FAQs

Family Law FAQs

Do you need to be divorced to commence property proceedings? No, you do not need to be divorced to commence proceedings for property settlement, or obtain an order in relation to property.

Is there a time limit in commencing property proceedings?

For married couples property proceedings must be commenced within 12 months of a divorce becoming final.  The time limit does not begin to run until the divorce is finalised.

For de facto couples:

• • Generally speaking the parties need to have lived in a domestic relationship for a  period of at least 2 years.
  • That minimum time period does not apply where:-
    • There is a child of the parties; or
    • The applicant has made substantial contributions to the acquisition or improvement of the parties' property.
  • An application must be made within 2 years of the date of the relationship ceasing.

Do I have to pay Stamp Duty? If property is to be transferred as a result of the parties' agreement, an exemption for the payment of stamp duty on the portion being transferred, is available.  That exemption may save many thousands of dollars in, for example, a transfer of the family home from one party to the other.

What can I put in a family law Agreement? The parties agreement can combine almost any elements they wish – provided there is agreement.

Is Superannuation included in Family Law matters? Portions of, or indeed a fund member's whole superannuation fund, can be transferred to the other party as part of an agreement and consequent on a Court Order.

How long does it take for a Court Order?Once an agreement is reached between the parties, it can usually be confirmed by way of a formal Order, within about 4 weeks of the agreement being reached.

Will I have to go to Court? Of all property applications commenced in Court only about 17% proceed all the way through the process to a final trial.

If I Start Court Proceedings, can I stop them? If proceedings are commenced in Court they can be stopped at any stage if an agreement is reached.

What fees do I have to pay? Court fees include an application fee, and trial fees for each day of the hearing.  Other costs include mediation and the cost of valuations.  The major cost to the parties is the cost of their solicitors (and if necessary, barristers).

How do you deal with Matters that Involve both Children, and Property? If there is a dispute regarding children in addition to the property issue, both matters are usually dealt with together either by way of negotiation, or proceedings commenced in Court.

What else do I need to do after Separation? On separation, parties should consider immediately completing a new Will, and if appropriate, a new Power of Attorney, and Power of Enduring Guardianship.

Estate Planning FAQs

How do I deal with my Super in my Will? Parties should also consider changing any nominated beneficiary for their superannuation fund, and making a “binding death benefit nomination” if that is available through your fund.

Other FAQs

How Much Will I be Charged? At the commencement of an Estate or Family Law matter you will be informed of the method of calculating your fees and be given an estimate of the likely fees for your matter including any out-of-pocket expenses such as barrister's fees or Court fees, and if there is any change you will be informed during the course of the matter. Arrangements for payment will also be discussed. Depending on the nature of your matter we will usually render accounts periodically whilst the matter proceeds.

We charge a fixed fee in for a Divorce matters, and preparation of Wills, Powers of Attorneys and Enduring Guardianships. 

Contact our helpful staff on 02 9602 5033 to schedule an appointment with a solicitor.