FAQs

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The issues the most commonly arise during the breakdown of a relation are:

• Arrangements for the children of the relationship
• Division of property
• Any financial support from one party to the other

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Before you can attend court, attempts need to be made to resolve the dispute yourself.

In determining children’s matters, a s60I Certificate needs to be provided to the court before proceeding to court. The s60I Certificate states whether or not the parties have attended mediation and whether this mediation was successful.

There are some exemption, such as in instances of family violence or where an urgent recovery order is being issued.

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The main questions parents should consider in family law proceedings are:

• Who will make long-term decisions about the child, such as where they go to school (this is called “parental responsibility”)
• Who the child will live with and how much time they will spend with the other parent
• How will the parents communicate with each other. This is also of importance in determining parental responsibility

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The child’s views will be considered, dependent on the age and maturity of the child.

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An Independent Children’s Lawyer may be appointed by the court to represent the child’s best interests. The lawyer is not the child’s personal lawyer and will not take instructions from the child, but instead will advise the court of the best interests of the child.

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Following the breakdown of a relationship, we can provide you with preliminary advise based on the individual facts of your case. Remember, our first appointment is free with no obligations!

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Only a small portion of cases proceed to court, and even less proceed to a final hearing. Most are settled before the initiating of proceedings, via mediation or negotiation. This is beneficial for all parties involved, as it reduces fees and conflict between the parties.

Even if you decide to issue proceedings in the court, you can settle at any time, with the court merely formalizing the agreement. That means the parties decide the outcome, not the judge or magistrate.

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Choosing the right lawyer is one of the most important decisions you will ever make, the LIV Accredited Specialist directory can help you find a lawyer who is a leader in their field.

Why choose a LIV Accredited Specialist

• LIV Accredited Specialists must have a minimum of five years full time practice experience and a minimum of three years experience in their area of specialisation
• LIV Accredited Specialists must maintain a high degree of professional development in their area of specialisation
• LIV Accredited Specialists must pass a comprehensive examination process, developed by legal professional experts
• LIV Accredited Specialists must apply for re-accreditation every three years

Peter Lynch has three LIV specialist accreditations in:

• Family Law
• Children's Law
• Criminal Law

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Most cases are settled between the two parties. Once an agreement has been reached, some parties proceed on that basis without any involvement of the court.

However, you can also have the agreement formalized by the court through an application for consent orders.

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If you are or were married, you must apply to the Family Court for property settlement and or spousal maintenance within 12 months of the date your divorce order takes effect.

If you are or were in a de facto relationship, you must apply to the Family Court for a property settlement and or spousal maintenance within two years of the date you separated.

Subject to the requirement to participate in Family Dispute Resolution there is no time limit in relation to when you can make an application to the Family Court in relation to children’s issues.

Additional factors may be applicable so make an appointment with us today for more details.

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• Consent Orders – Application for Consent Orders filed in the Family Court of Australia are currently being determined between seven (7) to twenty one (21) days from the date of filing. In our experience most matters that are agreed between the parties are able to have Consent Orders made and the matter finally resolved six (6) to eight (8) weeks from the date of us receiving initial instructions.
• Interim Hearings – An Application in a Case filed for the determination of an interim issue is usually listed for determination within six (6) to ten (10) weeks of the date of filing, however, it is not uncommon for matters not to be reached on the first occasion and require a further listing in order to be finally determined.
• Urgent Interim Hearings – Applications seeking that the matter be listed urgently are currently being listed for determination between seven (7) and fourteen (14) days from the date of filing.
• Extremely Urgent Interim Applications – Extremely Urgent Applications in a Case are normally listed the same day that the Application is filed or in some instances the following day and are usually determined on the date on which the matter is listed.
• Final Orders – Current matters filed for determination in the Family Court of Australia that proceed to a Final Hearing are being determined approximately 18-24 months from the date of filing.
• Appeals – To the Full Court of the Family Court of Australia are currently being determined approximately nine (9) to twelve (12) months from the date of filing of the appeal.