Getting Started: Fixed Fee Packages
Let us help you through this stressful time
What can I expect when starting a family law matter?
Just because you make an appointment to see a lawyer, don’t assume that you will end up in Court. You may be surprised to know that only 3% of separating parents require Court intervention, with the vast majority negotiating an agreement privately or with the assistance of their Lawyers. Wherever possible, we aim to reach agreement between parties in a family law matter, whether it be a parenting plan, consent orders and/or a financial agreement.
If an agreement cannot be reached, the next step is usually mediation. In a very high proportion of cases, parties who commit to mediation are able to reach an agreement at mediation.
Court proceedings are a last resort after every effort has been made to reach agreement by the parties and their legal representatives.
If an agreement cannot be negotiated, an Application can be made to the Federal Circuit and Family Court of Australia. When you choose Mason Lawyers, you will have each stage of litigation explained to you ahead of time, and your Lawyer will be by your side at each Court event.
Here’s how we can help you make a New Start!
Fixed Fee Getting Started
For new clients seeking comprehensive legal advice in property or parenting matters
Fixed Fee Divorce
Separated for a period of 12 months?
You can make an application for divorce
* for divorce not requiring a court appearance
^ excluding filing fee and service costs
FAQs
How long will it take to get divorced?
To file your application for divorce, you must be separated for at least 12 months.
Once the 12 month mark has passed, you can file your Application for Divorce.
Generally the Court will list your Application within 3 – 6 months.
If the Court application for divorce is successful and the divorce is granted on the date of the divorce hearing, the divorce will take effect one month and one day after the divorce hearing. This is also the date the divorce order will become available.
Which court decides parenting matters?
The Court that considers and determines parenting matters is now known as the Federal Circuit and Family Court of Australia (FCFCOA).
There are two divisions within the FCFCOA. Division I largely deals with complex matters or matters of significant abuse while Division II deals with most family law matters (both parenting and property).
What if we separate, get back together and then separate again?
This is a good question and the answer really is – it depends!
If the first separation occurred and before reconciling a property settlement was reached and formalised by way of either Court orders or a Binding Financial Agreement, then any property settlement following the second separation will likely only consider the period of reconciliation.
If no property settlement occurred before the second separation, then the total length of the relationship will need to be considered when distributing the asset pool.
This is a complex question, give one our family lawyers a call or book online to discuss this issue in more detail.
I want to see my child. What do I have to do?
There are a number of steps involved.
The Court rules (Federal Circuit and Family Court of Australia Rules 2021) require a person who wants to commence proceedings to take all reasonable steps to resolve the matter before commencing proceedings, unless an exemption applies (such as family violence or child abuse).
For parenting proceedings you will likely need to attend (or attempt to attend mediation). If mediation is unsuccessful or the other person does not agree to attend mediation, you will be given a section 60I certificate. In situations where there is family violence or an ADVO, you do not have to attempt mediation and can potentially commence proceedings straight away.
If you attend mediation or are given a section 60I certificate and intend on commencing proceedings, you must put the other party on notice of your intention to commence. The rules require a number of things to be included in your notice of intention to commence proceedings, including but not limited to an offer of settlement, the orders you intend to seek and the issues you say are in dispute.
Once all the pre-action procedures have been attended to, there are a number of documents that will need to be prepared, including:
- The Initiating Application;
- Affidavit;
- Notice of child abuse violence or risk;
- Parenting Questionnaire;
- Genuine Steps certificate.
There are rules as to how the above documents should be completed.
Give one of our experienced family lawyers a call to discuss any possible parenting proceedings, or book online. .
Is my ex entitled to 50% custody of the children?
Not necessarily.
The Court is required to consider a range of factors when asked to make parenting orders (either by consent or contested litigation).
Give us a call, or book an appointment online, and we can discuss these factors with you.
What is an ICL?
An ICL is an Independent Children’s Lawyer.
An ICL is appointed to act on behalf of children who are the subject of parenting proceedings.
Our Kasey Stewart is on the panel of Independent Children’s Lawyers. This gives us an edge when acting on your behalf in parenting matters.
Contact us to book an appointment with Kasey, or book online.
What time limits do I need to keep in mind when separating?
For parenting matters – none.
For property matters the time limits depend on whether you were married or in a de facto relationship.
If you were married, you and your former spouse will have 12 months from the date the divorce becomes final and takes effect to either resolve your property matter or commence proceedings in relation to property matters.
If you were in a de facto relationship, you and your former spouse will have 2 years from the date of separation.
There are occasions where the Court will grant leave to bring an application out of time however leave should not be expected or assumed.
