What type of lawyer is best for a divorce or separation?
For divorce proceedings, it’s essential to hire a family lawyer who has family law expertise in property settlements, parenting arrangements and spousal maintenance. A specialist divorce lawyer can provide focused advice on the financial arrangements and living arrangements during separation. They will offer sound legal advice to ensure your interests are protected, particularly in family law disputes that can impact both you and your former spouse.
For particularly complicated matters, working with an Accredited Family Law Specialist who has extensive experience in delivering family law services may be advised. Choosing someone whose approach you trust is recommended because the solicitor you choose will be working with your family and your financial matters.
What can I expect in my first consultation? What questions will I be asked?
During your initial consultation with family law solicitors, you will discuss the details of your relationship breakdown, including children, assets and any matters such as family violence or other relationship dynamics. You’ll be asked questions about your financial interests, living arrangements and potential spousal maintenance or child support payments.
Your chosen lawyer will assess the best course of action, explain the costs and legal process for divorce proceedings, and offer timely legal advice based on your specific situation.
What is the legal process for finalising a divorce?
To finalise a divorce in Australia, the process involves filing a divorce application, which may require a court hearing. Your family law team will guide you through the paperwork, ensuring proper service and adherence to legal timelines. Once the divorce order is granted, property settlements and parenting arrangements can be finalised. You may also need family mediation for any other family disputes to reach a resolution.
Are there time limits for property settlements after a divorce?
Under the Family Law Act, after a divorce or de facto separation takes place, you have a limited time to resolve parenting and financial matters. For married couples, property settlement applications must be made within 12 months of the divorce order.
For de facto couples, the time limit is 2 years from the date of separation. Missing these deadlines may impact your ability to make a claim. It’s essential to seek legal advice from a family law firm early on.
How long does a typical family law case take?
The duration of a family law dispute depends on the complexity of the issues involved. Simple cases may be resolved within a few months. However, more complex matters, including property settlements or disputed cases involving child custody or family violence, can take over a year. Family law proceedings can be expedited through family mediation, reducing the time it takes to reach a final agreement. Get in touch with our family law team in Coorparoo for assistance with all aspects of family law.
What is coercive control?
Coercive control refers to a pattern of behaviour used by one partner to dominate or manipulate the other, often involving intimidation, threats, and emotional abuse. It is a form of domestic violence and has been increasingly recognised in Australian family law. If you’re facing coercive control, it’s crucial to seek legal advice immediately to protect your safety and seek appropriate family law remedies such as intervention orders.
What is financial duty of disclosure in family law matters?
In family law matters, both parties are required to disclose their financial position fully, including all assets, liabilities, and sources of income. Full financial disclosure ensures that property settlements are fair and that neither party hides assets.
Failing to provide complete information can result in legal penalties. Timely legal advice from an experienced family lawyer can ensure you comply with financial disclosure requirements during family law proceedings.
Can I apply for financial support after a marriage or separation from a de facto relationship?
Yes, you can apply for financial support after separation if you were married or in a de facto relationship. Under family law, the aspects of family law governing marriages and de facto relationships are similar. In both situations, either party may be entitled to a property settlement and/or spousal maintenance, depending on factors like the length of the relationship and financial contributions. It’s important to seek advice from experienced family lawyers to understand your options.
Can superannuation be cashed out after it's transferred in a property settlement?
No, superannuation cannot be cashed out immediately after it is transferred as part of a property settlement. It remains in the superannuation fund until you meet the legal requirements, such as reaching your preservation age.
This ensures that superannuation continues to serve its intended purpose as a long-term financial asset. Working with experienced family lawyers, Brisbane, can help ensure that your superannuation is properly valued and divided during family law proceedings.
How much will a divorce cost?
The cost of getting a divorce without legal assistance can be found here. Legal fees will be additional. Other costs associated with getting a divorce can vary depending on the complexity of your case. For cases involving property settlements, parenting arrangements, or disputes over child support payments, costs can rise. Family law advice from an experienced family lawyer can help you understand the potential costs and ensure that you receive affordable legal services without compromising on quality.