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Family Lawyer
Sydney
Sydney
Back to back winners of the most prestigious Local Business Awards and multiple criminal defence category awards.
Family
Lawyer Sydney
Lawyer Sydney
Back to back winners of the most prestigious Local Business Awards and multiple criminal defence category awards.
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Award-Winning Family Law Firm
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Proven Family Law Record
40+ Years of combined experience resolving complex family law matters means a successful outcome is on the table.
5 Star Reviews Everywhere
We’re in it to win it and we fight hard for our clients. That’s why anywhere you look you will find 5 star reviews.
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Our team of expert family lawyers in Sydney will help you through this tough period and ensure you and your loved ones get back on track with the right ongoing support and security. Family Law disputes are complex and highly emotional.They can have a lasting impact on children and young people.
Family Law introduction
In Australia, Family Law is dealt with at the Commonwealth level through the Family Law Act 1975 (Cth). Each state in Australia complies with the Family Law Act, however, the Family Law system is slightly different in Western Australia. Western Australia operates differently because it has not referred its Family Law powers to the Commonwealth. This means that married couples are dealt with under the Commonwealth system, however, de facto couples are dealt with under the State’s system. This impacts on property settlement and parenting matters for de facto couples. The Family Court of Western Australia is the only court that deals with Family Law in Western Australia. There are three components to Family Law:1 Separation
2 Parenting arrangements
3 Property settlement
Before the courts will consider each component, they like to see that parties to court proceedings have attempted to resolve their issues. This is usually achieved through alternative dispute resolution such as mediation.
Family court matters are currently heard in the:
Family Court of Australia (for less complex matters), and
Federal Circuit Court of Australia (for more complex matters e.g. family trusts, etc).
These courts currently share an online service portal where your documents can be lodged and court fees can be paid.
The Attorney-Generals Department recently issued a media release announcing its intention to merge the two courts. The aim is for Family Law matters to be heard in the Federal Circuit Court of Australia.
There are a number of support services available for families experiencing breakdown e.g. counselling, domestic violence assistance, referral to mediation services, etc. Talk to our team to find out what services are available in your area.
Relationship breakdown and Separation
There are two types of relationships, marriages and de facto relationships.
Marriage
No-fault divorce was introduced by the Family Law Act 1975 (Cth). That means you no longer need to prove that someone was at fault for the relationship breakdown e.g. through an extramarital affair.
If your marriage breaks down in less than two years, the court will require you to complete mediation or marriage counselling before it will issue a divorce. Family violence may be an exception to this.
You must prove that you have been separated for at least 12 months before you can apply for a divorce. This can be proven through separate utility bills, change of licence address, etc. It may be possible to separate from your spouse while still living in the same house. This can be proven through a division in the utilities, affidavits by friends or family who can attest to the separation, etc. Some people with children often separate but continue to live together to prevent causing distress to their children.
Once you have been separated for 12 months, you can file an Application to Divorce. You can apply for a divorce on your own, or make a joint application.
If you do not have children and you do not require property settlement, it is a straightforward process. If you have children under the age of 18, you will be required to attend a hearing.
De facto relationship
You are considered to be in a de facto relationship if you have lived with your partner in a domestic capacity for more than two years.
Unlike marriage, if you separate from your de facto partner, you do not need to apply to the courts for an order to separate.
If you have children or property, including debt, you may need to apply for court orders.
Spousal maintenance
Spousal maintenance is paid by one partner to another in the event they are unable to meet their own reasonable expenses from their personal income or assets.
There are two types of spousal maintenance:
1 Spouse maintenance – you must apply within 12 months of your divorce being granted
2 De facto partner maintenance – you must apply within two years of the breakdown of your relationship
The court considers a person’s:
Age and health
Income, property and financial resources
Ability to work
Suitable standard of living
If the marriage has affected your ability to earn an income
Parenting
Before making a decision relating to children, the court considers the best interests of the child. The court also prefers that where possible, parents work together to make decisions regarding their children rather than relying on the courts to.
Some of these decisions include:
Who the children live with
Where the children go to school
Who the children can spend time with e.g. family members, family friends, etc.
Medical decisions
Who the children spend holidays with
It is a common misconception that equal shared parental responsibility means equal access to or time with the children. That is not true. Both parents are equally responsible for the care of their children, however, it may not be safe or practical to have equal access to or time with the children.
Parenting Agreements
A parenting agreement is an agreement between the parents about how they will look after their children. A parenting agreement sets out the same information as above.
A parenting agreement can be informal or formal and amended at any time to reflect changing circumstances.
Informal:
An informal parenting agreement can be a verbal or written agreement between parents. A written agreement can be drafted during your mediation sessions with the help of the mediator.
