FAQs Archive Page 2 of 2 - Galloway Family Law

Q: Can I apply for a Parenting (Court) Order before my divorce is finalised?

Yes, you can apply to the Court for both Interim and Final Parenting Orders following separation and if you both agree, the Court can make Orders by consent to formalise the situation. A common question that arises is – ‘do I have to apply for parenting orders?’ Often people have an outdated understanding of family law, as in years gone by, a custody order would be made as a matter of course, typically at the time of divorce, giving all parental rights to one parent (often the mother) over the other parent. The law has changed substantially over the years, and the current Family Law Act is a long way from these attitudes. These days, family law does not require parents to apply for orders, and actively discourages legal proceedings, except in cases of risk to a child, or urgency if a child has been removed. The law directs parties into mediation before applying to the court. If you are worried that a parent may try to abduct a child, you need advice on how to prevent this, and what legal action you can take for recovery if that occurs.

Q: Does my matter have to go to court?

No. In many cases, parties reach an agreement without the assistance of the court. There are alternatives to commencing proceedings in court and these include mediation, conciliation, counselling and conferencing. However, it is important that any agreement is properly formalised, and that you give thought to what details should be included in the agreement, and what areas are likely to give rise to possible conflict in the future, so we can include provisions about all these matters.

Q: What happens at the first consultation?

The first consultation is very important. It enables us to talk to you to understand what it is important to you, and how far along you have gone through the separation process. We can obtain complete details regarding your circumstances, which will assist us to give you specific and tailored advice about things such as likely outcomes, assessing your priorities, timeframes, the legal process, whether any urgent action is required and estimated costs. It will assist us if you are able to bring with you: your own summary of the history and your thoughts about what you want out of the legal process a copy of any agreements or orders that have already been made in financial matters, a summary of your assets, liabilities, and superannuation of you and your spouse (being a description of these assets/debts/super, and the current value).

Can I have a property settlement before my divorce is finalised?

Yes. You can resolve your family property matters after separation [...]

By GO Creative Support|2018-02-07T02:29:21+11:00November 21st, 2017|0 Comments

Can I apply for a Parenting (Court) Order before my divorce is finalised?

Yes, you can apply to the Court for both Interim [...]

By GO Creative Support|2018-02-07T02:29:16+11:00November 21st, 2017|0 Comments

Does my matter have to go to court?

No. In many cases, parties reach an agreement without the [...]

By GO Creative Support|2018-02-07T02:29:10+11:00November 21st, 2017|0 Comments

What happens at the first consultation?

The first consultation is very important. It enables us to [...]

By GO Creative Support|2018-02-07T02:29:04+11:00November 15th, 2017|FAQ|0 Comments

If I do engage a lawyer, how much will it cost me?

This is a difficult question to answer, as legal matters [...]

By GO Creative Support|2017-11-15T07:18:21+11:00November 15th, 2017|FAQ|0 Comments