Family Lawyers

A family lawyer helps you navigate legal issues that arise from relationship breakdowns and family arrangements. This includes separation, divorce, parenting arrangements, property division, and spousal maintenance. The focus is on helping you achieve finality through practical, while minimising stress and conflict where possible.

It is usually helpful to get legal advice as soon as possible after separation, so you understand your rights and obligations from the outset. Early advice can help you make better decisions about parenting, living arrangements and finances, and avoid steps that might later complicate a settlement.

Separation occurs when a couple decides to end their relationship, even if they remain under the same roof. Divorce is the formal legal process dissolves the marriage. You can resolve parenting and property matters before or after applying for divorce. However, once a Divorce Order is made, a time limitation of 12 months operates to finalising your property matters. Beyond this time limitation, leave must be sought from the Court to proceed with any property application. 

It is important to choose a lawyer with strong experience in family law and an approach that aligns with how you want to resolve your matter. You should feel comfortable with their communication style and confident in their advice. A good first meeting should leave you with a clear understanding of your position and next steps.

Your first consultation is an opportunity to explain your situation and get practical guidance. We will outline your legal position, discuss possible pathways forward, provide practical advice to help you navigate the early stages of separation and answer any questions you have.

It is helpful to bring any court documents, previous agreements, key financial information and any documents you consider relevant. Having a brief timeline of your relationship and separation also helps your lawyer give more focused advice at the first meeting.

The court’s main focus is the best interests of the child. It considers factors such as the child’s safety, relationships with each parent, views of the child (depending on age and maturity), and each parent’s capacity to meet the child’s needs.

A parenting plan is a written agreement between parents about arrangements for their children, such as where they live and how time is shared. It is not enforceable, but its terms can be used as evidence as to what was agreed at a point in time. If you do want binding parenting arrangements, you can enter into Consent Orders with the other parent.

Family dispute resolution (mediation) is a process where an independent practitioner helps separated parents try to reach agreement about children. In most parenting matters, you are required to attempt family dispute resolution before starting court proceedings, unless an exemption applies, for example due to family violence or urgency.

Child support is usually assessed by Services Australia using a formula that looks at each parent’s income, the number and ages of the children, and how much time they spend with each parent. Parents can instead agree on the financial arrangements for their children through a Binding Child Support Agreement or Limited Child Support Agreement.

No. You do not need to be divorced to negotiate or formalise parenting or property agreements. In fact, many people resolve these issues before applying for divorce, so they have certainty about their children and finances.

Property is not automatically divided 50/50. The Family Law Act 1975 looks at the following factors:

1. Firstly, whether it would be appropriate to divide assets as between the parties (this is not automatic)

2. Secondly, what assets and liabilities exist at that time. This includes assets owned by both parties, or one party solely.

3. Thirdly, what each party’s contributions were towards the relationship. This is a very broad assessment and includes non-financial contributions, contributions as home maker and contributions as parent.

4. Lastly, what the future needs of each party are having regard to things such as each party’s age, income earning capacity and care arrangements for children.

Yes. Superannuation is treated as property and can be split or adjusted between parties as part of an overall settlement. The way it is dealt with will depend on your fund type, ages and broader financial circumstances.

Yes. For married couples, you generally have 12 months from the date your divorce becomes final to start court proceedings for property settlement, if needed. For de facto relationships, the usual time limit is two years from the date of separation. You can seek leave to proceed with an application outside of these time frames in some circumstances.

Allegations or findings of family violence are taken very seriously. They can affect parenting arrangements, how changeover occurs, and what measures are needed to keep children and parents safe. Family Violence also has flow on effects to the division of property matters.

A Family Violence Intervention Order is an order made by the Magistrates’ Court to help protect a person and/or children from family violence. It can include conditions about contact, communication and coming near a home, workplace or school.

No. Many family law matters are resolved through negotiation, mediation and consent orders without a contested court hearing. Going to court is usually a last resort when you cannot reach agreement or urgent protection is required.

The cost will depend on the complexity of your matter and how it progresses. We are transparent about fees and will provide a clear estimate at the outset, so you understand your options before moving forward.

In most family law matters, each party pays their own legal costs. Court filing fees are also generally paid by the person making the application. In some situations, the court may order one party to contribute to the other’s legal costs, but this is not the usual outcome and depends on the circumstances.

There are options available if cost is a concern. You may be eligible for assistance through Legal Aid or a community legal centre. In some cases, we can also discuss staged approaches or practical ways to manage costs while still progressing your matter effectively.