• There is no requirement that you consult a lawyer.
• The important thing is that you both understand what your rights and responsibilities are and what you are agreeing to.
• You and your ex-partner may decide to use the Family Law Court’s Kit to draft your consent orders or you may instruct a lawyer to assist you with this process.
• Once you are happy with the terms you have negotiated you can file them at the court with an application for orders to be approved by consent. 
• If you have any doubts about whether your agreement is right for you then you should get some legal advice.

You can use our Phone a Lawyer service to get a preliminary consultation.

• Even if you can agree about some (or all) things you may still want to speak with a lawyer to ensure your interests are protected especially in circumstances where you have some doubts, are feeling pressured or if you just want to get an idea about what your rights are.
• You may need  to speak to a lawyer:
  • if you have negotiated the division of property with your ex-partner and want to check that it is fair;
  • if you are in conflict with your ex-partner and cannot come to an agreement about the division of property;
  • if you are going to sign a financial agreement;
  • if your ex-partner files an application at the court asking for consent orders and you do not agree; or
  • if you or your ex-partner arrange for mediation you may like to ask a lawyer to help you prepare or attend with you for support. If you are going to bring a lawyer to the mediation you should check with the mediator first what their requirements are. You should also choose your lawyer carefully. An aggressive and adversarial lawyer is unlikely to be very helpful in a mediation.
• Our LegalPlan™ membership will allow you to ask lawyers to handle your matter for a Fixed Fee Quote.

• Usually the court allocates a percentage of the net property pool to each party. The net property pool is calculated by deducting the total liabilities for both parties from the parties’ combined total assets.
• A lawyer will be able to give you an idea about likely percentages in your situation.
• The court can also specify who gets to keep which assets. If an asset such as a house needs to be sold the court will also specify how the proceeds should be divided up.
• Each case is different and the decision will depend on the specific circumstances of the family including contributions and future needs, what is in the asset pool and what the court believes is fair.

• No. The most important consideration for the court is that the settlement is ‘just and equitable’.
• This will mean different things in different cases. The percentage which the court considered just and equitable in your friend’s case may be very different from the percentage which the court awards to you.
• If you cannot reach your own agreement the court will carefully analyse the facts of your case against a number of questions before making its decision. These include:
  • the combined assets and liabilities of the parties;
  • past contributions;
  • future needs; and
  • what the court considers to be fair in the circumstances.

• Spousal maintenance is when one party makes payments to support the other party after a breakdown in a relationship. This means that the person seeking maintenance has established their “need” and the “capacity” of the other party to pay.
• You can either negotiate terms about spousal maintenance in your agreement or include it in your application for consent orders before the court.
• Spousal maintenance may be paid over a set period of time or in a lump sum.
• If you think you may be entitled to spousal maintenance then it is probably a good idea to get some legal advice.

• You will be able to tell the court your side of the story through your lawyer, in your affidavit (written statement) and by evidence in the witness box. You will also provide a Financial Statement which is also an opportunity to tell the court relevant information about your situation.
• Keep a diary of all the things you think are important and you will be able to talk to your lawyer about what concerns you. They will advise you on what information the court will want to know.
• You will likely need evidence to support your claims so start collecting and keeping a file of relevant financial documents.
• If you have any other questions about the court process you can use our free and anonymous Ask a Lawyer service.

• This really depends on how busy the court is. Usually it takes several months from start to finish.  Cases can take a long time and be emotionally and financially draining.
• Your lawyer is the best person to tell you how long you will have to wait to get a final hearing date from the court and to give you a rough idea about the timeframes you can expect for each step through the process. If you do not have a lawyer you can look for a Family Law specialist in your area using our free Find a Lawyer directory.

• It is very difficult to give an estimate as to how much your case will cost from start to finish. Each case is different. It depends on how many issues need to be decided by the court and how much your lawyer charges.
• At your first meeting with your lawyer you can ask them to estimate the cost of your case. By law they are required to disclose their costs and to provide you with a Costs Agreement which you may or may not choose to agree to.
• A lawyer can never anticipate everything that will happen in your case but they should be able to give you a rough range of the cost to run your case from start to finish.
• Each state and territory has different rules that apply to lawyers about what information they need to give you about costs. You can call the relevant Law Society for your state and they should be able to provide you will relevant information.

• This term basically means fair based on the guidelines set out in the Family Law Act 1975 (Cth). Before making a decision the court must be satisfied that the orders are fair to both parties.