Frequently Asked Questions

Quick answers to the questions we are asked the most
Do all family law matters have to go to court?

No, not all matters have to go the Family court. Our team of recommended lawyers in Melbourne advocate round table conferences, mediation and all other forms of primary dispute resolution in appropriate circumstances. In 2017 our firm was recommended as a leading Australian family and divorce law firm in Doyles Guide, the country’s most comprehensive listing of the best lawyers, law firms and barristers.We can advise you, participate in and represent you at settlement discussions, or we can recommend organisations that can help you and the other party attempt to mediate a resolution without family lawyers present. We recommend you first obtain legal advice from a recognised family lawyer in Melbourne to understand what your likely legal entitlements and obligations might be, before attending mediation arrangements.

Do I need a Lawyer?

We strongly recommend you have the benefit of at least an initial appointment with a Melbourne family lawyer so that you are aware of the pit falls and issues relevant in your case. Our Victorian family law firm 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. Your first meeting with Clancy & Triado is free and there is no obligation to continue with us.

Why choose a Melbourne family and divorce lawyer from Clancy & Triado?

Clancy & Triado has earned a reputation for excellence and professionalism which is recognised both within the profession and by outside commentators. In 2017 our firm was recommended as a leading Australian family and divorce law firm in Doyles Guide, the country’s most comprehensive listing of the best lawyers, law firms and barristers.

With eight of our lawyers recognised as accredited specialists in family law and over 50 years’ experience, we represent clients in wide ranging matters, from straight forward domestic cases to the most complex involving international law. Our lawyers are compassionate and driven to helping people and their families navigate stressful situations and rebuild their lives. We view Court as the last resort not a first resort.  We succeed in resolving approximately 95% of our cases before court proceedings are issued, saving our clients unnecessary stress, cost and time.

What time limits apply in family law matters?

You must have a formal property settlement or have issued Court proceedings within 12 months of the date of your divorce, or in the case of a de facto relationship, within two years of the date of separation. If you do not do so, you may be precluded from starting Court proceedings seeking property settlement or spouse maintenance which could result in a loss of your entitlements.

For this reason, we recommend that you seek advice from our experienced family lawyers as soon as practicable after the date of your separation so that we can advise you on the best course of action to resolve your matter and ensure your legal position is protected in the post-separation period.

How long will it take to settle my case?

Your matter can be resolved within days if you and your partner have reached an agreement. We can prepare the necessary legal documents to ensure your agreement is binding and enforceable. If you and your partner have not reached an agreement, a resolution can be achieved in a matter of weeks or months if mediation or a round table conference can be convened and is successful. If your matter requires a Court determination, we can advise you specifically as to likely timeframes depending upon whether your matter is to be heard in the Family Court or the Federal Circuit Court and the list of cases awaiting hearing at that time. The Court will always prioritise cases of an urgent nature and list these for hearing quickly. Our team of experienced lawyers will always work to ensure cases are resolved in the most timely and efficient manner enabling you to move on with your life.

What are our roles and obligations when acting for you, and what we expect from you?

Our roles and obligations can be found in detail via our Roles & Obligations document.

How much will my costs be?

We are very happy to give you an estimation of your likely costs during 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 of hiring a Melbourne family lawyer associated with your circumstances.