Archives: faqs

Frequently Asked Questions

What is Collaborative Law?

26-September-2017 By admin

It is quite simply a friendlier and practical method of dispute resolution where the lawyers for each party work together to help parties to come to their own out of court settlements. Collaborate law or Collaborative Practice involves a series of...

Do time limits apply in Family Law financial cases?

By admin

Yes. Time limits are different for married and de facto couples and it is important to be aware of them. For de facto couples; parties must settle their financial issues via a Consent Order or otherwise file an Application for property adjustment in...

Why do I need Orders or a Financial Agreement for property settlement?

By admin

Without the protection of a Consent Order or a Financial Agreement documenting the transfer of property or superannuation between parties on the breakdown of the relationship there is a risk that the other party will make a further claim in the future....

We are still on good terms, why do I need a lawyer?

By admin

Even if you have come up with a settlement plan you both agree on, we strongly recommend you obtain legal advice so you can make an informed decision whether that agreement is just and equitable in all of the circumstances. We also strongly recommend...

What can and can’t a Financial Agreement deal with?

By admin

A Financial Agreement can’t deal with parenting matters or child support; nor can it deal with a person’s estate after death. A Financial Agreement can deal with a wide range of issues including the following: Quarantine of pre-relationship...

When can I make a Financial Agreement?

By admin

You can make a Financial Agreement dealing with the division of property interests at any stage of a relationship. There are 6 different types of Financial Agreements: before a de facto relationship (S90UB) during a de facto relationship...

How can I protect my assets against a claim from my partner?

By admin

Provided that both you and your partner agree (consent is essential), the only protection is to enter into a Financial Agreement (also known as a ‘BFA’ or a ‘pre-nup’) which complies with the provisions of the Family Law Act, prescribing who...

What rights do same-sex couples have when the relationship ends?

By admin

Exactly the same legal rights and obligations as a heterosexual de facto couple or married people under the Family Law...

Can we make our own child support arrangements?

By admin

Yes. There is no requirement to involve the Department of Human Services in your child support arrangements but until an assessment is in place, the Department cannot help enforce late payments. You can make a private Child Support Agreement providing...

Can I challenge a Child Support Assessment?

By admin

Yes. There is a review process within the Department of Human Services. If you disagree with a decision you can appeal to the Administrative Appeals Tribunal. Appeals from the Administrative Appeals Tribunal can be heard by the Federal Circuit Court...