Frequently Asked Questions

Migration Law

Processing times vary depending on the type of visa, the applicant’s circumstances, the completeness of the application, and current Department of Home Affairs processing priorities. Some applications may be decided within a few months, while others may take considerably longer.

A visa refusal does not necessarily mean the end of your migration matter. Depending on the circumstances, you may have merits review rights, be able to lodge a further application, or have other options available. Strict time limits may apply, so it is important to contact our office promptly.

Many visa refusal decisions may be reviewable by the Administrative Review Tribunal. Whether review rights are available will depend on the type of visa, the basis for refusal, where the applicant was located at the time of decision, and other relevant circumstances.

It is possible to lodge a visa application without professional assistance. However, migration assistance can help ensure that the application is properly prepared, supported by appropriate evidence, and lodged in accordance with the applicable legal requirements.

Partner visa processing times vary and may change from time to time. The timeframe will depend on factors such as the complexity of the relationship history, the completeness of supporting documents, health and character requirements, and Departmental processing priorities.

After lodgement, the Department of Home Affairs may request further information, health examinations, police clearances, biometrics, or other supporting documents before making a decision.

This will depend on your current visa status, the type of application lodged, and whether a bridging visa is available. In some cases, applicants may be granted a bridging visa which allows them to remain lawfully in Australia while their application is being processed. Visa conditions should be carefully reviewed.

Yes. PCE Lawyers assists clients with visa cancellation matters, character concerns, responses to Departmental notices, and review applications where review rights are available.

Wills and Estates

A Will allows you to decide who will receive your assets, who will administer your estate, and how your affairs are to be managed after your death.

If a person dies without a valid Will, their estate will generally be distributed according to intestacy laws. This may result in outcomes that do not reflect their personal wishes.

A Will should be reviewed whenever there is a significant change in circumstances, including marriage, separation, divorce, the birth of children, the acquisition or disposal of significant assets, or changes in family relationships.

Probate is a legal process by which the Supreme Court confirms the validity of a Will and authorises the executor to administer the estate.

No. Whether Probate is required depends on the nature and value of the deceased person’s assets and the requirements of banks, financial institutions, share registries, aged care providers, and other organisations.

Timeframes vary depending on the complexity of the estate, the completeness of the application, and Court processing times. Delays may occur where further information is required or where issues arise concerning the Will or estate.

An executor is responsible for administering the estate, which may include identifying and collecting assets, paying debts and liabilities, attending to tax obligations, and distributing the estate in accordance with the Will.

In some circumstances, eligible persons may make a family provision claim. A Will may also be challenged on other grounds, including concerns about capacity, undue influence, fraud, or whether the Will was properly executed.

Yes. PCE Lawyers assists with estate administration, family provision claims, disputes between beneficiaries, executor disputes, and contested Probate matters.

Family Law – Property Settlement

A property settlement is the legal process of dividing assets, liabilities, superannuation, and financial resources following the breakdown of a marriage or de facto relationship.

Not necessarily. Many property settlements are resolved through negotiation, mediation, or consent orders without the need for a final Court hearing.

Generally, married couples have 12 months from the date a divorce order becomes final to commence property settlement proceedings. De facto couples generally have two years from the date of separation. Different circumstances may apply, and extensions of time are not automatic.

The Court generally considers all assets, liabilities, superannuation, and financial resources of both parties. This may include real estate, savings, investments, businesses, trusts, companies, vehicles, inheritances, superannuation, and debts.

No. Australian family law does not apply an automatic 50/50 division. Each matter is assessed on its individual circumstances, including the parties’ financial and non-financial contributions, contributions as homemaker or parent, and their future needs.

Superannuation may be treated as part of the overall property pool and can be split between parties in appropriate circumstances. A superannuation split does not usually convert superannuation into cash, as it generally remains subject to superannuation preservation rules.

Yes. Parties may reach agreement through negotiation or mediation and formalise that agreement through Consent Orders or, where appropriate, a Binding Financial Agreement.

If negotiations are unsuccessful, options may include mediation, family dispute resolution, solicitor-assisted negotiations, or commencing Court proceedings.

Yes. PCE Lawyers assists clients with property settlement negotiations, mediation, Consent Orders, Binding Financial Agreements, and Court proceedings where required.

Contact PCE Lawyers

You can arrange a consultation by contacting our office by telephone or email, submitting an enquiry through our website, or using the “Book Consultation” button on our website.

Yes. PCE Lawyers offers in-person, telephone, and video consultations for clients across Australia.

The documents required will depend on the nature of your matter. Our team will advise you of any documents that may assist before your consultation.

Legal costs vary depending on the type and complexity of the matter. We will discuss costs and available fee arrangements during your consultation.

PCE Lawyers provides personalised legal services, clear communication, practical guidance, and dedicated representation across migration law, wills and estates, and family law matters.

The information on this page is general in nature and does not take into account your individual circumstances. Laws, procedures, and time limits may vary depending on the facts of each matter and the relevant jurisdiction. For assistance with your matter, please contact PCE Lawyers.

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