Frequently asked questions (FAQs)
A clearer place to begin.
General answers to common questions. Your rights and options will depend on your particular circumstances.
Do I need to be divorced before dealing with property?
No. Property settlement can be addressed after separation and before a divorce is final. Separate time limits may apply after divorce or the end of a de facto relationship, so obtain advice early.
Will my family-law matter have to go to court?
Many matters resolve through negotiation, mediation or consent orders. Court proceedings may be needed where agreement cannot be reached, urgent protection is required, or disclosure and procedural issues remain unresolved.
Is superannuation considered in a property settlement?
Superannuation is generally considered as part of the financial circumstances and can sometimes be split by agreement or court order. Fund-specific procedural requirements apply.
Should I update my will after separation?
Separation and divorce can affect estate-planning intentions in different ways. Review your will, powers of attorney, enduring guardian appointment and superannuation nominations promptly.
Does my superannuation automatically pass under my will?
Not necessarily. Superannuation is commonly dealt with under the fund rules and any valid death-benefit nomination. It should be reviewed alongside, but separately from, the will.
How long does probate and estate administration take?
Timing depends on the court’s current processing time, the estate’s assets and liabilities, taxation, beneficiary issues and any dispute. We give an updated estimate after reviewing the estate documents.
How will legal fees be explained?
Before substantive work begins, we explain how fees are calculated, likely external costs and the available estimate for the work. We update that information if the scope or assumptions change.
What should I bring to the first meeting?
Bring any key court documents, agreements, recent correspondence and a short chronology if available. Our friendly staff will tell you which financial, estate or identity documents are most useful for your type of matter.


