Question 1

What areas of law does Rhonda Sheehy & Associates practice?

Accepted Answer

We specialise in family law matters including property disputes, matrimonial matters, children's matters, domestic violence, and divorce. We also provide services in wills, estates, and fixed fee conveyancing. Our Accredited Family Law Specialist status reflects our particular expertise in family law matters.

Question 2

How much does a consultation cost?

Accepted Answer

Initial consultations are $100.00 for 30 minutes. During this consultation, we'll discuss your matter, explain your legal options, and provide you with an estimate of costs for your specific situation.

Question 3

What should I bring to my first appointment?

Accepted Answer

Please bring any relevant documents such as marriage certificates, property documents, court orders, correspondence from the other party or their solicitor, and financial documents. Also bring photo identification. The more information you can provide, the better we can assist you.

Question 4

Do you offer payment plans or funding options?

Accepted Answer

Yes, we understand that legal fees can be a concern. Through our partnership with JustFund, we offer litigation funding options for eligible matters including property disputes, matrimonial matters, and wills and estates. This allows you to access quality legal representation and repay when your matter settles.

Question 5

How long have you been in practice?

Accepted Answer

Rhonda Sheehy & Associates was established in 1984, giving us -14 years of experience serving the Caboolture community. Our longevity reflects our commitment to quality service and client satisfaction.

Question 6

How long do I have to be separated before I can divorce?

Accepted Answer

In Australia, you must be separated for at least 12 months before you can apply for divorce. It's possible to be 'separated under one roof' if certain criteria are met. The 12-month period must be continuous, though a reconciliation attempt of up to 3 months won't reset the clock.

Question 7

What's the difference between property settlement and divorce?

Accepted Answer

Divorce and property settlement are separate legal processes. Divorce legally ends your marriage, while property settlement divides your assets and liabilities. You can finalise property matters before, during, or after divorce proceedings, but you must do so within 12 months of your divorce becoming final.

Question 8

How is property divided in a separation?

Accepted Answer

Property division considers four main steps: identifying and valuing all assets and liabilities, assessing each party's financial and non-financial contributions, considering future needs (such as age, health, care of children), and determining what is just and equitable. There's no automatic 50/50 split in Australia.

Question 9

Can I get a quick divorce?

Accepted Answer

The 12-month separation period cannot be waived except in very rare circumstances. Once you apply for divorce, it typically takes 3-4 months to be finalised. While the process can't be rushed, we can ensure your application is prepared correctly to avoid delays.

Question 10

Do I need my spouse's consent to divorce?

Accepted Answer

No, you can apply for divorce without your spouse's agreement through a sole application. However, you must properly serve the documents on your spouse, and they have the opportunity to respond. A joint application (if both parties agree) is simpler and less expensive.

Question 11

How is custody determined in Australia?

Accepted Answer

Australia doesn't use the term 'custody' - instead, we have 'parental responsibility' and 'time arrangements'. The court's primary consideration is always the best interests of the child, including the benefit of a meaningful relationship with both parents and protection from harm. Many factors are considered including the child's views, each parent's capacity, and practical arrangements.

Question 12

Can I relocate with my children after separation?

Accepted Answer

Relocation, especially interstate or overseas, requires either the other parent's consent or court approval. The court considers whether the move is genuinely necessary, how it will affect the children's relationship with the other parent, and the overall impact on the children. These cases can be complex and require careful legal advice.

Question 13

What if the other parent isn't following our parenting agreement?

Accepted Answer

If there are court orders in place that aren't being followed, there are legal remedies available including contravention applications. If you have an informal agreement, it may be time to formalise arrangements through Consent Orders. We can advise on the best approach for your specific situation.

Question 14

At what age can a child decide which parent to live with?

Accepted Answer

There's no specific age at which a child can decide. The court will consider a child's views based on their maturity and understanding, with more weight typically given to older children's preferences. However, the child's wishes are just one of many factors - the court ultimately decides what's in the child's best interests.

Question 15

Why do I need a will?

Accepted Answer

Without a valid will, your estate is distributed according to intestacy laws, which may not reflect your wishes. A will allows you to choose who inherits your assets, appoint guardians for minor children, and potentially minimise disputes and taxes. It also makes the estate administration process easier for your loved ones.

Question 16

How often should I update my will?

Accepted Answer

You should review your will every 3-5 years or after significant life events such as marriage (which can revoke a will in Queensland), divorce, birth of children or grandchildren, acquisition of significant assets, or death of beneficiaries or executors. Regular reviews ensure your will reflects your current wishes.

Question 17

What is an Enduring Power of Attorney?

Accepted Answer

An Enduring Power of Attorney (EPA) allows you to appoint someone you trust to make financial and legal decisions on your behalf if you lose mental capacity. Unlike a general power of attorney, an EPA continues to operate even if you become incapacitated, making it essential for future planning.

Question 18

Can a will be contested?

Accepted Answer

Yes, wills can be contested in Queensland through Family Provision Applications by eligible persons who believe they weren't adequately provided for. Eligible persons include spouses, children, and dependants. Time limits apply, so if you're considering a claim, seek legal advice promptly.

Question 19

What is conveyancing?

Accepted Answer

Conveyancing is the legal process of transferring property ownership from one party to another. It includes preparing and reviewing contracts, conducting searches, liaising with banks, and managing settlement. Having a solicitor handle your conveyancing protects your interests in what is often your largest financial transaction.

Question 20

How long does the conveyancing process take?

Accepted Answer

A typical residential conveyancing transaction takes 30-90 days from contract signing to settlement, depending on the contract terms and any conditions such as finance approval or building inspections. We keep you informed throughout the process and work to ensure smooth settlement.

Question 21

What searches do you conduct when buying property?

Accepted Answer

We conduct comprehensive searches including title searches (to verify ownership and identify any encumbrances), council searches (for rates, approvals, and zoning), water and sewerage searches, and other enquiries specific to your property. These searches help identify any issues before you're legally committed.

Question 22

Can you help with property transfers between family members?

Accepted Answer

Yes, we handle property transfers between family members, including gifts and transfers as part of estate planning. These transactions still require proper legal documentation and may have stamp duty and tax implications that we can advise you on.

Frequently Asked Questions

General Questions

Family Law & Divorce

Children & Parenting

Wills & Estates

Fixed Fee Conveyancing

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