FAQs

Separation is likely to be one of the most stressful times you will experience in your life.  If you’re feeling vulnerable or guilty, you may make a decision which you may regret in the future.

Even if you are amicable with your spouse, having at least initial advice about your entitlements will leave you confident to negotiate.  For this reason, we offer ½ hour free legal advice, to enable you to be informed of your legal entitlements.

If you would prefer that a lawyer acts on your behalf, so that the stress and emotion is removed from the negotiation, this no obligation appointment will give you the opportunity to see if you are comfortable with, and trusting of, our lawyers before deciding who to engage.

Our Family Lawyers balance compassion with expert advice, so that you will be comfortable speaking to them about sensitive issues and can be assured that they will guide you to make the best decision for your circumstance.

It is important that you obtain legal advice to ensure that you know what your legal entitlements are and don’t agree to a settlement or parenting orders that you will regret in the future.  

Aberdeen Lawyers offers a ½ hour free consultation with one of our expert family lawyers.

Many separated spouses get along when they first separate, but things can change quickly if there is a disagreement or one of you re-partners or wishes to relocate to live with a new partner.

Having proper legal advice so that you achieve a settlement that you are entitled to or parenting orders you are happy with, means that you can negotiate in confidence and know that you are protected in the future.

Once an agreement is reached, we can draft consent orders and there is no requirement to go to court or for your spouse to engage their own lawyer.

• Copies of all correspondence from other lawyers or your spouse regarding proposed parenting arrangements;
• any previous parenting agreements (both proposed or in place); 
• if orders have been previously made, a copy of these orders;
• if an intervention order is in place, a copy of that intervention order.
• If there have been reports to DHHS, any correspondence received from DHHS.

• A list of all your assets (including the full addresses of properties you have an interest in) and estimated ‘market’ values for each of these assets.  Chattels like cars and jet skis should be included, but a general estimate of furniture and tools is fine unless they are of significant value.
• A list of your bank accounts (A/C no’s and balances);
• Your most recent superannuation statement and a screenshot of your current balance;
• Written evidence of any gift or inheritance that you received during the relationship;
• Written evidence of any assets you owned before the relationship commenced, or any substantial assets gifted to you during the relationship.
• Share statements or an estimate of the value of your share portfolio;
• If you or your spouse had a business, copies of the most recent financial statements (if you have them);
• Written evidence of any outstanding issues (child support, rates arrears, tax debts);
• Make, model, year and registration of cars;
• A list of all of your current loan liabilities (held by you, jointly or held by your spouse) and account numbers and balances of each loan and credit card

• It saves a lot of time and is helpful on your first appointment if you have a list of assets and liabilities that belong to you and your spouse.  This is not essential, as we can do it at your first appointment, but having it ready can save legal costs on the time it takes to establish your asset pool, so that we can concentrate on other areas of advice.

  See ‘Resources’ for an example of a completed list and a blank download of one you can complete yourself.

A property settlement is the distribution of property, money and assets, and debts owned and attained during a marriage, or a de facto relationship. These assets include superannuation.

There is no fixed formula on a property division. It depends on the length of the relationship, whether there were children or not, how young a person is, their working capacity, their health, and what they have contributed to the relationship financially and non-financially.

If you wish to know where you stand in relation to a property settlement before you commit to engaging a lawyer, please call (03) 8390 7007 and make an appointment to receive ½ hour free legal advice.

You can reach agreement on a property settlement by direct negotiation with your former spouse and then attending a lawyer to formalise the agreement, or if you are not able to do this, or are concerned that you will be manipulated by your spouse or that you will not receive your proper entitlement under the law, you can engage a solicitor to try and negotiate with your spouse or their solicitor. Your lawyer can also recommend and arrange mediation.

If you cannot resolve your Property Settlement issues by negotiation or mediation, then you can make an application to the Court and a judge will determine the division of property after hearing evidence.

In determining a family law settlement, the important issues are as follows:

- What are the assets and liabilities of each of the parties?

- What contributions did each party make to the assets and relationship (direct and indirect financial and non-financial contribution, and contribution to the welfare of the family)?

- What are the future needs of the parties? What is a person’s likely future earning capability? Who will be spending more time caring for the children, and will this affect their ability to earn more income?

Property Settlement negotiations can be complex and diverse. There are many issues to be considered, and there is no set formula for each issue

Is there a time limit for negotiating a property settlement?

For marriages you must apply to the Family Court for Property Settlement and or Spousal Maintenance within 12 months of the date of a divorce order.

For de facto relationships you must apply to the Family Court for a property settlement and/or spousal maintenance within two years of the date you separate from your partner.

Mediation is a procedure where a person trained in the field of negotiation and family law (the Mediator) assists the parties to a dispute, to settle a dispute. 

The Mediators identifies the parties’ issues, assists them to see the other person’s perspective and to explore options of resolving these issues. 

A Mediator cannot make a decision in the absence of the consent of both of the parties, so settlement can only be reached if both parties agree.

Yes.  Separation can be under the one roof, but there are important factors that should not continue if you intend to live separately. For example, you are not considered as living separately if you continue to share the same bed and are still cooking and cleaning or providing financial assistance to your spouse.

You may be considered as living separately, if you are living in separate bedrooms, have separated all finances, buy and cook your own food, do your own washing and do not go out socially together.

This is particularly important if one of you will be reliant on government benefits.

You can divorce while you are living together, however you will need to prove that you have been living in separate bedrooms, have separated all finances, buy and cook your own food, do your own washing and do not go out socially together.

If you apply for a divorce while you are still living under the same roof, it is a little more complex and expensive as you will require 2 witness affidavits attesting to your separation.

A divorce separates you and your former spouse legally so that you can remarry and so that you have no legal connection to them.  However getting a divorce will not legally separate your assets.  You can still obtain a divorce while still owning assets together, but if you intend to settle your matters in court, you must issue Court proceedings within 12 months of the divorce without special permission from the court.

You cannot apply for a divorce unless you have been separated for 12 months.

A property separation is the division of assets between you that you have purchased during the relationship or owned together.  

You can apply for a property separation within days of being separated.

We can give you advice on all the out of Court options for settlement, including Mediation, round table conferencing, negotiating in writing, and formalising the agreed settlements by way of consent orders or binding financial agreements.

These options can be less expensive than Court proceedings, if both parties are willing to negotiate reasonably, and the parties may finalise settlement much quicker.

We have all heard nightmare stories about people spending over a hundred thousand in court costs, but in most of cases, it is a fraction of this cost and 95% of court applications settle within 6 months of the court application at mediation.  

Your lawyer will assess your matter and provide you with an estimate of your likely legal costs.

In matters which do not require negotiation, estimating costs is a relatively simple matter and your lawyer can give you an estimate of likely costs at your first meeting.

In matters which require substantial negotiation, it is often difficult to estimate costs, however depending on the complexity of the case, our lawyer will be able to give you a range of costs and will update you if that estimate changes.