Give us a call to discuss your property matter to ensure you finalise your matter before the jurisdictional time limit is up! Or you can book an appointment online.
Do I have to go to court?
No!
Family law matters can resolve at various stages, including:
- Through correspondence between lawyers;
- Mediation;
- Arbitration.
Here at Masons we take pride in being resolution focused. Book an appointment online today.
Which court will I have to go to for my family law matter?
The Court that considers and determines parenting matters is now known as the Federal Circuit and Family Court of Australia (FCFCOA).
There are two divisions within the FCFCOA. Division I largely deals with complex matters or matters of significant abuse while Division II deals with most other family law matters (both parenting and property).
Do I need a lawyer to make consent orders, or can I do it myself?
There are do it yourself forms and guides on the FCFCOA website. It is highly recommended that the proposed Orders be prepared by a Lawyer to ensure that the Orders are in an enforceable form.
Can I change my kids’ surnames without my ex’s permission?
For a change of surname, you must have the consent of both parents or a Court Order. Even if you have an Order for Sole Parental responsibility, you will not be authorised to change a child’s name.
Can my spouse refuse to get divorced?
In Australia we have a system of no fault Divorce. Provided the Court has jurisdiction, the Court can only refuse the Divorce application if the Court could not be satisfied that the parties have been separated for 12 months.
How is the date of separation worked out?
The date of separation is sometimes the date parties cease living together, however it can be the date that one party communicates to the other that the relationship or marriage is at an end.
Am I considered separated if we both still live in the same property?
The Family Law Act recognises that parties can be separated while they remain living under one roof. This looks different in each case, but typically separation is marked by the end of a shared bed, shared meals, shared washing, and the end of attending celebrations together.
The Family Law Act recognises that parties can be separated while they remain living under one roof. This looks different in each case, but typically separation is marked by the end of a shared bed, shared meals, shared washing, and the end of attending celebrations together.
Why should I pay for advice when some firms offer free initial consultations?
- It is often the case that free initial consultations (offered by other firms) are often capped at half an hour. It is frequently the case that a client spends the first half an hour telling the Lawyer what the problem is and receives no personalised advice during the free consultation period. At the end of the free period, you may be invited to continue your consultation at a cost which you were not expecting, or you may be asked to leave and make an appointment another day, which can be a waste of time.
- Family Law is often complex, and it is critical to the trajectory of your matter that instructions and advice are not rushed, particularly when taking initial instructions.
- Your first consultation is often emotional and involves the introduction of new terminology and concepts. With our getting started package you will promptly receive a comprehensive letter of advice detailing the advice provided in your consultation. This can offer great peace of mind.
- At Mason Lawyers you will receive high quality legal advice from the first consultation, and frankly that is a service worth investing in.
What can I do if I think my ex is still using drugs?
If there are reasonable grounds to believe a party is using illicit substances then the Court can make Orders requiring a party to undertake urine, blood or Hair follicle tests – the results will form part of the evidence.
Let our team help you with your family law matter
Kasey Stewart
Senior Family Lawyer
Kasey is an Accredited Specialist in Family Law. She leads the family law team and treats those going through the family law process with care and respect.
Nicole Richer
Family Lawyer
Nicole’s passion for assisting people and her ability to navigate the complexities of family law make her an invaluable asset to our team.
Our fixed fee packages can help you get started
Fixed Fee Getting Started $ 550 inc GST
For new clients seeking comprehensive legal advice
- Includes an initial 1-2 hour meeting with a family lawyer to explain the family law process, answer questions and map out the next step
- We provide a letter confirming our advice
Fixed Fee Divorce $ 1320 inc GST
Separated for a period of 12 months? You can make an application for divorce
- We prepare your application for Divorce
- We provide you with an itemised quote for all disbursements
- We will keep you informed every step of the way
Helping you make a New Start.
Why choose our family law team?
Family law cases are dynamic and diverse, and require personalised advice and attention. Our family lawyers will provide you with tailored advice each step of the way.
Our family lawyers have dealt with a wide variety of complex family law issues, including matters involving:-
- Separation where one or both parties owned a business
- Family violence, including coercive and controlling abuse, sexual abuse, and emotional abuse
- Large property pools with complex assets
- Hair follicle, urinalysis, and blood testing, for drugs of abuse, excessive alcohol consumption, and performance enhancing drugs such as steroids
- Parenting after separation and behaviour change courses
- DNA testing for parentage
- Recovery orders
- Separation where the parties have significantly different earning capacities.
- Relocation, within Australia and abroad
- Grandparents and non-parent carers
- Children and parents with special needs and/or mental health issues
Contact us to talk to one of our friendly family lawyers today.
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