5 Frequently Asked question regarding Family Law

Unlike all civil matters that you see in the court proceeding, family law matters can be different as some matters have people sentiments and emotional attachments involved. Some couples may be going through the separation with the help of Melbourne Divorce Lawyers; family matters are assisted by the family lawyers.

As family law, Family Lawyers Melbourne CBD and issues are not that frequent; people have a lot of questions regarding it. We have compiled a list of the five most frequently asked questions to provide you with the needed answers. 

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  1. What Is A De Facto Relationship?

There is no single "legal" definition of a de facto relationship; it can vary as per the different legal requirements.

In simple terms, the de facto relationship is defined as a relationship between two people of the same or opposite sex who are not related by blood, which is not legally married and is in a relationship of a couple or living together on a genuine domestic basis.

  1. Do You Need A Family Lawyer?

Early legal counsel from an expert family lawyer will almost certainly save you time and money in the long run. For example, meeting with a family lawyer early in the separation process will help you understand the divorce procedure, property settlement, and child custody arrangements, as well as the various options for resolving your family law issues, such as mediation/negotiation.

  1. Do All Family Law Matters Are Resolved Only In Court?

As per the statistics, around 85% of family law matters are handled without the need for a court judgement. In other words, the parties have reached an agreement and have simply employed the court to formalise it, or they have decided that the agreement does not need to be formalised at all.

Furthermore, only a few, as less as 2% of the applications submitted with the court, really make it to a final determination by a Judge or Federal Magistrate. As many as 13% of cases are settled after they have been filed in court but before a final decision is handed down.

So, not all family matters do not have to go to court.

  1. Are The Family Law Proceedings Public?

As per the law, courts must not only do justice but they must also be seen to do justice and do so independently by the public. As a result, practically all court sessions in Australia are open to the public. Unless the court orders differently, family law procedures are held in open court. Publishing to the public the precise names of parties participating in family law proceedings, however, is considered a crime.

  1. How Long Can A Family Court Hearing Go On?

In general, Family Court takes 2 to 3 years to resolve issues, although there are sometimes delays or faster resolutions too. Within 12 months after starting proceedings, the Family Lawyers Melbourne CBD is able to settle or finalise the vast majority of cases.

Because family court proceedings are not bound by any particular timelines, it is hard to predict or say the exact period of how long a family court hearing would go.

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