Family Law
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Our Family Law Department.
When family circumstances change, having a team behind you that genuinely cares makes a meaningful difference. Our experienced family lawyers provide strategic advice across parenting arrangements, property settlements, financial agreements, and separation matters. We take the time to understand your circumstances, advance your interests, and guide you through the process with clarity, discretion, and a focus on practical, balanced outcomes.
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Family Law Department
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Frequently asked. Clearly Answered.
No. Applying for divorce is a separate legal process that simply ends the legal marriage between two people. The negotiation (or litigation) of both parenting and property matters can occur before, during or after the application for divorce. Once a divorce has been granted there is a 12-month time limit for parties to commence proceedings in the Federal Circuit and Family Court of Australia for property or spousal maintenance proceedings (unless leave is otherwise granted by a Court).
No. There is no presumption of a 50/50 split in property matters. The Court considers multiple factors, including what assets and liabilities exist, whether a property settlement should occur, what the respective contributions of the parties were, future needs and/or whether the outcome is just and equitable. Some matters end up with a 50/50 division; many do not.
Not directly. A child’s views and wishes may be taken into account when considering what arrangements are in their best interests long term, however, those views are only one factor and are not determinative.
No, they are two separate systems. Child Support relates to the financial responsibility of parents to maintain their children, whereas parenting arrangements refers to the time the children spend with parents.
Most matters do not end up in Court. The vast majority of family law disputes settle through negotiation between the parties, representatives and mediation. Court is an option of last resort if there are safety concerns, urgency, or entrenched disputes. Simply because Court proceedings have commenced, it does not mean you will go all the way to a Final Hearing. Many matters often resolve throughout the Court process.
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