interests but can increase tension. Seek legal advice before deciding.

Everything either of you owns or owes, including jointly or individually held property, before, during, and after the relationship.

It is the obligation to provide complete and honest financial information to the other party.

It is financial support paid by one spouse to the other when one cannot support themselves adequately.

The law prioritises the child's right to have a meaningful relationship with both parents and to be protected from harm.

It depends on the child’s age, needs, and the circumstances of the parents. Shared time doesn’t necessarily mean equal time.

Use age-appropriate language. Be honest, reassure them it’s not their fault, and avoid blaming the other parent.

Children have rights. Parents have responsibilities. The focus is always on the child’s best interests.

No. The Court assesses what is best for the child. Both parents are treated equally under the law.

Stay actively involved, communicate with the other parent, and consider parenting plans or court orders if needed.

Usually yes, especially for parenting matters. Mediation is a required first step before going to court.

Each party meets with a mediator to discuss the issues and try to reach agreement. It can be done jointly or separately.

Good faith participation and full financial disclosure (for property matters).

An FDRP is accredited to conduct mediation for parenting matters under the Family Law Act and issue certificates required for court.

Costs vary. Some services are free or low-cost. Private mediators typically charge based on time. Legal aid may be available.

In some urgent or exceptional cases, yes. Otherwise, mediation is generally required first.

It begins with filing documents, followed by court dates for directions, interim orders, and eventually a final hearing if needed.

It depends on the complexity of the case and court availability. It may take months to years.

Costs vary based on the lawyer’s fees, court fees, and how contested the matter is. Fixed fees can provide more certainty.

These are legally binding agreements approved by the Court. They can cover property and parenting arrangements.

These are written agreements about parenting, signed by both parents. They are not legally enforceable but can show good faith.

These are private contracts about property or spousal maintenance, enforceable under the Family Law Act.

Parents can enter binding or limited child support agreements, which must meet certain legal criteria.

These are binding decisions made by the Federal Circuit and Family Court of Australia if the parties can’t agree.