Family Law Frequently Asked Questions
At Ramsden Family Law, we understand that separation and family law matters can feel overwhelming. These frequently asked questions are designed to give you clear, practical answers. If you have questions about your specific situation, please contact us for a confidential discussion.
General Family Law Questions
1. What does a family lawyer do?
A family lawyer provides advice and representation in all areas of family law, including separation, divorce, property settlements, parenting arrangements, child support, spousal maintenance, and domestic violence matters. They help you understand your legal rights, negotiate agreements, draft documents, and, if necessary, represent you in court proceedings.
2. Do I really need a family lawyer?
While it’s possible to handle some matters yourself, family law is complex, and decisions can have long-term consequences. Engaging a lawyer ensures you receive clear advice about your entitlements and obligations and can help avoid costly mistakes, delays, or unfair outcomes.
3. What areas do you service?
We assist clients across Australia, with offices in Brisbane, Gold Coast, Sydney and Melbourne. Many of our services can be delivered by phone or video conference, meaning we can help you wherever you are located.
4. How much experience do your family lawyers have?
Our team includes a number of Accredited Family Law Specialists and senior lawyers with decades of experience. Between all our lawyers we have helped thousands of clients resolve family law issues, from straightforward cases to complex financial and parenting disputes.
5. How much does it cost to engage a family lawyer?
The cost depends on the complexity of your matter and how much negotiation or court work is involved. We offer fixed fees for some services, like uncontested divorce applications, and will always provide a detailed costs agreement so you know what to expect before we commence work. Our hourly rates range from $360 + gst per hour for a lawyer, to $700 + gst per hour for a Director/Partner.
6. What if I can’t afford legal fees upfront?
We partner with JustFund, Australia’s only dedicated family law finance provider. If you are eligible, JustFund pays your legal fees as your case progresses, and you repay from your settlement later. This ensures you can access quality legal advice without immediate financial pressure.
7. What is an Accredited Family Law Specialist?
An Accredited Specialist is a lawyer recognised by the Law Society for their advanced knowledge and expertise in family law. To qualify, they must undertake additional assessment and meet strict criteria, demonstrating a higher level of skill and experience in family law matters. Approximately 5% of lawyers have qualified to be an Accredited Specialist.
8. How long will my matter take?
Every family law matter is different. Simple applications like uncontested divorces often take 3–6 months, while property settlements or parenting disputes can take longer, especially if court proceedings are involved. We will discuss likely timeframes with you from the outset and keep you informed of progress.
9. Is everything I tell you confidential?
Yes. All information you share with us is protected by legal professional privilege and remains strictly confidential, except in very limited situations where disclosure is required by law to protect someone from harm.
10. What happens in the initial consultation?
During your initial consultation, we will listen carefully to your circumstances, explain your legal options, answer your questions, and provide guidance about next steps and likely costs. There is no obligation to proceed further if you decide not to. We offer free 30 minute consults, or if your matter is complex, we will suggest you pay for a fixed 1 hour consult at a reduced rate.
Divorce and Separation
1. What are the grounds for divorce in Australia?
Australia has a no-fault divorce system. You only need to show that your marriage has broken down irretrievably and that you and your spouse have been separated for at least 12 months before applying for divorce.
2. What is considered separation under one roof?
Separation under one roof means you and your spouse have separated but continue living in the same home. You must prove that your relationship has ended, such as by maintaining separate finances, no longer sharing meals or a bedroom, and notifying family or friends of the separation.
3. Do I need my spouse’s agreement to get a divorce?
No. As long as you satisfy the legal requirements, you can apply for a divorce without your spouse’s consent. They will be served with a copy of the application and have an opportunity to respond.
4. How long does it take to get divorced?
Once your divorce application is filed, it usually takes around 3–4 months for the court to process it and issue a divorce order. The order becomes final one month and one day after it is made.
5. Do I have to go to court for my divorce?
All applications filed after 10 June 2025 will no longer require attendance at Court even if it is a sole application or there are children to the marriage under the age of 18 years. If however, your spouse files a “Response to Divorce” the court may require you attend a hearing.
6. Does divorce automatically finalise property settlement?
No. Divorce and property settlement are separate processes. You must commence property settlement within 12 months of your divorce becoming final; otherwise, you may need court permission to proceed.
7. Can I change my name after divorce?
Yes. Once your divorce order is final, you can use it as evidence to revert to your previous name with government agencies, banks, and other institutions.
8. What happens to superannuation in divorce?
Superannuation is considered property and can be divided between spouses through a superannuation split. This can be formalised by a court order or a financial agreement, commonly known as a BFA.
