FAQs

Marriages
If you are married you can commence property settlement court proceedings at any time before you divorce. After you divorce, you can only commence property settlement Court proceedings within 12 months of the date of divorce or apply to the Court for permission to commence proceedings out of time but your application may be refused.

De Facto Relationships
Either party can commence property settlement court proceedings within 2 years of separating. You can apply to the Court for permission to commence proceedings after 2 years but your application may be refused.

To apply for a divorce, the marriage must have broken down irretrievably. This means that one or both parties believe the marital relationship has ended permanently. In addition to this requirement, before an application for divorce can be made you must be separated for at least 12 months.

The cost of a family lawyer in Australia can vary greatly depending on factors such as experience, location, and the complexity of the case. On average, hourly rates for family lawyers range from AUD$250 to $600 per hour. Some lawyers may also offer fixed-fee services or charge on a sliding scale based on income. It is important to discuss fees and payment arrangements with potential lawyers before hiring them to represent you in your family law matter. Additional costs like court fees, document preparation, and other expenses should also be considered.

Separation occurs where one partner has communicated to the other partner whether by action or conduct, that the relationship has ended and the parties act accordingly. Alternatively, separation occurs when both parties have agreed and consented that the relationship is over. You do not need to live separately to have separated. You can live separated “under the same roof”.

If you separated and then resumed your relationship for less than 3 months before separating again, you can ignore the period when you resumed your relationship. This only applies if the period of resuming the relationship was less than 3 months. If you got back together multiple times or for more than 3 months, you can only count the period from your last separation as the date of separation.

The cost of hiring a family lawyer in Australia can vary significantly depending on factors such as the complexity of the case, location, level of experience and expertise of the lawyer, and whether it’s a large law firm or a smaller practice.

Typically, family lawyers charge either an hourly rate or offer fixed-fee services for specific tasks. Hourly rates can range from around $250 to over $600 per hour. Fixed fees may be offered for straightforward matters like drafting consent orders or preparing prenuptial agreements.

It is important to inquire about costs upfront when engaging with a family lawyer and ask for an estimate based on your particular situation. Some top law firms also provide initial consultations at no charge or reduced fee so that you can discuss your needs before committing to their services.

Keep in mind that additional expenses might arise during legal proceedings such as court filing fees, barrister fees (if required), mediation costs and any other disbursements necessary for handling your case.

Legal Aid may be available to individuals who cannot afford private legal representation but meet certain criteria regarding financial resources and merit assessment.

In Australia, a barrister isn’t necessarily “higher” than a lawyer. They both belong to the legal profession but have different roles and responsibilities. A lawyer is a general term that includes both solicitors and barristers. Solicitors primarily handle paperwork, contracts or provide legal advice outside courtrooms while barristers specialise in representing clients in courts.

Barristers often have more expertise in courtroom advocacy and are required to complete additional training compared to solicitors; however, it doesn’t mean they are ranked higher within the legal system – they just serve different functions within it. All barristers (or lawyers) can be lawyers but not all barristers can be lawyers.

In Australia, a solicitor is often considered the same as a lawyer and the terms solicitor and lawyer are often used interchangeably.. A solicitor is an attorney who provides various legal services and advice to clients in any field. They are called lawyers in many cases and can represent their clients in various legal matters.

1. Giving legal advice: Solicitors assist clients in understanding their rights and obligations under the law. They provide guidance on various matters such as contracts, property transactions, family law issues or disputes.

2. Drafting documents: Solicitors prepare essential legal documents like wills, leases or agreements for businesses and individuals.

3. Negotiating settlements: In cases of disputes between parties, solicitors help negotiate resolutions that are fair and legally binding.

4. Representing clients in court: While barristers typically handle courtroom representation, some solicitors may also represent their clients during lower court appearances or tribunals depending on the circumstances.

5. Managing conveyancing transactions: When buying or selling property in Australia, local solicitors will often manage the transfer process by ensuring all necessary paperwork is completed accurately and submitted within required timeframes.

6. Assisting with business matters: Solicitors can help set up new businesses by advising on appropriate structures (such as sole proprietorships or companies), drafting partnership agreements and helping navigate regulatory requirements.

Overall, Australian solicitors play an essential role in guiding individuals and organisations through complex legal situations while safeguarding their rights under the law.

In Australia, there isn’t a significant difference between a solicitor and a lawyer. Both terms generally refer to legal professionals who can provide advice and represent clients in various legal matters. However, it is worth noting that the term ‘solicitor’ is more commonly used to describe those who primarily handle paperwork, contracts generally legal matters, or give legal advice outside of courtrooms while ‘lawyer’ can be an umbrella term for both solicitors and barristers (those who specialise in representing clients in courts).

In Australia, solicitors can seek advice from various sources depending on the situation. For complex legal matters or cases that require court representation, a solicitor may consult with a barrister who has more expertise in courtroom advocacy and specific areas of law. Additionally, they might also collaborate with family law lawyers or other experienced solicitors within their firm or network to obtain guidance or share knowledge.

Furthermore, Australian solicitors have access to professional organisations such as Law Societies and Bar Associations that provide resources and support for members of the legal profession. These associations often offer continuing education opportunities, networking events, updates on changes in legislation and regulations as well as ethical guidelines that can assist them in providing accurate advice and service to clients.