Family law advice, given with care.
Divorce, property settlement, financial agreements and parenting arrangements. Clear advice on where you stand and what comes next.
Separation changes many things at once.
Some steps have strict time limits.
Some agreements only bind you if they are made the right way.
We explain the law in plain words, so you can make each decision with the facts in front of you.
If you or your children are not safe
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How we can help
- Application for divorce. The court process to end a marriage, from separation to the final order.
- Separation and property settlement. Dividing property, debts and superannuation, by agreement or through the court.
- Binding financial agreements. Agreements made before, during or after a marriage or de facto relationship.
- Parenting arrangements. Parenting plans, consent orders and parenting orders, with the child's best interests at the centre.
The family law system in brief
- Family law in Australia comes from a Commonwealth law, the Family Law Act 1975.
- The Federal Circuit and Family Court of Australia deals with divorce, property and parenting matters.
- A divorce ends the marriage. It does not divide property or settle arrangements for children. Those are separate matters.
- The court says that, where it is safe, reaching your own agreement is generally preferable.
- An agreement can be made formal through consent orders or, for money and property, a financial agreement.
- Before most court applications, the law expects you to try to resolve the matter first, for example through dispute resolution.
Where people get caught
Time limits apply to property claims
A married person generally has 12 months after the divorce becomes final. A de facto partner generally has 2 years after the relationship ends. After that, the court's permission is needed.
A divorce does not settle property
Ending the marriage leaves the property and superannuation untouched until orders are made or an agreement is signed.
A parenting plan is not legally enforceable
A signed and dated plan records what you agree. Only court orders, including consent orders, can be enforced.
A financial agreement needs legal advice to bind
Each party must receive independent legal advice before signing, and the advice must be confirmed in a signed statement.
Court is not usually the first step
For parenting matters, family dispute resolution and a certificate are generally required before an application can be filed, with some exceptions.
Common questions
Do I need to be divorced before we divide property?
No. The court says you can apply for financial orders before the divorce is final. Once the divorce is final, the 12 month time limit starts to run.
Do we have to go to court?
Not always. If you agree, you can apply for consent orders without going to court. A financial agreement is a contract between the parties, not a court order.
Is there a rule that children spend equal time with each parent?
No. The law does not require equal time. The court decides what is in the best interests of the child.
Can you act for me if I live outside Sydney?
Yes. We provide remote legal services by phone, email and electronic signing. You may also meet us in person by appointment.
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