Find clear answers to common legal questions, helping you better understand your options, processes and what to expect when working with Bedrock Legal Group / BRLG.
How is property divided during a divorce or separation?
Property division involves identifying the asset pool, assessing financial and non-financial contributions, considering future needs, and determining what is just and equitable. It is not automatically a 50/50 split.
How do I initiate a divorce in Australia?
To apply for divorce, you must be separated for at least 12 months and file an Application for Divorce in the Federal Circuit and Family Court of Australia. Divorce only formally ends the marriage. Parenting and property issues are dealt with separately.
How is child custody determined in Australia?
The Court focuses on the best interests of the child. This includes safety, the benefit of a meaningful relationship with both parents, and each parent’s capacity to meet the child’s needs. There is no automatic preference for either parent.
Do children have to spend equal time with each parent?
No. Equal time is not automatic. The Court considers whether equal time is in the child’s best interests and reasonably practical. In many cases, arrangements are tailored to suit the child’s needs, routines and safety.
Can I exclude certain assets from property settlement?
In some circumstances, assets such as inheritances, gifts or pre-relationship property may be treated differently. However, everything is considered in the overall assessment. Proper structuring or a Binding Financial Agreement may provide greater certainty.
What is spousal maintenance, and how do I apply for it?
Spousal maintenance is financial support paid by one partner to another if they cannot adequately support themselves and the other party has capacity to pay. It can be agreed privately or determined by the Court.
How is child support determined?
Child support is usually assessed by Services Australia using a statutory formula that considers each parent’s income and the care arrangements. Parents can also enter into private child support agreements in certain circumstances.
Do de facto couples have the same rights as married couples?
Yes, in most cases. De facto couples (including same-sex couples) have similar rights in relation to property settlement and spousal maintenance if the relationship meets the legal criteria under the Family Law Act.
Do I need a lawyer if my ex and I reach an agreement?
Even if you agree, it is important to formalise arrangements properly. Parenting agreements can be documented in Consent Orders. Property agreements should be legally binding to protect both parties and avoid future disputes.
What is mediation and does it work?
Mediation (often called Family Dispute Resolution) is a structured process where an independent mediator helps parties reach agreement. It is usually required before starting parenting proceedings, unless exemptions apply.
Who keeps the family pet after separation?
Pets are generally treated as property under the law. However, Courts increasingly consider who has been the primary carer and what arrangement is most practical. Clear agreements can avoid unnecessary conflict.
How can I protect my assets before entering a relationship or marriage?
A Binding Financial Agreement can set out how property will be divided if the relationship ends. It can protect assets such as a home, business, inheritance or family wealth when properly drafted and executed.
When should I consider a Binding Financial Agreement?
A BFA can be entered into before a relationship, during a relationship, before marriage, during marriage, or after separation. The appropriate timing depends on your circumstances and the level of certainty you seek.
Can a Binding Financial Agreement protect my business or inheritance?
Yes, if properly prepared. A BFA can quarantine specific assets such as a business interest, family trust, inheritance or pre-existing property. Independent legal advice is required for enforceability.
What happens if I die without a Will?
If you die intestate (without a valid Will), your estate is distributed according to Victorian succession law. This may not reflect your wishes and can create complications for blended families or de facto partners. We assist clients across Victoria with Wills and estate planning.
How often should I review my Will or estate plan?
You should review your Will after major life events such as marriage, separation, divorce, the birth of a child, or acquiring significant assets. A general review every few years is also recommended.
What is an Enduring Power of Attorney?
An Enduring Power of Attorney allows you to appoint someone to make financial and legal decisions on your behalf if you lose decision-making capacity. It ensures your affairs are managed by someone you trust.
Who can make medical or personal decisions if I lose capacity?
You can appoint a Medical Treatment Decision Maker or include appointments in your estate planning documents. Without clear appointments, decisions may fall to next of kin under statutory rules.
What should I do if there is family violence or I feel unsafe?
If you are in immediate danger, call 000. You may be able to apply for a Family Violence Intervention Order for protection. Legal advice can help you understand your options and ensure your safety.
How long does it take to resolve a family law dispute?
The time it takes to resolve a family law dispute depends on the issues involved, the complexity of the matter, and whether an agreement can be reached early. Some matters resolve within a few months through negotiation or mediation, while others take longer if court proceedings are required. Clear advice early on can help manage timing expectations and work towards a quicker resolution where possible.
How much does it cost to hire a lawyer?
Legal costs vary depending on the type of matter, its complexity, and the work required. At BRLG, we do our best to work with clients in a way that is practical and mindful of their circumstances and budget. In some cases, fixed fees may be appropriate.
