Our lawyers can help you negotiate property and parenting issues with your former partner at any stage of your separation. You do not have to wait for your divorce to be finalised before you seek to resolve your property and parenting issues with your former spouse, either through negotiation and mediation or through the Court.
If there is a dispute about parenting, then before you or your former partner can commence court proceedings, there is a requirement that you make a genuine effort to resolve the dispute through Family Dispute Resolution first.
It is important to remember, however, that certain time limits do apply for instituting family law proceedings for property and parenting matters in the Family Court and Federal Circuit Court (save for exceptional circumstances where the time limits may be extended).
Once your divorce is finalised, there is a 12-month time limit in which you can commence proceedings for a property settlement or parenting arrangements in the Family Court or Federal Circuit Court. Separated de facto couples have two years from the date of their separation to commence such proceedings. In either case, our lawyers can assist you to sort out your property and parenting issues outside of court or to commence court proceedings if necessary.