At Burridge, Harris & Flynn, we offer you a full range of family law services including:
- Property settlement/disputes
- Children’s issues including who a child lives with and spends time with
- Child welfare law
- De facto and close personal relationship property settlements
- Divorce
To find out more information, or to book a consultation with our family law specialist Amanda Steiner, or Naomi Priester, give our team a call.
(02) 66 422 922
Frequently Asked Questions
Q: Why should I formalise a property settlement by consent order?
A: It is important to finalise a property settlement by consent order to protect against claims at a later time. If a formal court order is not obtained a former spouse can make a claim for property settlement up to one year after a divorce (if married) or two years after separation (if de facto). The court would look at the assets and their values at the time of the court application and not at the time of separation. This may include assets acquired well after separation. If property is being transferred from one partner to the other pursuant to a court order there is stamp duty relief on that transfer.
Q: What happens to our property if we separate?
A: This depends on many factors, including financial contributions, contributions as a parent or homemaker, health, care of children under 18 years and income. The likely outcome will vary depending on your circumstances and will require careful analysis.
Q: How can I resolve property and children’s matters?
A: If an agreement can be reached, both property and children’s matters can be resolved by a consent order. This is a document signed by both parties and filed at court. Once consent orders are made they are legally enforceable against both parties. If agreement cannot be reached it will be necessary to commence court proceedings. The Family Court or Federal Circuit Court will make a decision if there is no agreement. Children’s matters can also be settled by a parenting plan which is an informal agreement and is not legally enforceable.
We can assist you in negotiating consent orders, preparing consent orders or a parenting plan or representing you in court proceedings if settlement cannot be reached.
Q: Is a de facto property settlement the same as a married couple’s?
A: De facto property settlements, including settlements for same-sex couples, are dealt with under the Family Law Act if the relationship has existed for two years or there is a child of the relationship or in other limited circumstances. Any application under the Family Law Act should be commenced within two years of separation.
Q: Is it necessary to undertake family dispute resolution in children’s matters?
A: Except in circumstances of urgency or if there is family violence, it is necessary to undertake family dispute resolution prior to commencing court proceedings in relation to children. Family dispute resolution (FDR) is mediation and is an excellent opportunity to discuss issues in a productive manner prior to court. We can provide you with assistance in preparing for FDR and representing you in lawyer assisted FDR including Legal Aid conferences.