An informal parenting agreement is not binding and can be amended at any time. It is not enforceable. An informal parenting agreement is recommended for young children as circumstances quickly change as they grow up e.g. starting school, extracurricular activities, etc.
Formal:
Formal parenting agreements are also called consent orders. A formal parenting agreement is a written agreement reached by both parents that is then presented to the Family Law courts to be signed off on. It is binding and enforceable and the courts take breaches seriously.
Consent Orders (Parenting Orders)
Consent orders are court orders stipulating the day-to-day care arrangements for children. They are enforceable and the court takes any breach seriously.
You can apply directly to the court for parenting orders, however, if you have made no attempt to establish a parenting agreement before applying, it is highly likely that the court will send you to mediation before it will hear your matter.
A new parenting agreement can alter the consent orders and it is recommended that you receive legal advice before entering into a new parenting agreement.
Child support
Child support is paid by the non-residential parent to the parent (who the child resides with), for the ongoing care of the child. It can be self-managed (informal), registered assessment or court-ordered. It can impact other areas of your life, for example, your will, your Family Tax Benefit and any new relationship you enter into.
Self-managed
Self-managed child support does not require a formal assessment or registration. You can come to an agreement with your ex about:
How much to pay
When to pay
How to pay
Registered assessment
You can make an application to Services Australia to have child support assessed and determine:
Who needs to pay child support
How much needs to be paid
When payment needs to be made
Payment is assessed based on:
The parent’s income and combined income
How much time each parent cares for the child
The age of the child
Court-ordered child support
The court has the jurisdiction to order a parent to pay child support. This often occurs where the child is over the age of 18 and has a disability or is participating in further education. If the court orders child support, you can apply to Services Australia to have them manage the assessment and payments.
Property Settlement
Financial agreements (pre-nuptial agreement) can be established at the start of a relationship, during a relationship or after a relationship ends to prevent or resolve disputes. They apply to both married and de facto couples, however, they only apply to de facto couples if they normally reside in NSW, Queensland, Victoria, South Australia, the Northern Territory, the ACT or Norfolk Island at the time the agreement was made.
Financial agreements are binding and enforceable. They can cover:
Financial settlement including superannuation after separation,
Spousal maintenance upon separation, and
Incidental issues
Time limits apply to property settlement and it is advised that you complete it as soon as possible.
If you are:
Married: applications for property settlement must be made within 12 months of your divorce being finalised
De facto: applications for property settlement must be made within two years of the breakdown of your relationship.
Property settlement can be completed by:
An agreement between the parties without going to court
If both parties agree, you can formalise your agreement by applying to the court for consent orders
If both parties are unable to agree, you can apply to the court for financial orders
The court will consider:
Your assets, debts and their total value e.g. house, cars, superannuation, loans, credit cards, etc
Direct financial contributions by both parties e.g. wage or salary
Indirect financial contributions by both parties e.g. gifts and family inheritance
Non-financial contributions e.g. child-raising, homemaking, etc
Future requirements e.g. age, health, financial resources, ability to earn, caring for children, etc.
Family Dispute Resolution (Mediation)
Mediation is a dispute resolution process that assists parties to come to a mutual agreement to resolve their disputes. It is the recommended first step during a relationship breakdown for both parenting and property disputes. Many people find mediation successful because it gives them an opportunity to be heard and apply solutions they are happy with.
If you have not attempted mediation prior to applying to the courts for orders, the court has the discretion to make a referral to mediation before it will hear your matter. If the court hears your matter, you may not like its solution to your problem.
A mediator can issue a section 60I certificate stating that mediation was not successful or appropriate and you can apply to the courts for orders. Mediation may be unsuccessful because:
The practitioner (mediator) considered it inappropriate e.g. domestic violence
One or both of you refuses to participate
You both made a genuine attempt to resolve your dispute but could not reach an agreement
One or both of you failed to make a genuine attempt to resolve your dispute
You both attempted to resolve your dispute, however, the practitioner (mediator) decided it was no longer appropriate to continue.
Mediation is usually conducted without your lawyer present. However, there may times where it is necessary to have your lawyer present (legally assisted mediation). The mediator has the discretion to decide whether mediation will require your lawyer to attend.
Disclaimer
The above is general legal information and should not be considered legal advice. You should speak with one of our family lawyers for legal advice tailored to your specific legal matter. The courts deal with matters on a case by case basis. It should also be noted that there may be court delays due to COVID-19.