9. What is spousal maintenance?
Spousal maintenance is financial support paid by one spouse to the other if they cannot adequately support themselves after separation. Eligibility depends on your ability to support yourself and the other person’s capacity to contribute.
10. How soon should I get legal advice after separation?
It is recommended to get legal advice as soon as possible after separation or just before. Early advice helps you understand your rights, protect your interests, and avoid unintended consequences that could affect your settlement or parenting arrangements.
Parenting and Child Custody
1. What is a parenting plan?
A parenting plan is a written agreement between parents about children’s arrangements, including who the children live with, time spent with each parent, communication, education, and other issues. It is not legally enforceable unless made into consent orders.
2. What are parenting orders?
Parenting orders are legally binding court orders that set out arrangements for children. Orders can be made by agreement (consent orders) or imposed by the court after a hearing if you cannot agree.
3. How does the court decide parenting arrangements?
The court’s main focus is the best interests of the child. This includes the benefit of a meaningful relationship with both parents and the need to protect the child from harm. Other factors include the child’s views, the parents’ ability to cooperate, and each parent’s involvement in the child’s life.
4. Do mothers automatically get custody?
No. Australian law does not give automatic preference to mothers or fathers. The court looks at what arrangements are best for the child in each case.
5. What is shared parental responsibility?
Shared parental responsibility means both parents must make major long-term decisions together about the child, such as schooling, health care, and religious upbringing. It does not necessarily mean equal time with each parent.
6. Can I relocate with my child?
If you want to move and it will significantly affect the other parent’s time with the child, you need their consent or a court order. Relocation cases can be complex, and it is important to get legal advice before making any plans.
7. What if we can’t agree on parenting arrangements?
You must attempt family dispute resolution (mediation) before applying to court, unless exemptions apply, such as family violence. If no agreement is reached, you can ask the court to decide.
8. How can parenting arrangements be enforced?
If a parent breaches parenting orders, the other parent can apply to the court to enforce them. The court can make further orders, require make-up time, or impose penalties.
9. Can grandparents apply for parenting orders?
Yes. Grandparents and other significant people can apply for parenting orders if it is in the best interests of the child. The law recognises the important role grandparents can play in children’s lives.
10. How do I get urgent parenting orders?
If there is an immediate risk to a child’s safety or wellbeing, you can apply for urgent interim orders. We can help you prepare the necessary documents quickly.
Property and Financial Matters
1. What is property settlement?
Property settlement is the process of dividing assets, debts, and superannuation after separation or divorce. The goal is to achieve a fair and equitable outcome based on contributions and future needs.
What is the 4-step process for property division?
The court uses this approach:
- Identify and value all property and liabilities.
- Assess each person’s contributions (financial and non-financial).
- Consider future needs, like income, health, and care of children.
- Decide if the outcome is just and equitable.
3. Do I have to go to court for property settlement?
No. Most property settlements are resolved by negotiation or mediation. Agreements can be formalised by consent orders or a binding financial agreement without going to court.
4. How long do I have to finalise property settlement?
You must apply within 12 months of a divorce becoming final or within 2 years of separation for de facto relationships. Applications outside these timeframes need court permission.
5. What happens to the family home?
The family home is part of the property pool. Options include selling it and dividing the proceeds or transferring ownership to one party. Arrangements depend on your overall settlement.
6. How is superannuation treated in property settlement?
Superannuation is treated as property and can be split between parties. It’s important to get legal and financial advice about options and tax implications. To split superannuation, you must do either a consent order or a financial agreement.
7. What is spousal maintenance?
Spousal maintenance is financial support from one party to the other after separation if one person cannot adequately support themselves and the other has capacity to pay.
8. Can I protect my assets before marriage or a de facto relationship?
Yes. A Financial Agreement (sometimes called a prenup or BFA) can set out how property will be divided if the relationship ends. These agreements must meet strict legal requirements to be enforceable.
9. What is disclosure in family law?
Each party must provide full and frank disclosure of their financial circumstances, including income, assets, debts, and superannuation. This helps ensure transparency and fairness.
10. How do I formalise a property agreement?
You can formalise an agreement through consent orders approved by the court or a Financial Agreement (commonly called a BFA or Binding Financial Agreement). Both options have legal consequences, so you should always get legal advice before signing.
Domestic and Family Violence
1. What is domestic violence?
Domestic violence includes physical, emotional, financial, or sexual abuse, threats, intimidation, or coercive control in a relationship. It can also involve damaging property or isolating someone from support.
