Frequently Asked Questions

  • Separation occurs when a couple decides to end their relationship and live apart, even if they remain in the same home. Divorce is the formal legal process of ending a marriage. In Australia, you must be separated for at least 12 months before applying for divorce.

  • You must be separated for at least 12 months before filing for divorce. This demonstrates that the marriage has broken down irretrievably. Separation can occur even if both parties continue living under the same roof.

  • Yes, this is known as separation under one roof. You must show that the relationship has ended despite living together, including changes to finances, living arrangements and social interaction.

  • The first step is to understand your legal and financial position. This usually involves identifying assets and liabilities, considering parenting arrangements, and obtaining legal advice on your options and next steps.

  • No, there is no requirement to apply for divorce immediately after separation. Divorce is separate from financial and parenting matters, which can often be resolved first.

  • No, property settlement can be resolved at any time after separation. You do not need to wait for a divorce. However, strict time limits apply once a divorce becomes final.

  • Yes, superannuation is treated as property and is included in the asset pool. It can be divided between parties through a superannuation split depending on the circumstances.

  • Property division is not based on a fixed formula. The Court considers the total asset pool, each party’s financial and non-financial contributions, their future needs, and whether the outcome is just and equitable.

  • Yes, applications for property settlement must generally be made within 12 months of a divorce becoming final. If this period has expired, the Court’s permission is required to proceed.

  • The timeframe varies depending on the complexity of the matter and whether agreement can be reached. Some matters resolve within a few months, while others involving complex assets or disputes may take longer.

  • All assets and liabilities are considered, including real estate, savings, businesses, superannuation and debts. The Court looks at the total financial position of both parties, regardless of whose name the assets are in.

  • Assets held in trusts or companies may still be considered as part of the overall asset pool, depending on control and ownership structures. These matters can be complex and require careful legal analysis.

  • In most cases, parties must attempt family dispute resolution before applying to the Court for parenting orders. This encourages resolution without litigation. Exceptions apply in urgent matters or where there are safety concerns.

  • The child’s best interests are the paramount consideration in parenting matters. This includes factors such as safety, the child’s needs, and each parent’s capacity to meet those needs.

  • If agreement cannot be reached, the matter may proceed to Court. Before that, negotiation and mediation are usually attempted to resolve issues where possible.

  • Yes, parenting arrangements can be changed if circumstances change. This may occur by agreement or, if necessary, through Court orders where it is in the child’s best interests.

  • Yes, agreements can be formalised through consent orders or a binding financial agreement. These options make the arrangement legally enforceable without requiring contested proceedings.

  • If agreement cannot be reached, the matter may proceed to Court for determination. Before litigation, parties are encouraged to attempt negotiation and mediation wherever possible.

  • While not mandatory, obtaining legal advice before mediation is often beneficial. It helps you understand your rights, prepare effectively, and approach negotiations with clarity.

  • Costs vary depending on the complexity of the matter and the work required. Many firms offer an initial consultation to explain likely costs and available options.

  • You can arrange a consultation by contacting North Shore Family Lawyers by phone or email, or by completing the enquiry form on this website. A member of the team will respond after reviewing your enquiry and arrange a suitable time to discuss your matter.

  • You can contact North Shore Family Lawyers by telephone or email, or by submitting an enquiry through the contact form on this website. Details are available on the Contact page.

  • North Shore Family Lawyers is based in Chatswood on Sydney’s North Shore and acts for clients across Sydney, throughout New South Wales, and interstate, with consultations available in person, by phone, and via video conference.

  • Yes, North Shore Family Lawyers assists clients in parenting matters following separation, including arrangements for children, decision-making responsibilities and parenting disputes, with a focus on practical and workable outcomes.

  • The practice advises in family law matters involving complex financial structures, including trusts, companies, business interests and structured assets. This includes guidance on financial disclosure, ownership, control, valuation and how these matters are addressed within the family law framework.