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Statistics show that approximately 85% of family law disputes are resolved without the Court being required to make any decision. In other words people have agreed as to the outcome of their dispute and have only used the Court services to formalise that agreement or have decided that they do not require the agreement to be formalised at all.
Different time limits apply to bringing property settlement proceedings for married and unmarried people. For de facto spouses the relationship must last for 2 years before you can seek adjustive orders from a Court.You must make your application within 2 years of separation. For married people you must start your proceedings no later than one year after your divorce.
You are in a de facto relationship if you have lived with your partner, in a genuine domestic relationship, for two years or more. De facto relationships include both opposite and same-sex relationships.
It is great if parties are able to come to their own agreement regarding parenting and property matters. However once you have reached an agreement, you should have this formalised by way of a Consent Order or a Financial Agreement. Then in the event that one of the parties fails or neglects to uphold the agreement, you do have the capacity to enforce the agreement.
We are members of the Legal Aid panel and will apply for Legal Aid if you are eligible.
Litigation lenders provide funding to enable people to pursue legal action. Litigation loans are most common for class actions and personal injury claims, but are also available for some family law and deceased estate cases.