Related Family Law News and Resources
Navigating Your Family Court Journey: What to Expect and How to Prepare Understanding the Family Court Process Going to family
Navigating Co-Parenting During School Holidays: Planning, Communication, and Putting Children First Understanding Co-Parenting During School Holidays Co-parenting during school
Navigating Co-Parenting During School Holidays: Planning, Communication, and Putting Children First Understanding Co-Parenting During School Holidays Co-parenting during school
Debts and Divorce: Who is Responsible for Joint Debt After Separation? When a marriage or de facto relationship ends, one
Applying for an AVO What is an AVO? If you fear for your safety because of someone else’s actions,
Family Reports in Parenting Disputes – What They Reveal and Why They Matter What is a Family Report? A family
How Much Will I Get in a Divorce or Separation? Understanding Property Settlements in Australia Understanding Property Settlements in Australia
FAQs
Frequently Asked Questions.
I have recently separated from my partner. Do I have to give them access to the children?
How much does the process cost?
Do we have to go to court to divorce?
What are child parenting orders?
Parenting orders are binding until the children turn 18 unless the parties either agree to change the orders or unless the orders are no longer considered appropriate (i.e. they order time with the children during the day because they were made before the children attended full time school.
How are child parenting orders different from child custody?
Anything which is considered close to a shared care arrangement of the children (i.e. 7 days per parent) is considered joint custody. There are endless reasons why care arrangements for children are the way they are and none reflect the love or care either parent has for the children.
What is the Family Court?
What is the Federal Circuit Court?
Can a parent stop another parent from seeing their child?
How are assets divided in a divorce?
1. Assets;
2. Liabilities;
3. Financial Contributions; and
4. Non-Financial Contributions.
Non-financial contributions are considered to be just as important as financial contributions as they refer to things such as, staying home with children or running the household. If not for one person staying home to complete these tasks, the other could not have worked as much as they did. Certain contributions such as inheritances or lottery wins will alter the
percentage split in favour of the one who made the contributions. It is important to have a lawyer correctly consider and divide your assets to ensure there is an equal split.
How are assets divided in a de facto relationship breakdown?
Assets in a defacto relationship are divided the same way they are in a divorce because the basic principles are still the same.
What is the main reason for divorce in Australia?
Divorce is supposed to be a last resort but for many it seems to be their first option. If you have been married for less than two years, there is a requirement that you engage in marriage counselling before finalising a divorce. No matter the reason, the only reason to get divorced is if the gap between you that has been created, cannot be bridged.
Do I have to go to court for property settlement?
What are the two avenues for property settlement?
The second avenue is that the matter progresses to court and the judge hears the arguments made by both sides. The judge will then decide what is to be considered a fair and equitable split.
How long do we have to be separated before we can divorce?
More complicated however, is the fact that often at time of separation, neither of you can afford to move out of the home. This means that both parties need to remain living under the same roof while separated. If this is the case, then at the time you go to apply for divorce, you will need to obtain evidence from friends or family by way of an affidavit that confirms you have been separated for the required 12 months.
What is the timeframe to apply for property settlement?
If you are engaged in a marriage, then you have an unlimited amount of time to formalise a property settlement. The clock does not begin until you actually apply for a divorce. From the date of your divorce being finalised, you only have 12 months to formalise a property settlement. Again though, the sooner you sort your property settlement, the better.
What is the timeframe to apply for spousal maintenance?
What Is The Timeframe To Apply For Child Support? What Is The Timeframe To Apply For Child Support?
owe. It is likely that if a parent has not been child support for a period of time after separation, that they will be in arrears with the agency.
It is important to note that in some circumstances, people can get an exemption from seeking child support from the other parent on the basis of family violence concerns. Their Centrelink benefits may then be adjusted accordingly.
What Is The Timeframe To Apply For Divorce?
In the event that you and your former spouse have been separated but living under the one roof, you may need to prove that you have been separated for the required time by providing affidavits to the court. This will mean getting friends or family who are familiar with your situation to swear under oath that they are aware you have been separated but living under the same roof.
Can I Have My Marriage Annulled?
In most circumstances, you will just seek a divorce once you have been separated for 12 months. It is important to note however, that if you have been married for less than 2 years, you will need to attend marriage counselling before you can seek a divorce.
What Effect Does My Divorce Have On My Will?
If you die and you are already divorced but you have not yet changed your divorce, it will be null and void because your next of kin will no longer be your husband. Your will should be updated as soon as you contemplate divorce so that contingency plans are in place for any situation.
Can We Do A Pre-Nup?
What If The Other Half Won’t Sign?
Can I Apply For Parenting Orders For My Grandchildren?
The most important thing in these types of cases is to provide evidence to the court that you are and have been a substantial part of the children’s lives and that they would be disadvantaged if they did not spend quality and consistent time with you.
Can I Stop A Family Member From Seeing My Children?
allowing the children to see certain people, you need to prove why they pose a risk to the children. If they are dangerous, or a bad influence because they take drugs, consume excess alcohol or in extreme cases are classed as sexual predators then they would pose a risk to the children if they were left in their care. You cannot simply prevent someone from spending time with your children because you do not like them, they need to pose an actual risk.
