Family and Relationship Law FAQs
Commonly-asked questions about the legal aspects of family and relationship law in Australia.
What can I expect from my family lawyer?
We support our clients through every step of a separation and dispute resolution. We have a trusted network of psychologists, counsellors, tax professionals, financial advisers and valuers so our clients always have the best team to support them through the process.
What is involved in a first client conference and what do I need to bring with me?
Our initial conference will last approximately one hour. We will discuss the background of your relationship and provide you with advice on how the law applies to your circumstances. If your matter involves financial issues, we will provide you with an estimated range of your potential entitlements, based on the instructions you provide in the meeting. If you have children with your former partner, we will discuss how the court determines parenting arrangements and what an appropriate parenting regime may look like for your family.
Do I have to go to court to resolve my matter?
There are several ways to resolve family law matters without the need for litigation, including direct negotiations with your partner, lawyer-assisted negotiations and private mediation. A combination of these approaches may be utilised depending on the circumstances of the case.
What options are available to resolve my matter without going to Court?
Most of our clients will have their matters resolved outside of court. The most common way of reaching a negotiated outcome with your former partner is by way of mediation. There are a number of advantages of mediation, which avoids the costs and stress of court proceedings and allows the parties to have some control over the outcome. A third-party mediator facilitates discussions between the parties and their legal representatives over the course of the day and if an agreement is reached, it can be formalised by consent orders which becoming binding following approval from the court.
Who will be on my legal team?
As the largest family law team in Australia, our resources mean that we can match each client with appropriately experienced lawyers based on the complexity of the matter, the financial position of the client, and the level of expertise your matter will require. Often, we arrange for a senior and junior lawyer, together with their legal assistants, to work with you. This provides you with multiple contact points at the firm and provides a cost effective offering, with the work divided between the lawyers appropriately.
What is a benefit of using Lander & Rogers for my family law case?
As the largest family law team in Australia, and with the support of our wider commercial firm, Lander & Rogers can provide specialised family law advice, whilst also drawing on the expertise of colleagues in different states and areas of law.
Can I engage you if I already have legal representation?
Yes. We can arrange for your file to be transferred from your current lawyers and take the necessary steps to enable you to formally retain us. We will also need to consider any future court dates and/or deadlines and outstanding fees (if any) owed to your current legal representatives.
Can you appear for me at my hearing, conciliation conference or mediation?
Whether we consider it the best approach to appear for you directly or brief a barrister with respect to any hearing, conciliation conference or mediation, will depend on the complexity of your matter, the type of court event, as well as your individual needs and preference.
How will you work with other advisers such as accountants and financial planners throughout this process?
A lot of the information held by your accountant will be relevant to your family law matter, so with your written approval, we can connect with your financial team to obtain information relevant to your personal or corporate finances. We also have a close network of financial services professionals to whom we regularly refer our clients, particularly if they require advice following a financial settlement. Our extensive network enables us to connect our clients to a financial planner who is appropriately suited to their circumstances.