Family Law Sydney

In family law, separation is defined as a mutual or unilateral end to the marital or de facto relationship, which can occur even if both parties remain in the same household. Our family law lawyers help our clients understand the nuances of separation and provide advice on how to document and prove this state for the family court.

Yes, you may still apply for a divorce if you can prove you lived “separately and apart” despite sharing the same residence.

Once filed, a divorce can take approximately four months if uncontested. However, complex matters may take longer. Our family law team may be able to expedite this process and manage any potential delays in subsequent proceedings.

If the divorce is uncontested and there are no children under 18, you may not need to attend court. However, if there are children, court attendance may be required. Divorce lawyers can clarify these legal issues and ensure you understand the specific requirements of your family law matter.

A property settlement involves the division of assets, liabilities, and financial resources between separating parties.

Married couples have 12 months from the date of divorce, and de facto couples have two years from separation to apply for a property settlement.

Courts consider contributions (financial and non-financial), the future needs of each party, and the welfare of any children when dividing assets.

All assets, liabilities, and financial resources are generally considered, including the family home, savings, superannuation, investments, and debts. Consulting with our experienced family law team can help you ensure all relevant assets are identified, documented, and included in the property settlement process.

You may be eligible for spousal maintenance if you cannot support yourself adequately due to limited financial resources, age, or health conditions and if your former partner has the capacity to provide financial assistance. One of our family lawyers can assess your situation and help determine if spousal maintenance is appropriate in your case.

A parenting plan is an informal written agreement between parents outlining child custody, visitation, and other arrangements. Family law firms with experience in custody cases can help draft a plan that meets the needs of all parties involved, including children.

The family court prioritises the best interests of the child, considering factors like the child’s safety, well-being, relationship with each parent, and stability.

Courts may consider the child’s wishes, particularly for older children, but the final decision will always prioritise their best interests. Our leading family law firm can help present your child’s preferences and advise on how the family court may weigh these wishes.

This principle assumes that both parents should have a say in significant decisions regarding the child’s welfare, education, and health. Our Sydney family lawyers can clarify the responsibilities involved in shared parental arrangements and help resolve any disputes.

Relocation requires either the other parent’s consent or a court order. Our family law team can guide you through this complex matter, helping you secure court approval if a move is necessary or objecting to a relocation if it is against the child’s best interests.

An Apprehended Domestic Violence Order (ADVO) is a court order to protect individuals from family violence or threats.

You can apply for a protection order through the local court or with police assistance. Evidence of family violence or threats will be required.

Yes, children can be included in a protection order to prevent any exposure to violence or threats.

Courts prioritise child safety, so any history of violence can influence custody and visitation arrangements.

Child support is financial support paid by one parent to help with the child’s living expenses, calculated based on both parents’ income, time spent with the child, and the number of children. Our family law lawyers can guide you through Services Australia’s calculation process and answer any related legal issues.

In Australia, a de facto relationship is legally recognised if the couple has cohabited for at least two years or has a relationship that demonstrates a genuine commitment, such as shared finances, property ownership, or having children together. Legal standing can vary depending on specific circumstances, so consulting our family lawyers Sydney team can help de facto couples fully understand their rights and obligations under family law.

De facto couples have similar rights to married couples in property settlements and parenting arrangements after separation.

Yes, de facto partners can seek spousal maintenance under similar conditions to married couples. A family law firm can assess eligibility and assist with the application process.

Courts can investigate hidden assets and apply penalties for non-disclosure in financial settlements.

Yes, grandparents can apply to the court for contact if they can demonstrate a beneficial relationship with the child.

Also known as a ‘prenup,’ this is a contract between partners to determine asset distribution and financial arrangements in case of separation.

Failure to comply with court orders can lead to enforcement actions, including fines, altered orders, or in extreme cases, imprisonment.

Changing a child’s name usually requires the other parent’s consent or a court order if the other parent does not agree.

Adopting a child in Australia is managed by state and territory adoption authorities, with a structured process to ensure adoptive parents are prepared for their responsibilities.

A recovery order is a court directive to return a child when one parent has taken them without consent or in violation of custody orders. Our team can guide parents through the steps to secure a recovery order.

Yes, if there’s evidence of legal error or significant issues in the decision-making process. Appeals must be filed within 28 days of the judgment.