For both property and parenting family law matters, it is crucial to seek early legal advice.
Risks from Property Cases Before Legal Advice
In property cases, there are several risks, including:
- You may not be within time to file an application in Court. For married couples, you must file an application within twelve (12) months of a divorce order being made. For de facto couples, you must file an application within two (2) years of separation.
- Your former spouse may be making attempts to sell or dispose of assets, which may be difficult to “claw back”.
- There are risks that the matrimonial home or other properties that you may own may decrease in value between separation and you receiving a property settlement, and delay may harm the final payout you receive.
Risks from Parenting Cases
In parenting cases, there are also several risks, including:
- The other parent may flee the jurisdiction with the children. If within Australia, it will be easier for the children to be returned to you; however, if their location is unknown or is overseas, it may be difficult.
- There may be circumstances or agreements in place that do not support any applications you may make to the Court.
- The children may be at risk of harm with the other parent.
To Conclude
Accordingly, seeking legal advice early is crucial to assist you in understanding the complex legal system, in protecting your rights and preventing any future problems.
All of our Family Law Solicitors have specialised knowledge in property and parenting matters. If you require any assistance with your matter, please contact our team on 1300 557 819.
