Common questions

No. You can get advice while you are considering separation, before making a decision or discussing arrangements with your partner. A first appointment can help you understand your position, the options available and any steps that need attention now. It does not commit you to starting court proceedings. Read about what to expect at a first appointment.

The first appointment is charged at your solicitor’s hourly rate and usually takes about an hour. Each solicitor has their own rate; reception can tell you the current rate when you book. Getting in touch to enquire is obligation-free, but the appointment is not free. Our fees page explains how we charge.

Your lawyer will go through your circumstances, explain your options and discuss what needs attention first. The appointment usually takes about an hour. You complete intake forms beforehand so your lawyer has the background. If more information is needed before advice can be given on a particular issue, your lawyer will explain what is missing. Read more about what to expect.

Bring what you have - it does not need to be complete. Useful information includes key relationship dates, existing orders or agreements, and letters or court documents you have received. For property matters, bring a list of what you both own and owe, with any relevant financial records you can access lawfully and safely. Explain what is missing rather than delaying advice to assemble a complete file. Our first-appointment guide has a fuller checklist.

Before giving advice, we check whether we can act for you. If we can assist, we will arrange a first appointment. The office is open Monday to Friday, 8.45am to 5.15pm. If you have a hearing date or an approaching deadline, mention it when you contact us.

No. We charge for time spent on your matter at your solicitor’s hourly rate. We provide a written costs agreement before work begins. Monthly itemised invoices show the work charged. You can also ask about outstanding fees and work not yet billed, or request a written costs report at no charge. Read more about how we charge.

Possibly. PWB is accredited with JustFund, which offers eligible clients funding for legal fees and expenses in separation or relationship property matters, with repayment at settlement. Funding is subject to JustFund’s approval, and interest and fees apply. Check the terms and total cost before deciding whether it suits you. Our third-party finance information links to the provider’s current details.

We do not currently have capacity to take on new legally aided matters. For information about applying for legal aid, contact Tasmania Legal Aid. Hobart Community Legal Service and Women’s Legal Service Tasmania may also be able to help with free legal advice and information. Their details are in the legal aid section of our fees page.

Not necessarily. Parenting and property disputes can often be resolved through negotiation or mediation without a contested hearing. An agreement may still need court approval if it is being formalised through consent orders, but that can usually be done without attending court. If agreement is not possible, or urgent protection is needed, court proceedings may be appropriate. Our what to expect page explains the steps after an initial appointment.

We can advise on how family violence affects parenting, property and other family law issues, including whether protective orders are available in the federal family law court. We do not currently act in state family violence order applications in the Magistrates Court of Tasmania. Tasmania Legal Aid’s Safe at Home service can advise victims of family violence about those orders. When seeking family law advice from PWB, mention any safety concerns and existing orders. If anyone is in immediate danger, call 000.

A divorce is the legal end of your marriage. It does not divide property, resolve spousal maintenance or decide arrangements for children. Those matters are dealt with separately and can be addressed before you divorce. The timing still matters: once a divorce becomes final, a time limit generally applies to starting property or maintenance proceedings. Our divorce guide explains how the processes fit together.

You must have been separated for at least 12 months and one day before applying. The court also needs to be satisfied that the marriage has broken down and there is no reasonable likelihood of resuming married life. You do not need to establish who was at fault, but the other requirements for divorce still apply. You do not have to apply as soon as the waiting period ends.

You or your spouse must be an Australian citizen, regard Australia as your home and intend to live here indefinitely, or ordinarily live here and have done so for the 12 months immediately before applying. You must also meet the other divorce requirements, including the separation period. Being married overseas does not, by itself, prevent an Australian divorce. Our divorce guide explains the application and supporting documents.

You will need your marriage certificate. If it is not in English, you will also need a translation and an affidavit from the translator. Further evidence may be needed to establish citizenship or residency, explain separation under one roof or deal with a missing certificate. The application and its supporting affidavit must also be completed. Our divorce guide explains the main document requirements.

No - together or alone both work. A joint application is signed by you both and nothing needs to be formally served. A sole application is signed only by you, and the paperwork must then be properly served on your former partner.

