Frequently Asked Questions (FAQ's)
Explore answers to common queries about our services and expertise. Our FAQ section is designed to provide you with quick and helpful information. If you can't find what you're looking for, don't hesitate to contact us for further assistance.
The cost of hiring a lawyer can vary depending on several factors. In cases where both parties agree amicably, the costs are generally lower, and property and parenting settlements can be reached more efficiently. However, in situations where disputes are complex and numerous, extended negotiations or court interventions may be necessary, resulting in higher costs.
The legal fees in a case are influenced by various factors, such as the complexity of the case, the duration of negotiations, the size and complexity of the assets and liabilities involved, whether the other party has legal representation, the presence of children in the case, and the parties’ willingness to resolve the matter.
Andrews Family Lawyers offers a complimentary initial phone consultation for up to 20 minutes. For face-to-face meetings at our Grange office, a reduced fixed rate of $330, including GST, applies for one hour.
Upon formal engagement, we provide detailed documents outlining our services and a segmented fee estimate for each stage of your case.
Unfortunately, because we are a small specialist practice, we cannot take on Legal Aid work now.
You are always welcome to call us to discuss your matter and help us better understand your financial circumstances.
A Consent Order is a formal arrangement that officially settles property or parenting disputes between former partners. It is required when partners reach an agreement outside of the court but need the agreement to be legally recognised under the Family Law Act.
This is important, especially when disagreement over the division of assets, power imbalance, or fairness concerns. It involves both parties agreeing on the terms, which are then approved by a court registrar, making it a legally binding court order.
Even with mutual agreement, it’s essential to have a family lawyer review the terms to ensure legal accuracy and court approval. This step also ensures that you receive your rightful entitlements. Consent Orders and Financial Agreements are both legally binding, but Consent Orders are more easily enforceable, with significant consequences for breaching them.
For drafting and filing Consent Orders, our firm offers fixed-fee services. This ensures transparency in costs and efficiency in legal proceedings. We encourage you to reach out for a no-fee, no-obligation initial consultation to explore how we can resolve your asset division efficiently and effectively.
According to family law, parental responsibility is typically assumed to be shared equally between both parents unless it is determined that such an arrangement would not be in the child’s best interests. In certain rare cases, one parent or guardian may be granted full custody, but only under highly unusual circumstances.
When a court assesses a custody case, it closely examines each parent’s behaviour. Full custody is rare and usually considered in situations involving violence, abuse, or similar extreme conditions. In most cases without such factors, the court tends to award shared custody. However, shared custody does not necessarily mean that the child spends equal time with each parent; the child often lives primarily with one parent.
For personalised legal advice regarding your custody case, it is recommended that you seek professional legal counsel. Our firm specialises in family law and can provide the necessary guidance to help you understand how legal principles apply to your situation.
In joint custody situations, the law does not set a specific distance limit for a parent wishing to relocate. However, legal guidelines for moving with children are in place and are applicable even without existing court orders. When parents share equal responsibility, discussing and agreeing on major long-term decisions affecting the children is crucial.
If you’re planning to move with your child, it’s necessary to try to reach an agreement with the other parent sincerely. This might involve family dispute resolution or obtaining permission from the court. It’s essential to navigate these decisions carefully, considering the legal implications and the child’s best interests.
It is essential to have an experienced family lawyer represent you in this process to ensure you achieve a fair outcome. Here are the key benefits of having a family lawyer:
- Expedited Resolution: A professional child custody lawyer can expedite the resolution process significantly. Their expertise in family law and experience in handling legal formalities streamline court procedures.
- Expertise and Experience: Concerns about a lawyer impacting an amicable relationship are common, but it’s important to note that family dispute resolution is a standard step in child custody cases. This process helps in reducing legal and court costs.
- Objective and Honest Advice: A family lawyer acts as an impartial advocate, offering objective advice. They help you understand your rights and make informed decisions, reducing emotional stress.
Consider booking a complimentary consultation with our child custody lawyers for assistance in your parenting dispute resolution and arrangements.
To get divorced, it’s essential to understand that divorce is solely the legal termination of a marriage, separate from other aspects of separation. Here are the crucial steps for applying for a divorce in Australia:
- Separation: The primary legal requirement for divorce is the ‘irretrievable breakdown’ of the marriage. This is evidenced by being separated for 12 months with no intention of reconciling. Your partner doesn’t need to consent to the divorce, and the law doesn’t assign fault for the marriage breakdown.
- Proof of Marriage: Typically, a marriage certificate is required. If it’s in a non-English language, a translation is necessary. If you don’t have a certificate, our divorce law experts can help you obtain one.
- Application to the Federal Circuit Court: You can apply for a divorce either jointly or as a sole applicant. Our experts can assist in ensuring your application is filed promptly and accurately.
- Serving the Application: In a sole application, the other party must be ‘served’ with the divorce paperwork, informing them of the court proceedings. You cannot serve your former partner personally; it can be done by mail or through a third-party server.
- Awaiting Court Instructions: Depending on whether the application is joint or sole and if there are children under 18, you may need to attend court.
For assistance in the divorce process, our experts are available to guide you through each step, ensuring legal compliance and a smooth transition.
At the end of most relationships, it will be necessary to formalise the rights and entitlements of each party to sever all financial relationships between you and safeguard future property. Contrary to popular belief, you are not automatically entitled to a 50/50 split of assets. We take you through the process to determine legally who is entitled to what, how to get what you are entitled to, and the likely legal costs involved to settle your matter quickly and correctly. Time limits apply to property settlements, so starting this process as soon as possible can avoid unnecessary stress.
The length of this process varies depending on the circumstances, and if possible, we try to keep the property settlement out of court. Litigation is expensive, time-consuming and can put unnecessary pressure on already strained relationships. We are experienced in moving this process along as quickly and smoothly as possible.
Still Have Questions ?
If you still have questions or need more information, we’re here to help. Feel free to use the contact form below to reach out to us. Our legal experts are ready to provide you with the answers and guidance you need. We’re just a message away!