Many clients who come to see us have never had to see a Family Law Solicitor before and understandably have very little knowledge of family and de facto law and the family law processes, as well as what options are available. Without correct knowledge these situations can become stressful and daunting.
Through our experience we have developed the following frequently asked questions surrounding family law to help guide you into a better understanding of the family law processes and how we can help you with your current situation.
When should I see a Solicitor?
You should make contact with a family law solicitor as early as possible. The earlier you make contact and get the ball rolling, the easier it makes it to start planning ahead and allows you to make clear, informed decisions. If you leave the phone call too late, it could have dire consequences on your case, you could miss important dates or incur unnecessary and avoidable fees. It is better to plan ahead, be organised and focussed to achieve the best possible outcome for your case.
How Long After Separation Can I Apply for Divorce?
12 Months or more.
What are the Grounds for Divorce?
In Australia there is only one reason for Divorce, that being an 'irretrievable breakdown of marriage'. This is shown by the couple being separated for 12 months or more.
Do all Family Law matters have to go to court?
No; at Hartley Healy, we do not recommend resolving all family law matters in Court litigation which accelerates conflicts between parties. We encourage mediation, not litigation. Our family lawyers are committed to proactively resolve your family law matter quickly and cost-effectively to minimise any emotional and financial stress. Litigation must always be a last resort.
Can I have property settlement before my divorce is finalised?
Yes; property settlement proceedings can commence after separation as long as both parties are in agreeance. The Court can organise Consent Orders to formalise the agreement.
I am in a same-sex relationship and want to leave, do I have any rights?
Yes; same- sex couples have the same entitlements under Australian law as heterosexual couples. Current Australian laws allow those leaving an unsuccessful same-sex relationship to pursue property settlement, as well as apply for child-support agreements.
What range of Property Settlement am I entitled to?
In divorce and separation there is no hard and fast rule in regards to Property Settlement. Every matter is different and is determined based on its own facts. To find out more, please read our fact sheet about How The Court Determines Property Settlement.
Can I apply for a Parenting (Court) Order before my divorce is finalised?
Yes, you are entitled to apply to the Court for either Interim or Final Parenting Orders following separation, and if both parties agree, Orders can be made by The Court to finalise the agreement.
Why Choose Hartley Healy?
Hartley Healy is a team of experts in all aspects of Family and De Facto Law. Our policy is to only employ Accredited Family Law Specialists or Solicitors who are prepared to undertake study toward achieving their Specialist Accreditation. We actively ensure that our staff maintain superior technical skills and knowledge in Family Law. Therefore, we are dedicated to providing expert Family and De Facto Law Advice for our many satisfied clients.
We are in the business of Family Law; we know the ins and outs of it all and make it our mission to ensure that we provide the best strategised solutions for our clients. We have seen all types of cases and know how to get the best outcome without over complicating matters or costing unnecessary fees. Our advice is based on years of experience, we are here to stack the odds in your favour and find a resolution that is best for you.
We ensure the best possible outcome for you in a timely manner; we can assist you to resolve your family matters and make a difference for you. Please contact us on 07 3220 1299 and book your initial consultation.
What happens during my initial consultation with Hartley Healy?
If you are separated, about to seperate or even contemplating leaving your parter, it is recommended that you make an initial appointment with our Family Law Specialists to discuss your unique matter, no matter how complex or even how straightforward it may seem. During this initial conference, our family lawyers can find out more specific details about your matter and provide you with expert advice about your rights, entitlements, and about the process involved in resolving your family law matter. The cost for this initial 1 hour consultation is only $440 (inc GST).
If you would like to arrange an initial conference with our experienced solicitors, either face-to-face or by telephone, please call (07)3220 1299 or fill complete the enquiry form. We are able to arrange the conference in Brisbane, Gold Coast, or Sunshine Coast.
Brisbane: Level 2, 283 Elizabeth Street, Brisbane Qld 4000, Australia
Gold Coast: Shop 9B, 220 Varsity Parade, Varsity Lakes, Qld 4227, Australia
Sunshine Coast: 8 Pikki Street, Maroochydore Qld 4558, Australia
Why is your initial consultation $440 and not free like I have seen on the net?
We are Family Law Specialists and your initial consultation is your opportunity to receive genuine, valuable legal advice relating to your unique matter; we will discuss the best way to proceed and possible outcomes; we don't want to get you in for a free sales pitch.
We aren't sales people and we don't make promises we can't keep. We are professional family law specialists providing the best possible service, priding ourselves on our extensive experience and professionalism; we know clients that choose to be represented by Hartley Healy are smart and not fooled by gimmicks, they simply want to receive the best possible counsel available.
We aren't after making as much money as we can from your matter; we are about finding the best possible outcomes for you.
How long should my initial consultation be?
A large portion of our clients are high net worth individuals who have complex circumstances. If this is you, please advise our office to allow extra time for the initial consultation.
If however you believe that your situation is fairly straightforward then, your initial consultation will only be an hour long. It is important to note that under our specialised guidance that your situation will remain to be straightforward.
What is an Accredited Family Law Specialist?
Accredited Specialists (Family Law):
Accredited Specialists in Family Law are recognised to have extensive experience, and have successfully completed an advanced, peer reviewed assessment program specific to Family Law.
At Hartley Healy we have five Accredited Family Law Specialists; Brett Hartley, Joe Healy, Beata Leszczuk, Tarah Tosh, and Debra Effeney. Specialists who are highly regarded to their expertise, experience, and professional knowledge in Family Law. Our other family law solicitors are also prepared to undertake study towards achieving their Specialist Accreditation.
What can I do if I live far away from Hartley Healy offices?
We cater for clients living far away from our offices located in Brisbane, Gold Coast and Sunshine Coast. No matter whether you are living in remote Queensland, in other state of Australia or overseas, we are mostly happy to contact you via telephone and internet service. Please contact us for more information and book your online consultation.