Yes. Separation can occur while you are still living in the same home. If that applies during the separation period relied on for a divorce, the court needs extra evidence explaining how the relationship changed. This is given in affidavits and can cover finances, sleeping arrangements, household responsibilities and why you continued living together. Evidence from another person may also be needed. Read about separation under one roof.

You no longer need to attend counselling or provide a counselling certificate just because you have been married for less than two years. The usual requirements for divorce still apply.

Applications are made to the Federal Circuit and Family Court of Australia, usually through the Commonwealth Courts Portal. You can apply yourself or ask a lawyer to prepare and file the application. PWB handles divorce applications, including arranging service where needed. A court filing fee applies separately from any legal fees, although some applicants qualify for a reduced fee. Our divorce guide explains the process and links to current court fees.

Most divorce applications can be decided without you attending the hearing. Attendance may be needed if the divorce is opposed, there are difficulties serving the documents or the court directs it. We appear for you where attendance is required.

You can apply after at least 12 months and one day of separation. The time from filing to a final divorce then depends on the available hearing date, service and whether the court needs more evidence. Once granted, the divorce usually becomes final one month and one day later. Do not assume it will be granted at the first hearing, particularly if you are planning to remarry. Read more about divorce timing.

A divorce usually becomes final one month and one day after the court grants it, unless the court orders a different period. The final order can then be downloaded from the Commonwealth Courts Portal. If PWB acts for you, we provide it to you. Keep a copy and check the final date: you must not remarry before then. Our divorce guide also explains the financial deadlines that follow.

There is no rule that children live with one parent over the other, or that their time must be divided equally. The children’s best interests come first, including their safety, needs and views, and relationships with parents and other important people where those relationships are safe. Practical matters such as school, travel and each parent’s ability to provide care also need attention. Our parenting guide explains how arrangements can be worked out and recorded.

A parenting plan is a voluntary written agreement, signed and dated by the parents. It records the arrangements but is not legally enforceable. Consent orders are made by the court and are legally binding and enforceable, even though the parents agree on their terms. If orders already exist, get advice before signing a later parenting plan, because it can affect how the orders operate. Our parenting guide explains both options.

Major long-term decisions and the time a child spends with each parent are separate questions. Spending more time with one parent does not automatically give that parent sole authority. Orders can allocate joint or sole decision-making for matters such as schooling and significant health issues. Where joint decision-making is ordered, parents must consult and make a genuine effort to agree. Everyday decisions are generally made by the parent caring for the child, subject to the orders. Read about parenting arrangements and decision-making.

Usually, you need a section 60I certificate from a family dispute resolution practitioner before starting contested parenting proceedings. There are exceptions, including urgency, family violence and child abuse or risk of abuse. A practitioner can also issue a certificate where mediation is inappropriate or another person refuses to participate. You do not need to attempt mediation before seeking legal advice. Our parenting guide explains dispute resolution and when an exemption may apply.

Take advice before committing to a move that would affect your children’s time with the other parent. This can include moving within Tasmania as well as interstate or overseas. Existing orders need to be checked, and court permission may be needed if agreement cannot be reached. Moving without agreement or an authorising order can lead to an order for the child’s return. Our parenting guide covers relocation and travel.

If relevant parenting orders are in force, or parenting proceedings are underway, taking a child out of Australia generally requires an authorising court order or authenticated written consent from every other party. The consent must meet formal signing and witnessing requirements; do not assume a text message is enough. Taking the child without the required permission, or keeping them overseas beyond the permitted period, can be a criminal offence. A passport does not itself give permission for a trip. Check the travel requirements before booking.

Sometimes. An Australian child passport generally requires consent from everyone with parental responsibility under passport law. Certain Australian court orders allow a passport to be issued without full consent. The Passport Office can also consider special circumstances, but approval is not guaranteed and processing may take longer. Permission to obtain a passport is separate from permission for a particular trip. Our parenting guide explains the distinction and links to the Passport Office’s requirements.

