FAQ - Divorce Lawyer Melbourne, Family Law Melbourne, Property Settlement

No not all matters to go the family law court. Our team of family law experts advocate round table conferences; mediation; and all other forms of primary dispute resolution processes in appropriate circumstances. We can advise you, participate in and represent you at the settlement discussions; or we can recommend organisations where you and the other party can attend without family lawyers present. We recommend you first obtain legal advice to understand what your likely legal entitlements and obligations might be, before attending at the primary dispute resolution arrangements.

We strongly recommend you have the benefit of at least a once-off appointment with one of our legal team so that you are aware of the pit falls and issues of which to be most aware. We can advise you of your likely entitlement and recommend the most appropriate settlement documents. If you and the other party reach agreement amongst yourselves, we can prepare the paperwork to implement your agreement in a way that ensures you are protected.

We have a team of 11 expert family and divorce lawyers available to assist you with your situation. The firm has been in existence for over 41 years and each individual lawyer applies their expertise to your circumstances. We offer a team approach or you are welcome to work closely one-on-one with you, depending on the complexity of your circumstances.

You must have a property settlement or have court proceedings issued before the expiration of 12 months from the date of your Divorce; or within 2 years from the date of separation with your de facto partner. If you do not comply with these time frames, you might be precluded from having a property settlement or seeking spousal maintenance and other rights and obligations. We strongly recommend you contact us to discuss your individual circumstances so we can advise you.

Your matter can be resolved within days if you and your partner have reached agreement and we prepare the settlement documents. If however, the matter needs to proceed to court, then we can advise you about the court timeframes. The family law court has a significant wait for final hearings at the moment, especially in 2011. However, interim hearings are being listed reasonably quickly. If you have an urgent, complex matter, then it might be best to be filed in the family law court. However, if you need a final determination, it might be best to file your application in the federal magistrates court. Please contact us to discuss and we can assess your circumstances.

Usually complex matters are dealt with in the family court, such as matters to do with large asset pools; complex legal matters; complex medical procedures for children; relocation applications; child recovery orders and other such matters.

We are very happy to give you an estimation of your likely costs in our first conference with you. We will obtain the relevant facts from you and from then, can give you a reasonable estimation of the likely legal costs associated with your circumstances.