General FAQ – Family Law
1. Do I need to be separated for a certain amount of time before I can get divorced?
Yes, you must be separated for at least 12 months before applying for a divorce in Australia. However, during that time, family lawyers can help you begin dividing assets and making parenting arrangements.
2. Do we have to go to court?
Not always. Many family law disputes are resolved through negotiation, mediation, or collaborative law without going to court. Our specialist family lawyers can help you reach a resolution outside of the courtroom whenever possible.
3. What is the difference between separation and divorce?
Separation refers to the end of a relationship, while divorce is the legal dissolution of a marriage. Our divorce lawyers in Australia can assist you with both legal processes and related matters.
4. Can we be ‘separated under one roof’?
Yes. You can be considered separated even if you continue living in the same home. A family lawyer in NSW can guide you through the evidence needed when applying for divorce in such situations.
5. How is property divided after separation?
Property division is based on financial and non-financial contributions, future needs, and what’s just and equitable not automatically a 50/50 split. Our family lawyers Australia-wide offer tailored advice for your circumstances.
6. What happens to superannuation?
Superannuation is treated as property under family law and can be split or transferred during a property settlement. Our specialist family lawyers are experienced in superannuation-related matters.
7. How do we make arrangements for our children?
Parenting arrangements can be formalised through parenting plans or consent orders. Family court lawyers in Sydney and across NSW can help ensure your arrangements are legally sound and in the best interest of your children.
8. What’s the difference between a parenting plan and parenting orders?
A parenting plan is an informal written agreement, while parenting orders are made by the court and are legally binding. We help clients understand both options and which is best for their situation.
9. Who pays child support and how is it calculated?
Child support is generally calculated by Services Australia based on income, care arrangements, and number of children. Custom agreements can also cover private school fees and other shared expenses.
10. Am I entitled to (or required to pay) spousal maintenance?
You might be if one party cannot adequately support themselves and the other has capacity to pay. Our family lawyers in NSW assist with spousal maintenance applications and agreements.
11. How long does a property settlement or parenting matter take?
Timelines vary based on complexity and cooperation. Simple matters may take weeks, while more complex cases especially those involving high net wealth or international assets can take over a year. Our divorce lawyers in Australia manage timelines efficiently.
12. Do I need to disclose all my financial information
Yes. Full and frank financial disclosure is required by law. Our family lawyers ensure all legal obligations are met and protect your interests during negotiations.
13. What if my ex is not following our agreement or court orders?
You may be able to enforce the agreement or apply to the court. Our family court lawyers in Sydney help clients seek compliance and legal remedies when orders are breached.
14. Can I relocate with my children after separation?
Relocation can significantly affect parenting arrangements and usually requires agreement or court approval. Whether you’re moving interstate or overseas, our specialist family lawyers can advise you on your rights and options.
15. Do I need a lawyer?
While it’s not mandatory, working with an experienced family lawyer can help you understand your rights, protect your assets, and ensure fair outcomes. At Lewis Family Lawyers, we assist clients across Australia including NSW, QLD, SA, NT, and the ACT. Whether you’re based in Sydney, the Southern Highlands or elsewhere in NSW or Australia, our team of family lawyers in NSW is here to guide you through each step.
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“Our mission is to provide reliable and expert legal support to individuals navigating the complexities of divorce law. Our team is dedicated to upholding the highest standards of professionalism and integrity while guiding our clients through the process of protecting their properties, assets, and corporate structures with diligence and compassion.”
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