Question 1

Can I get divorced without a lawyer?

Accepted Answer

Some people can file straightforward applications themselves. Legal advice is often sensible where service, safety, children, or timing issues are complex.

Question 2

Do both people need to agree?

Accepted Answer

Not always. A sole application can still proceed if procedural requirements are met, including proper service where required.

Question 3

How long do you need to be separated?

Accepted Answer

In many cases, you need to show at least 12 months of separation before divorce can be granted. If facts are unusual, legal advice may help confirm timing requirements.

Question 4

Is divorce the same as property settlement?

Accepted Answer

No. Divorce legally ends the marriage. Property settlement is the process of resolving assets, liabilities, superannuation, and financial arrangements. They are separate pathways that can run at the same time.

Question 5

Is divorce the same as separation?

Accepted Answer

No. Separation means the relationship has ended in practice, while divorce is the formal legal order ending the marriage. People are often separated for some time before they file for divorce.

Question 6

What if my spouse refuses?

Accepted Answer

Refusal does not always stop the process. A sole application may still proceed if procedural requirements are followed.

Question 7

What is separation under one roof?

Accepted Answer

It means people say they were separated while still living at the same address. Courts may require clearer evidence showing the relationship had ended in practice.

Question 8

Can children decide where they live?

Accepted Answer

Children’s views may be considered, but decisions are based on broader best-interest factors, including age, maturity, safety, and practical care arrangements.

Question 9

Do I need mediation before court?

Accepted Answer

In many parenting matters, mediation or FDR is expected before filing, unless an exception applies. The exact requirement depends on your circumstances.

Question 10

What are parenting orders?

Accepted Answer

Parenting orders are court orders that set parenting arrangements and are legally enforceable. They are often used when agreement is not stable or conflict is ongoing.

Question 11

What does the court consider?

Accepted Answer

Courts usually focus on the child’s best interests, including safety, practical arrangements, and stability.

Question 12

What if there are safety concerns?

Accepted Answer

Safety concerns should be addressed early. Urgent legal advice may be needed to assess protective steps and suitable interim arrangements.

Question 13

What if we cannot agree?

Accepted Answer

If agreement is not possible, people often move from negotiation to mediation and then, if needed, to court-managed pathways.

Question 14

What is a parenting plan?

Accepted Answer

A parenting plan is a written agreement about practical care arrangements for children. It is useful for clarity, but it is not automatically enforceable like a court order.

Question 15

What is equal shared parental responsibility?

Accepted Answer

It usually refers to shared decision-making about major long-term issues, not necessarily equal time. Practical arrangements are assessed separately.

Question 16

Can we negotiate without court?

Accepted Answer

Yes. Many people negotiate directly or through mediation and only move to court if agreement cannot be reached.

Question 17

Does 50/50 always apply?

Accepted Answer

No. Outcomes are not automatically 50/50 and usually depend on contributions, future needs, and the overall justice of the proposed result.

Question 18

Is superannuation included?

Accepted Answer

Superannuation is often relevant in property settlement and may be considered alongside other financial components.

Question 19

What are contributions?

Accepted Answer

Contributions can include financial input, non-financial effort, homemaking, and parenting contributions across the relationship.

Question 20

What are future needs factors?

Accepted Answer

Future needs factors may include earning capacity, health, care responsibilities, and practical financial circumstances after separation.

Question 21

What if someone hides assets?

Accepted Answer

Non-disclosure can seriously affect outcomes and process. Legal advice can help with disclosure strategy and response options.

Question 22

What is included in the asset pool?

Accepted Answer

The asset pool usually includes assets, liabilities, and superannuation relevant to the financial relationship, with proper disclosure.

Question 23

How should I prepare for mediation?

Accepted Answer

Prepare a clear proposal, identify your priorities, set realistic outcomes, and choose a calm communication approach. Good preparation usually reduces confusion and improves decision quality.

Question 24

What happens if mediation fails?

Accepted Answer

If mediation does not resolve the issues, people may try further negotiation, involve lawyers more directly, or move to a court-managed pathway where needed.

Question 25

What is Family Dispute Resolution?

Accepted Answer

Family Dispute Resolution is a mediation-focused process, often used in parenting disputes, where an independent practitioner helps both people discuss options and test workable arrangements.

Question 26

What happens at the first court date?

Accepted Answer

The first date is usually procedural. The court often sets directions, timetables, and next management steps.

Question 27

What if I represent myself?

Accepted Answer

Self-represented parties can still proceed, but strong document preparation and procedural discipline are important.

Question 28

What is a final hearing?

Accepted Answer

A final hearing resolves disputed issues after evidence is prepared and tested. The judge then makes final decisions on unresolved points.

Question 29

What is a registrar?

Accepted Answer

A registrar often manages procedural steps, directions, and case progression. Judges generally decide final disputed issues.

Question 30

What is a requisition?

Accepted Answer

A requisition is a court request to fix or provide additional information before documents can be accepted or orders made.

Question 31

What is an affidavit?

Accepted Answer

An affidavit is sworn evidence. It should be factual, specific, and structured in chronology rather than argument.

Question 32

What is an interim hearing?

Accepted Answer

An interim hearing deals with temporary arrangements while the matter continues. It usually focuses on urgency, risk, and practical stability.

Question 33

Are court filing fees included?

Accepted Answer

Court filing fees are usually external costs and are generally separate from service-package estimates.

Question 34

Can I start small and expand later?

Accepted Answer

Yes. Many people start with a clarity-focused service and add deeper support only where needed.

Question 35

How long do family law matters usually take?

Accepted Answer

Timing varies a lot. Negotiated matters are often faster, while litigation can take much longer due to disclosure, listings, interim steps, and hearing availability.

Question 36

Is mediation cheaper than court?

Accepted Answer

Mediation is often lower cost than contested court litigation, but cost still depends on complexity and cooperation.

Question 37

What if my matter becomes more complex?

Accepted Answer

If complexity increases, scope and pricing may need to be adjusted. Early issue mapping helps limit unexpected expansion.

Question 38

What usually increases costs?

Accepted Answer

Costs often increase with unresolved conflict, poor disclosure, repeated redrafting, urgency, and missed procedural steps.

Question 39

Can Resolvi represent me in court?

Accepted Answer

Representation depends on service scope and engagement terms. The website does not assume representation in every matter.

Question 40

Is Resolvi a law firm?

Accepted Answer

Resolvi provides guided information and document-preparation support with legal partner involvement as part of the process. Each case is lawyer-checked, and legal scope is explained clearly at each stage.

Question 41

What does AI actually do?

Accepted Answer

AI helps organise information, identify gaps, and structure documents. A lawyer then checks each case and supports decisions where legal judgement is needed. AI does not guarantee legal outcomes.

Question 42

What does lawyer review mean?

Accepted Answer

At Resolvi, lawyer review is built into the process. A legal professional checks each case, identifies risk areas, and helps clarify next steps. Customers can also message lawyers throughout the process.

Question 43

What if family violence is involved?

Accepted Answer

Safety comes first. Where family violence is involved, tailored legal advice and protective planning may be important.

Question 44

What if I am not sure which pathway fits me?

Accepted Answer

That is common. A clarity session can map parenting, property, divorce, and mediation pathways before larger commitments.

Question 45

What if my matter is urgent?

Accepted Answer

Urgent matters may require faster triage and, in some cases, immediate legal advice. Delay can increase risk.

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