Can I take my children overseas after separating?
However, if you want to take the children overseas for a holiday then that is more achievable. You may still be required to get a court order but the process is much simpler. Often, your individual parenting agreements or court orders will include provisions for this. It may state that you either need to provide confirmation of return tickets to be able to go or you need to obtain written permission from the other parent to be able to go.
What is a typical family type protected by family law?
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Local Courts
Balmain Local Court
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Registry: Monday to Friday, 9:00am to 4:30pm
Bankstown Local Court
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Blacktown Local Court
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Burwood Local Court
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Campbell Local Court
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- 150 George Street LIVERPOOL NSW 2170
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Central Local Court
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Downing Local Court
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- PO Box 5395 WOLLONGONG NSW 2500
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- 143-147 Liverpool Street, Sydney NSW 2000
- Nearest Train Station: Museum Station (Liverpool Street entrance is directly opposite)
- Levels: Local Court matters are heard on levels 4 and 5.
- Public Transport: Well-served by buses and trains, with easy access to nearby bus stops and Museum Station.
- Parking: Limited street parking is available, and there are several public parking garages nearby.
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Wollongong Local Court
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Fairfield Local Court
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- Cnr Spencer St & Court Rd, Fairfield NSW 2165
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Hornsby Local Court
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- PO Box 96 HORNSBY NSW 1630
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- 294 Peats Ferry Rd HORNSBY NSW 2077
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Telephone Hours: 8:30 – 4:30
Liverpool Local Court
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- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Manly Local Court
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- PO Box 71 BANKSTOWN NSW 2200
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- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Newtown Local Court
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- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Parramatta Local Court
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- 12 George Street Parramatta NSW 2150, Australia
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Penrith Local Court
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Sutherland Local Court
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Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Waverley Local Court
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Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Windsor Local Court
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- PO Box 71 BANKSTOWN NSW 2200
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- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
Wollongong Local Court
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- PO Box 71 BANKSTOWN NSW 2200
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- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
Registry Hours: 9:00 – 1:00 and 2:00 – 4:30
Telephone Hours: 8:30 – 4:30
District Courts
Downing Centre District Court
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- PO Box 71 BANKSTOWN NSW 2200
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- 143-147 Liverpool Street, Sydney NSW 2000
Registry Hours: 9:00 – 4:30
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Days open: Mon – Fri
Parramatta District Court
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Registry Hours: 9:00 – 4:30
Days open: Mon-Fri
Penrith District Court
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Registry Hours: 9:00 – 4:30
Days open: Mon-Fri
Campbelltown District Court
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Registry Hours: 9:00 – 4:30
Days open: Mon – Fri
Liverpool District Court
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Registry Hours: 9:00 – 4:30
Days open: Mon – Fri
Wollongong District Court
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Supreme Courts
Supreme Court New South Wales
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- GPO Box 3 Sydney NSW 2001 Australia
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- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Federal Court
Federal Circuit and Family Court of Australia
- 1300 352 000
- (02) 9230 8000
- GPO Box 9991, Sydney NSW
- enquiries@fcfcoa.gov.au
- Lionel Bowen, Building, 97/99 Goulburn St, Sydney NSW 2001
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 5:00 PM
Days Open: Monday to Friday
Federal Court
- 1300 720 980
- (02) 9230 8020
- GPO Box 9991, Sydney NSW
- enquiries@fedcourt.gov.au
- 97-99 Goulburn St in the heart of the Sydney CBD
Monday to Friday, 8:30 AM – 4:30 PM
High Court
- (02) 6270 6811
- (02) 6270 6868
- Parkes Place, Canberra ACT 2600
- enquiries@hcourt.gov.au
- Parkes Place, Canberra ACT 2600
Monday to Friday, 8:30 AM – 5:00 PM
Specialised Courts
Children’s Court of New South Wales
- 1300 679 272
- (02) 9722 6060
- Cnr Chapel Road and The Mall BANKSTOWN NSW 2200
- PO Box 71 BANKSTOWN NSW 2200
- sc.enquiries@justice.nsw.gov.au
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Coroner’s Court New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
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- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Industrial Relations Commission of New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
- sc.enquiries@justice.nsw.gov.au
- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
Land and Environment Court of New South Wales
- 1300 679 272
- (02) 9230 8025
- (02) 9230 8233
- GPO Box 3 Sydney NSW 2001 Australia
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- Law Courts Building 184 Phillip Street Sydney NSW 2000
Registry Hours: 9:00 AM – 4:30 PM
Telephone Hours: 8:30 AM – 4:30 PM
Days Open: Monday to Friday