2. What is an Apprehended Domestic Violence Order (ADVO)?
An ADVO or Protection Order is a court order that restricts the behaviour of the person using violence. It can prevent them from contacting or approaching you and protect your safety.
3. How do I get an ADVO?
You can apply for an ADVO through the police or at your local court. In urgent situations, police can issue an interim order immediately to protect you.
4. What support services are available?
There are many free 24/7 helplines, including:
- 1800RESPECT: 1800 737 732
- NSW Domestic Violence Line: 1800 656 463
- DVConnect (QLD): 1800 811 811
5. Will reporting domestic violence affect my parenting case?
Yes. The court prioritises children’s safety. Evidence of family violence can affect parenting arrangements, and protective measures may be put in place.
6. Can I leave the home if I fear for my safety?
Yes. Your safety and your children’s safety come first. Leaving does not mean you give up your rights to property or parenting arrangements.
7. Can I apply for urgent parenting or property orders?
If you are at risk, you can apply to the court for urgent orders to protect yourself and your children. We can help you prepare and file these applications quickly.
8. Is my information confidential if I disclose domestic violence?
Yes. Everything you tell your lawyer is confidential unless the law requires disclosure to prevent serious harm.
9. What if I have been falsely accused of domestic violence?
False allegations are taken seriously. We can help you respond to protect your rights, gather evidence, and present your case clearly.
10. How can a family lawyer help with domestic violence?
We provide urgent advice, help you apply for protection orders, represent you in court, and guide you through the family law process to keep you and your children safe.
Dispute Resolution and Mediation
1. What is family law mediation?
What is family law mediation?
Family law mediation is a structured and confidential process where separating couples work with an independent mediator to try to resolve disputes about parenting, property, or finances without going to court. The mediator facilitates discussion, helps manage conflict, and supports both parties to reach practical, mutually agreeable solutions. Mediation often leads to faster, more cost-effective outcomes and can reduce the emotional toll associated with court proceedings.
2. Do I need to attend mediation before going to court?
Yes, in most parenting cases, you are legally required to attempt family dispute resolution (FDR) before applying to the court. A certificate (called a section 60I certificate) must be filed with your application. Exceptions exist if there are concerns about family violence, urgency, or where mediation is inappropriate. While not mandatory for property settlements, mediation is strongly encouraged as courts expect parties to make genuine efforts to resolve disputes before litigation. To file a court application for property settlement you will need to file a Genuine Steps Certificate to show you made genuine steps to resolve the matter through means such as mediation.
3. What is the role of a mediator in family law?
A mediator is an impartial, professionally trained facilitator who helps parties identify the issues in dispute, explore options, and negotiate agreements. They do not provide legal advice or decide the outcome. Instead, they guide the conversation to help you communicate more effectively, clarify misunderstandings, and reach a resolution that works for everyone involved. Mediators can be lawyers, barristers, ex-judges, psychologists, or trained dispute resolution practitioners.
4. Is mediation legally binding?
No, not automatically. Mediation outcomes are not legally binding unless the agreement is formally documented. Parenting agreements can be turned into legally enforceable consent orders by applying to the court. Property settlements can be formalised through consent orders or Financial Agreements (also known as Binding Financial Agreements). At Ramsden Family Law, we help clients ensure their mediated agreements are properly and legally recorded to provide certainty and enforceability.
5. Can I bring a lawyer to mediation?
Yes, and in many cases, it is beneficial. Having a lawyer present ensures you understand your legal rights and entitlements during negotiations and can provide support if discussions become challenging. Lawyers can also help reality-check proposals, suggest solutions, and negotiate on your behalf if needed. We often attend mediation with clients and help prepare thoroughly beforehand to maximise your chance of success.
6. What are the benefits of resolving disputes through mediation?
Mediation offers several benefits: it is generally faster, more affordable, and less adversarial than court proceedings. It gives parties more control over the outcome, allows flexible and creative solutions, and helps preserve relationships—particularly important when children are involved. Mediation is also confidential, which means personal and financial matters are not made part of a public court record.
7. How do I know if mediation is appropriate for my situation?
Mediation is suitable where both parties are willing to participate in good faith and there is a reasonable chance of reaching agreement. It may not be appropriate in situations involving family violence, power imbalances, or where one party refuses to negotiate. We will assess your individual circumstances and advise whether mediation is likely to be effective and safe in your case.
