Frequently Asked Question - Oloan Family Law

Frequently Asked Questions

What will happen when I get in touch with O’Loan Family Law?

We’ll have a brief discussion with you over the phone regarding your situation or any other concerns you may have. This will be followed by an initial consultation. This is your chance to tell us your story. We will listen to you and ask you some questions so that we can understand and advise you about any legal issues. We understand that it may be difficult for you to talk about all of the details that are unique to your situation, but the more details you can provide, the better we can understand how to help you. It can be helpful for you to bring some notes with you, including key dates, any information you feel is important as well as any questions that you might have. If your matter involves property and financial settlement, some notes regarding assets, debts and liabilities may be useful. For matters relating to children, we will need to know some basic information such as their full names and dates of birth. Further information about where they go to school, their interests, and any special needs they may have (such as medical assistance) will also be helpful. It helps to bring whatever you think might be useful to the initial consultation and we can decide on the day what is helpful and what is missing. Our goal is to ensure that you are better placed to meet the challenges you are facing at the end of your initial consultation, which you should plan to set aside around 1 to 2 hours for. You are of course welcome to bring along a support person if you feel that is necessary.

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What will the initial consultation cost?

We offer a reduced fixed fee for your initial consultation of $400 plus GST. Whether or not you choose to work with us following this consultation, you should be confident that you will leave with a better understanding of both your legal position and the options available to you.

What happens after my initial consultation?

For many people, some initial advice is enough for them to figure out their next steps and move forward without the need for any further legal advice or assistance. However, if you assess that our practice is the right fit for you, we will invite you to sign a Costs Agreement which we will talk to you about at your initial consultation. Please remember that whilst most initial consultations are the start of an ongoing relationship, you are not obliged to continue to work with us.

How much will it all cost?

At O’Loan Family Law, it is important to us that you feel that the service you receive is deserving of your financial investment. We are transparent with our charges so that you know what to expect before we start working with you. We offer a fixed price for your initial consultation to give you the opportunity to decide whether we are the right fit for you. Our ongoing hourly rates reflect the quality and experience that you will benefit from as our client. We strive to keep our prices competitive while ensuring that you receive consistent quality advice and support.

How can I apply for a divorce and what is the process?

Our family law specialists will prepare and serve an Application for Divorce upon your spouse. Depending on the nature of the divorce, you may or may not be required to appear in court. Once the application is filed it generally takes around 6 to 8 weeks for the hearing to occur. Once the court is satisfied after consideration of all of the circumstances, you will be granted with a divorce that will then be finalised one month and one day after the proceedings.

Should I be aware of any important time limits?
  • De facto couples – property settlement and spousal maintenance orders must be filed within 2 years of separation.
  • Married couples – property settlement applications must be filed within 12 months of the divorce being finalized.
  • Divorce applications – couples can file for a divorce after they have been separated for at least 12 months.
My former partner and I are still on good terms. Can we work out an informal arrangement between us?

Yes, you can. But you should still arrange for this to be drawn up as a legal document. If this option is available to you, it is ideal to avoiding having to possibly attend Court at a later time, which will ultimately save you time, money and hassle.

Will I need to go to court?

At O’Loan Family Law, our family lawyers will evaluate and determine every possible method of resolution available to you, without the need for court proceedings. However, whether you or your family are required to make a court appearance primarily depends on the specific circumstances of your case.

Am I able to relocate with my children after separating?

Whether a court will grant you the legal right to relocate with your child or children depends on many factors. These factors may include, but are not limited to:

  • The type of relationship your children have with you and their other parent;
  • How the relocation will affect the children;
  • Considering the children’s views and how they correspond with the children’s best interests;
  • Your or the other parent’s capacity to provide a means of financial and emotional support to the children; and
  • The possibility of future conflicts or court proceedings.
I’ve heard jointly owned assets will be split equally. Is this true?

Property settlement can be complicated and depends on your unique circumstances. There is no law that guarantees you or your spouse will receive an equal share of assets. The court considers your initial contributions, your contributions during the relationship, any future needs you may have and whether it is just and equitable to make an adjustment of the ownership of assets.

If you have any questions that we have not answered here, please pick up the phone and call us for a chat.