Frequently asked questions

What will happen when I get in touch with Minors Family Law?

We’ll have a brief discussion with you over the phone regarding your situation or any other concerns you may have. This will be followed by an appointment to visit us for a further, more detailed initial consultation assisting us with evaluation and next steps for you.

Is the law applied differently to same-sex marriage / couples?

Same-sex de facto couples receive the same entitlements as opposite-sex couples and their families. Family law is applied in the same way in both circumstances.

Will I need to go to court?

At Minors Family Law, our family law solicitors will evaluate and determine every possible method of resolution without the need for court proceedings. However, whether you or your family are required to make a court appearance primarily depends on the specific circumstances of your case.

Please see our Court Proceedings page for further details.

Am I able to relocate with my children after separating?

Whether a court grants you the legal right to relocate with your child or not depends on many factors.

These may include, but are not limited to:

  • The type of relationship the child has with each parent.
  • How the relocation will affect the children
  • Considering the child’s views and how they correspond with the child’s best interest.
  • A parent’s capacity to provide a means of financial and emotional support to the child.
  • Possibilities leading to future conflicts or court proceedings in any way
How will my Binding Financial Agreements be handled?

Binding Financial Agreements and Prenuptial Agreements are a complicated part of family law matters.

These Agreements relate to the financial aspects of the two parties and how they may be separated. These agreements outline details in the event of a relationship collapse such as determining who is entitled to finances and other assets and by what means.

All Binding Financial Agreements differ greatly between cases meaning there is no simple answer as to the results of managing, disputing or resolving them.

How can I apply for a divorce and what is the process?

Our family law specialist will prepare and serve an Application for Divorce upon your spouse. Depending on the nature of the divorce, you may or may not be required to appear in court. Once the application is filed it generally takes 6-8 weeks for the official hearing to happen.

Once the court is satisfied after consideration of all circumstances, you may be granted the divorce in which case it will be finalised one month and one day after the proceedings.

Please refer to our Divorce page for more information.

I've heard jointly owned assets will be split 50/50. Is this true?

Property settlement is a complicated area. However, there is no such law guaranteeing that you and your spouse will receive an equal share in the value of your assets or property. Many factors will be assessed by the courts before determining who is entitled to what assets after separation.

Do time limits apply with family law matters?

Yes, they do. Time limits exist for the following matters/applications:

 

  • Defacto Couples – Property settlement and spouse maintenance orders must be filed within 2 years of separation.
  • Married Couples – Property settlement applications must be submitted within 12 months of the divorce being finalised.
  • Divorce applications – Couples can file for a divorce after they have been separated for at least 12 months.
What if I'm not happy with any of the outcomes/arrangements that the court decided for us?

If you’re not entirely satisfied with a decision made in your matter, you may have a chance to appeal the arrangement or decision.

How much will legal advice and/or representation cost me?

Our aim is to provide you with the best possible legal services, knowledge and advice while keeping costs and fees to a minimum. However, we can’t provide you with an accurate or realistic cost estimate until we assess and evaluate the nature of your situation.

Please visit us at our Drummoyne offices or call our team to discuss your matters for a more detailed cost estimate.

My partner and I are still on good terms. Can we work out an informal financial arrangement between us?

Yes, you can, but you should still arrange for this to be drawn up as a legal document. This is actually recommended by family law lawyers as this option (if possible), is ideal to avoiding having to attend court, saving everyone involved a substantial amount of time, money and hassle.

Do you need more information or family law advice?

If you have further questions or require personalised advice, get in touch with us today.