Answers to common legal questions from our clients
If you’re unsure about how the legal process works, or what your options are, you’re not alone. Below are answers to some of the most frequently searched and asked legal questions across our main practice areas.
Property & Conveyancing
How long does settlement take in NSW?
The standard settlement period in NSW is 42 days (6 weeks) from the date of contract exchange, but this can be negotiated between the buyer and seller.
What is a Section 66W certificate in NSW?
A Section 66W certificate waives the standard 5-business-day cooling-off period for property purchases in NSW. It is signed by the buyer’s solicitor or conveyancer.
Can I buy property in Australia as a non-resident?
Yes, but foreign investors generally need approval from the Foreign Investment Review Board (FIRB). Lex Law can assist with applications and legal compliance.
Family Law
How long do I have to be separated before I can file for divorce in Australia?
You must be separated for at least 12 months before applying for a divorce.
What is a parenting plan?
A parenting plan is a written agreement between parents about the care of their children. It is not legally enforceable unless turned into consent orders by the court.
What is considered a de facto relationship under Australian law?
A de facto relationship is one where two people live together on a genuine domestic basis but are not married. Legal rights apply if the relationship lasted for at least two years or there’s a child involved.
Wills & Estates
Do I need a lawyer to write a Will in Australia?
No, but it is strongly recommended. A professionally drafted Will ensures your wishes are clear and legally valid, reducing the risk of disputes or it being challenged.
What happens if someone dies without a Will (intestate)?
Their estate will be distributed according to the laws of intestacy in their state or territory. This may not reflect what the person would have wanted.
What is probate, and do I need it?
Probate is a court process that confirms the validity of a Will and gives the executor legal authority to manage the estate. It is usually required when assets (like property or bank accounts) are in the deceased’s name alone.
Immigration
What is the processing time for a partner visa in Australia?
Processing times vary, but typically range from 12 to 24 months. Delays can occur depending on documentation and individual circumstances.
Can I apply for a visa while in Australia on a tourist visa?
In some cases, yes - particularly for partner visas - but it depends on the conditions of your current visa. You should seek legal advice before applying onshore.
What is the difference between permanent residency and citizenship?
Permanent residency allows you to live and work in Australia indefinitely, but citizenship gives you full legal rights as an Australian, including the right to vote and apply for an Australian passport.
Business & Commercial Law
What’s the best structure for a new business in Australia?
This depends on your goals, tax position, and liability concerns. Common structures include sole trader, partnership, company, or trust. We can help you choose the right one.
Do I need a shareholder agreement?
A Section 66W certificate waives the standard 5-business-day cooling-off period for property purchases in NSW. It is signed by the buyer’s solicitor or conveyancer.
Can a contract be legally binding if it’s not in writing?
Yes - verbal agreements can be legally binding in Australia, but they are much harder to prove. It’s always recommended to have written contracts.
Speak to a
Family lawyer today
We offer free initial consultations to help you understand your position and take the next step with confidence.
