Property settlement means the division of matrimonial assets and can be applied for at any time after separation, however, if a Decree Nisi (divorce) is pronounced, an application for property settlement must be filed within twelve months of the Decree Nisi becoming absolute.

The Family Court actively promotes and encourages counselling, mediation and conciliation prior to applications being listed for trial.

There have been considerable changes to the Family Law Act 1975 since its implementation. Terminology that may have been familiar to you, such as "custody" and "access", have now been replaced with the terms "residence" and "contact". "Residence" refers to with whom the child resides. "Contact" refers to with whom the child will have contact, other than the person with whom the child resides.

The changes to the Family Law Act 1975 which deal with children's issues have been implemented to change the concept of "possession" of a child and to place the onus on parents to take a dual parental responsibility for the care, welfare and development of the child.

Because of the complexity of these issues, your application should be prepared by a solicitor experienced in family law matters.

Berck & Associates
Level 7, 157 Ann Street, Brisbane QLD 4000
Tel +61 7 3238 6100 | info@berck.com.au