They can be changed, but an informal discussion does not change an order. If everyone agrees, revised consent orders or, in some circumstances, a parenting plan may be appropriate. If there is no agreement, the court generally needs to be satisfied that circumstances have changed significantly and that reconsidering final orders is in the child’s best interests. Get advice about the existing orders before relying on a different arrangement. Our parenting guide covers changes over time.

Keep a factual record of missed arrangements and relevant communications, and get advice about the terms of the orders and the available response. The other parent’s failure to comply does not automatically release you from your own obligations. If a child has not been returned, cannot be located or may be taken away, seek urgent advice. If anyone is in immediate danger, call 000. Our parenting guide explains breaches and links to recovery-order information.

Services Australia usually assesses child support using a formula based on each parent’s income, the number and ages of the children, and the care each parent provides. You can apply directly without a lawyer. If the assessment does not properly reflect your circumstances, or you are considering a separate agreement, we can advise on your options. Read more about child support assessments and agreements.

Yes. A limited agreement requires an existing assessment, and the agreed payments must be at least the assessed amount. Independent legal advice is not compulsory. A binding agreement requires independent legal advice for each parent and can provide for more or less than the assessed amount. Agreements can include particular expenses, such as school fees. Before signing, consider how payments could change, how the agreement can end and any effect on Family Tax Benefit Part A. Our child support page explains the differences.

Tell Services Australia promptly, because changes can affect your assessment and delays in reporting can affect when an adjustment starts. If you have a child support agreement, do not assume the payments automatically change with your income. The agreement’s terms and the legal rules about changes in care need to be checked. Our child support page explains assessments and agreements; Services Australia explains what changes to report.

A property settlement deals with how assets and debts are divided after a marriage or de facto relationship ends. It can be formalised through consent orders or a binding financial agreement. Once properly formalised, it is legally binding, although there are limited circumstances in which it can later be challenged or set aside.

The family home is part of the overall settlement. Whether either of you can keep it, or it is sold and the net proceeds divided, depends on all the property available for division, each person’s financial and non-financial contributions during the relationship and after separation, and each person’s future needs. Contributions are not limited to the home. Other relevant factors can include the effects of family violence.

There’s no automatic 50/50 split in Australia. The outcome is what’s just and equitable in your circumstances.

Yes, if your relationship qualifies for a de facto property claim. Similar principles apply to married and eligible de facto couples, including same-sex couples. Eligibility usually requires a relationship of at least two years, but there are other qualifying circumstances, including having a child, a registered relationship or significant contributions where refusing an order would cause serious injustice. Geographic requirements also apply. The usual court deadline is two years after separation. We can advise on eligibility and property settlement options.

A de facto relationship is a relationship between two people living together as a couple on a genuine domestic basis, who are not married to each other or related by family. It can involve same-sex or different-sex partners. Whether a relationship qualifies depends on its circumstances, including shared living arrangements, finances and commitment to a shared life. There is no single deciding factor. Qualifying for a de facto property claim involves additional requirements.

The court identifies what each of you owns and owes, including superannuation, assesses financial and non-financial contributions, and considers your current and future circumstances. Caring for children and homemaking count as contributions alongside earnings and property. Age, health, earning capacity and the care and housing needs of children can also matter. The economic effect of family violence must be considered where relevant. Orders must be just and equitable; there is no fixed percentage. Our property settlement guide explains the assessment.

Yes. Property does not fall outside the assessment simply because it is held in one person’s name. The starting point includes what you both own and owe, individually and together. You should also identify assets brought into the relationship and gifts or inheritances. How and when an asset was acquired matters when contributions and the overall outcome are assessed; it does not produce an automatic exemption or percentage. Our property settlement guide explains what is considered.

Both parties have an ongoing duty to provide full and frank financial information relevant to their property or financial dispute. This includes income, assets, debts, superannuation and financial resources, with relevant supporting records. It applies before court proceedings as well as during them. If you do not have access to some records, explain what is missing; do not assume you must obtain them through your former partner’s private accounts. Our property guide explains disclosure and obtaining information.

