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1. What do I expect from my first conference?
We will:
- Obtain relevant information from you.
- Discuss your situation, advise you about our services and how we can help.
- Provide you with preliminary advice; discuss your different options.
- Discuss our fee schedule and the likely legal costs involved.
2. Should I bring anything to my first conference?
You do not have to bring anything with you to the first meeting, however, to assist us to provide you with accurate and timely advice it might be useful if you bring:
- Any court documents or correspondence you may have received from your spouse/partner or his or her lawyer.
- A chronology (or “time-line”) setting out the relevant events during your marriage, such as:
- your and your former partner’s date of birth;
- date of birth of any children;
- date of your marriage or commencement of living together;
- date of final separation; and
- any other significant event such as the purchase and sale of assets; any
inheritance; and gifts or loans from parents or relatives.
- Any relevant documents concerning your financial position, including
- those relating to the assets owned by each of you at the commencement
of your relationship;
- a list of your current assets, liabilities and financial resources;
- supporting documents including settlement statements and contracts of
sale and purchase; bank statements; pay slips; tax returns;
superannuation statements; financial statements and the like.
- financial statements relating to any Company or Trust in which either of
you are involved.
- A breakdown of your weekly income and weekly expenses.
3. What is a Divorce? When and how can I apply for a Divorce? What happens once my application is filed?
Please see our section on Divorce.
4. What happens if we go to Court?
Please see our section on Your Day at Court and the Law and You.
5. How does the Court divide assets between married but now separated couples?
Pursuant to Section 79 of the Family Law Act, the Family Court and the Federal Magistrates’ Court have the power to adjust property and financial resources held by parties to a marriage. The division is based upon contributions each has made to the marriage and certain other factors.
Applications for property settlement between parties to a marriage may be made anytime within 12 months of the date of a divorce becoming final.
Please see our section on: Property Settlement
6. How is child support established?
1 July 2008 has seen significant changes to the Child Support Legislation.
Child support is calculated in accordance with formulae set out in the governing legislation. Refer to our Free Resources for access to the Child Support Agency
Child support may also be agreed between the parties. That agreement can be confirmed in a binding Child Support Agreement pursuant to Section 80 of the Child Support (Assessment) Act and can act in substitution for a child support assessment which is issued by the child support agency. The Agreement requires independent legal advice for each parent.
Please see our section on Child Support.
7. Is superannuation taken into consideration in a property settlement?
Superannuation is considered property pursuant to the Family Law Act, when dividing assets between parties to a marriage will take superannuation into account in any adjustment of property interests.
Superannuation can be split between you and your spouse by Court Order or by Agreement.
8. In the event I can’t settle my matter how can I afford to pay my legal costs?
We may be able to assist you to obtain an advance on your prospective settlement entitlement.
There are financial institutions, which provide funding to approved persons who are involved in matrimonial and/or de facto relationship property proceedings, to meet their legal fees and in some instances enough to meet their day to day living expenses.
It may be possible for one party to ask the Court to order the other party to contribute to their legal costs. Such orders are made regularly in the Family Court in appropriate cases. Occasionally interim property settlement can be negotiated or Ordered before a final court hearing.
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