Question 1

How much will my family law matter realistically cost from start to finish?

Accepted Answer

The cost of a family law matter varies depending on complexity, level of conflict, and the process involved. Early negotiated outcomes are usually the most cost-effective. Matters involving ongoing negotiations, disclosure, valuations and mediation will cost more. Court proceedings, especially those involving interim hearings, expert evidence and a final hearing, can become quite expensive. The most accurate estimate can only be provided after we understand your specific circumstances.

Question 2

What should I do in the first few weeks after separation?

Accepted Answer

In the first few weeks after separation, you should record the date of separation, gather and preserve financial information (bank statements, tax returns, superannuation, property documents), ensure access to funds, maintain routines for children, and communicate carefully in writing where needed. Avoid hiding or transferring assets, making hostile communications, involving children in the conflict, or relying on informal arrangements that are not documented.

Question 3

Will I have to go to Court, or can my matter be resolved without litigation?

Accepted Answer

In many cases, you may not need to go to Court at all. A large number of family law matters are resolved through negotiation or mediation, including solicitor-assisted negotiation, roundtable conferences, family dispute resolution, and consent orders or binding financial agreements. Court is more likely where there is non-disclosure, serious parenting concerns, asset issues or a complete breakdown in communication. Even if Court proceedings are filed, most matters still resolve before a final hearing.

Question 4

How are assets actually divided in a property settlement?

Accepted Answer

Property settlements are not a simple 50/50 split. The Court follows a four-step process: identify and value the property pool (including real estate, savings, superannuation, businesses and debts); assess each party's financial and non-financial contributions throughout the relationship; consider each party's future needs such as income, care of children, age and health; and ensure the overall division is just and equitable.

Question 5

What are my chances of getting the parenting arrangement I want?

Accepted Answer

Parenting matters focus on what is best for the child, not parental entitlement. The Court considers the child's relationship with each parent, each parent's ability to meet the child's needs, any safety concerns, the child's views where appropriate, and each parent's willingness to support the child's relationship with the other parent. Your position is stronger if you prioritise your child's routine and wellbeing, communicate calmly, and support safe involvement from the other parent.

Question 6

How long will my family law matter take to resolve?

Accepted Answer

Timeframes vary significantly. Simple negotiated matters may resolve within weeks or a few months. Moderately contested matters often take several months. Litigated matters can take significantly longer, particularly where multiple Court events are required. Matters resolve more quickly when both parties provide full disclosure early, engage constructively in negotiation or mediation, and approach the process with realistic expectations.

HA YEON
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Ha Yeon is a Principal Lawyer and Director of SSB Legal whose practice focuses predominantly on Family Law.

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