Parties are required pursuant to the law to disclose fully and frankly to the other party their financial position and must provide all their financial documentation as requested.; In the event they fail to do so Orders can be sought from the Court and there can be Cost orders made against the non-complying party.

Parental responsibility relates to which parent can make decisions about any major life developments, such as the child’s religion or which school they will attend. Until there’s a court order in place, both parents are to consult each other on these matters and reach joint decisions where possible. Court Orders will then stipulate if one parent is to have sole parental responsibility or if this is to be shared by both parties.

No, this is a common misconception of family law. In family law property matters, the division of assets is based upon the financial and non-financial contributions made by each party at the commencement of the relationship, during the relationship and after separation, as well as the future needs of both parties. There is no automatic apportionment of assets.

No, commencing Court proceedings is always the last resort. An agreement known as Consent Orders can be entered into out of court if the parties have already informally agreed on the parenting or property arrangements going forward. Also before going to Court, negotiations can occur between solicitors or at a mediation. Taking your matter to court can often be a significant cause of stress, so we attempt to avoid this wherever possible and appropriate.

Yes definitely. If you both have reached an agreement then we can create what is known as a Consent Order. This involves you providing us with your expectations as to how you want the split to occur and who gets what. We can then tailor an Order precisely in line with what you want to happen which sets out exactly how the assets are to be divided. The documents are then registered with the Court to formalise the agreement.

There are several options available to deal with the division of superannuation. It can be treated as part of the asset pool and split between the parties after separation in accordance with the division of the entire property pool. Superannuation can also be dealt with separately if you and your former partner have reached an agreement about how you wish to divide the amount available.

Parties to a Family Law matter are obliged to attend a family dispute resolution conference prior to going to Court. If an agreement cannot be reached at mediation, the matter will proceed to Court however it is always preferable to settle outside of Court to reduce the emotional and financial burden on parties. 

Yes, it is very important that this is done as soon as possible. Should you unfortunately pass away before your will is updated, your former partner would likely be entitled to whatever portion of your estate you had initially left them. We are always more than happy to refer you to our Estate Planning department to assist you with updating your will.