Superannuation is part of the property settlement assessment. It can be split between you as part of a settlement, but this does not mean you can access the superannuation immediately. The usual rules about when superannuation can be accessed still apply. How much superannuation and other property can and should be divided needs careful consideration with your lawyer. Read more in our property settlement guide.

The next step is to give the agreement legal effect, usually through consent orders or a binding financial agreement. An informal division of property does not prevent a later property claim, subject to time limits. The two formal options have different requirements and legal effects, so the documents need to suit the settlement you have agreed on. Our property settlement guide explains how agreements are formalised.

Consent orders are court orders made by agreement. They can cover property and maintenance and/or parenting arrangements, and can usually be made without you attending court. Once made, they are legally binding. Final property orders can only be changed or set aside in limited circumstances.

The deadline for starting court proceedings is 12 months after a divorce becomes final for married couples, or two years after separation for de facto couples. You do not need to wait for a divorce to deal with property or maintenance. These are filing deadlines, not deadlines for the whole case to finish, and continuing negotiations does not extend them. If the deadline has passed, a late application may still be possible. If the other party does not agree, you can seek the Court’s permission, but permission is granted only in limited circumstances. Get legal advice about your options. Our divorce and time-limits guide explains the position for married couples; our property guide also covers de facto deadlines.

Family pets are dealt with under property law, not parenting law. If you cannot agree, the court considers matters including how the pet was acquired and cared for, each person’s ability to care for it, attachments to the pet and relevant family violence or animal abuse. The court cannot order shared care or joint ownership of a companion animal. You can read the court’s guidance on family pets or seek advice about your property settlement.

Spousal maintenance is financial support from one spouse or former spouse to the other, separate from child support. Similar support can be available after an eligible de facto relationship ends. It may be payable where one person cannot reasonably meet their own needs and the other has the capacity to help. Earning less than your former partner does not, by itself, establish an entitlement. Read more about spousal maintenance.

Yes. Maintenance can be sought while property negotiations are underway, and you do not need to wait until you are divorced. You still need to establish your need for support and the other person’s capacity to pay. If you cannot meet necessary living expenses now, seek advice promptly; urgent or interim orders may be available. Our spousal maintenance page explains the relationship between support and property settlement.

There is no fixed amount or standard duration. The assessment considers reasonable living expenses, income, assets, health, earning capacity and responsibilities caring for children, alongside the other person’s ability to pay. Maintenance may involve regular payments, a lump sum or payment of particular expenses, sometimes for a fixed period. A property settlement can affect the need for support or capacity to pay it. Our spousal maintenance page explains the main considerations.

A private agreement about property, financial resources or maintenance, made before, during or after a marriage or de facto relationship. It does not require court approval, but must meet legal requirements to be binding. Each of you needs independent legal advice before signing. A court can set an agreement aside in limited circumstances.

It must meet the requirements of the Family Law Act. These include a written agreement signed by the parties, independent legal advice for each partner before signing, and the required signed statements from the lawyers confirming that advice. Financial disclosure and the circumstances in which the agreement was made also matter. Whether a particular agreement is binding needs legal assessment, not just a check that it has been signed.

Yes. In Australia, a prenup is generally a financial agreement made before marriage. Agreements can also be made before a de facto relationship, during a relationship or after separation. They can set out how specified property or maintenance will be dealt with if the relationship ends. Both people need independent legal advice before signing, and the agreement must meet legal requirements. Read about what financial agreements can cover.

Yes. An agreement can address selected assets or issues rather than your entire financial position. For example, it might deal with a family farm, business, inheritance or property owned before the relationship. The terms need to be clear about what is covered and what is left outside the agreement. Our financial agreements page explains the options and what to consider before signing.

Yes, in limited circumstances. Grounds can include fraud or significant non-disclosure, improper pressure, or later circumstances that make the agreement impracticable to carry out. A material change involving a child’s care may also provide grounds where keeping the agreement would cause hardship to the child or their carer. These are specific legal tests; a change in circumstances does not automatically undo an agreement. Read more about financial agreements and challenges.