8. What happens if we don’t reach an agreement in mediation?
If mediation doesn’t result in agreement, you can still proceed to court. In parenting matters, the mediator will provide a section 60I certificate, which you’ll need to file an application. Even if no full agreement is reached, mediation can still clarify the issues and narrow the dispute, which can be useful in court. We can help you take the next steps and prepare any necessary applications.
9. What is shuttle mediation?
Shuttle mediation is a type of mediation where the parties remain in separate rooms (or virtual breakout rooms), and the mediator moves between them to convey offers and facilitate discussion. This approach is often used when parties feel unsafe, there’s high conflict, or direct communication is difficult. It can help reduce tension and make it easier for both sides to express their views.
10. How do I prepare for mediation?
Good preparation increases the chance of a successful mediation. We’ll help you prepare by clarifying your goals, understanding your legal position, gathering necessary documents (like financials), and developing a negotiation strategy. It’s also important to consider your best-case, worst-case, and acceptable outcomes so you can negotiate effectively. Attending with a lawyer ensures you’re supported throughout the process.
Family Court Representation
1. What does a family lawyer do in court?
A family lawyer represents your interests and advocates on your behalf throughout court proceedings. This includes preparing and filing all required documents, presenting evidence, cross-examining witnesses, drafting affidavits and submissions, and negotiating with the other party’s legal team. A skilled family lawyer also provides strategic advice tailored to your situation and ensures compliance with complex court procedures to improve your chances of a fair and timely resolution. In most situations a family lawyer will ‘brief’ a barrister for more complicated hearings.
2. When do I need to go to family court?
Family court becomes necessary when disputes cannot be resolved through negotiation, mediation, or other informal means. Common reasons for court proceedings include unresolved disagreements about parenting arrangements, division of property, spousal maintenance, child support, or where urgent protection is needed in cases of domestic violence. The court provides a legally binding outcome when agreement cannot be reached voluntarily.
3. What types of family law cases go to court?
The Federal Circuit and Family Court of Australia hears cases involving divorce applications, parenting disputes, property settlements, spousal maintenance, child support enforcement, family violence orders, breach of orders, and de facto relationship claims. Whether your matter is simple or complex, our team is experienced in preparing and running all types of family law litigation.
4. What are interim and final hearings?
An interim hearing deals with urgent or short-term issues before a final determination is made, such as temporary parenting arrangements or the preservation or sale of assets. A final hearing is a full trial where each party presents evidence and witnesses, and the judge makes binding decisions to finalise the dispute. Most matters settle before reaching a final hearing, but we prepare every case thoroughly in case it does proceed to trial.
5. How long does it take to resolve a family court case?
Timeframes vary depending on the complexity of the case, how prepared the parties are, and the court’s schedule. Urgent matters may be heard within weeks, while full litigation involving property and parenting can take 18–24 months. We aim to resolve issues early where possible and keep you informed throughout the process to minimise stress and delay.
6. Can I represent myself in family court?
Yes, you are allowed to represent yourself, but it is generally not advisable. Family law involves complex legislation, strict rules of procedure and evidence, and significant legal consequences. Without proper knowledge of procedure, you may unintentionally harm your case. A lawyer can ensure your documents are properly prepared, your arguments are persuasive, and your rights are fully protected.
7. What is the court’s role in parenting disputes?
The court’s primary role is to make orders that are in the best interests of the child. It considers various factors, including the benefit of a meaningful relationship with both parents, protection from harm, the views of the child (where appropriate), and each parent’s capacity to care for them. The court can issue orders about living arrangements, decision-making, and parental responsibility.
8. What happens if someone breaches a court order?
If a parenting or financial order is breached, the affected party can apply to the court to enforce the order. The court may require the other party to explain the breach, impose consequences (such as make-up time, fines, or in serious circumstances warrant for an arrest), or even vary the existing orders if circumstances have changed. We can assist in taking enforcement action or responding to allegations. It is important to get legal advice to determine if an Application – Enforcement or Application – Contravention is more suitable.
9. Will the judge believe me over my ex-partner?
The court does not decide cases based on who is more persuasive alone, it assesses the evidence. This includes affidavits, financial documents, witness statements, expert reports, and conduct during proceedings. We help you present your case clearly and thoroughly so that the court has the best possible understanding of the facts.
10. How can Ramsden Family Law help with court proceedings?
We offer experienced, strategic representation for clients in all stages of family court proceedings. From drafting your initial application to final hearings and appeals, we are by your side throughout. Our team is known for clear advice, strong advocacy, and results-driven outcomes. Whether your case involves property, parenting, or both, we’ll help you navigate the process confidently and efficiently.
