FAQ’s

It is absolutely essential that any agreement reached between spouses is put into writing and approved by the Court in the form of Court Orders. If parties do not take this step, which at the time may seem unnecessary and a waste of time and money, they may live to seriously regret it.

The Family Law Act enables a party to commence proceedings for property settlement regardless of whether or not an informal agreement has already been reached between the parties at an earlier stage.

In determining how the property should be divided, the Court will look at the assets and liabilities of each party as at the date the matter goes to Court, not as at the date of separation and not as at the date of the earlier agreement. This can be financially devastating to a party in some cases, especially if that party’s financial position has advanced significantly since separation occurred.

It is imperative that you seek expert legal advice and assistance when separating to ensure your rights and entitlements are adequately protected.

No. Not all Family Lawyers are the same. Family Law is a very complex area of law. This is largely because the law in this area is forever changing. The government is continuously updating and amending the Family Law Act and the associated rules and regulations in an effort to keep pace with the ever-changing standards and norms of our society.

The Family Court has a very large discretion as to what orders it will make in each particular case. It is imperative that Family Lawyers constantly educate and inform themselves about changes to the law and recent Family Court cases if they are to be in a position to advise their clients of the current legal situation, the arguments available, and the likely outcome if the matter proceeds to a Court hearing. It is the strong belief of Cahill Family Lawyers that to gain true excellence and expertise in the area of Family Law, a lawyer must practice exclusively within the family law field. This is not an area of the law where a lawyer should “dabble”.

It is a common misconception that the more you pay for a Family Lawyer the better they will be. Often, this is simply not the case. Sometimes, a lawyer’s higher fees are simply an indication that the firm the lawyer works for has high overheads. It is extremely important to remember this when you are choosing a Family Lawyer. Higher fees do not necessarily mean a better lawyer. Cahill Family Lawyers offer high quality, up to the minute, family law services at extremely reasonable and competitive rates.

It is natural for you to be worried about the unknown, and what your next chapter may look like financially and emotionally for you and your children if are thinking about taking that step.

You may wish to seek some advice about your options and rights before making a decision to leave a relationship, but fear that your partner may find out, particularly in a ‘small’ community like Geelong.

First and foremost, the team at Cahill pride themselves on being extremely discreet and approachable.

Whilst our lawyers live and work in the Geelong community (and surrounds), you should be comforted by the fact that our lawyers are bound by strict legal and ethical duties to ensure that, unless expressly authorised by you, your discussions with us remain utterly confidential, and will not be ‘gossiped’ about or mentioned to anyone. In fact, on a personal level, even without these legal and ethical duties being in force, our lawyers respect that your private life is exactly that- private- and not to be the fodder of schoolyard conversation.

Our lawyers also appreciate that the decision to separate is a significant one, and we would be pleased to alleviate any concerns you may have when weighing up your decision. Some of these concerns may be whether you have a claim for property settlement, how much your partner may have to contribute to the children’s expenses, where the children should live, and practical issues like whether or not you can insist your partner move out the home.

It is your life, and our lawyers simply want to help you make informed choices, whether it be to remain in the relationship or leave. We will never encourage you either way and just want to help ease your stress when weighing up your options.

If you would like to have a confidential discussion with one of our team members, do not hesitate to contact us on 5221 7844/5295 7000.

It is absolutely essential that any agreement reached between spouses is put into writing and approved by the Court in the form of Court Orders. If parties do not take this step, which at the time may seem unnecessary and a waste of time and money, they may live to seriously regret it.

The Family Law Act enables a party to commence proceedings for property settlement regardless of whether or not an informal agreement has already been reached between the parties at an earlier stage.

In determining how the property should be divided, the Court will look at the assets and liabilities of each party as at the date the matter goes to Court, not as at the date of separation and not as at the date of the earlier agreement. This can be financially devastating to a party in some cases, especially if that party’s financial position has advanced significantly since separation occurred.

It is imperative that you seek expert legal advice and assistance when separating to ensure your rights and entitlements are adequately protected.

The information you obtain at this site is not, nor is it intended to be legal advice.
You should consult a lawyer for advice specific to you circumstances.