Family Lawyers Sydney

A family lawyer provides legal advice and representation in matters related to family relationships. This includes divorce, separation, property settlements, parenting arrangements, child custody, financial agreements, and spousal maintenance.

You should consider hiring a family lawyer when you face legal issues involving your marriage or de facto relationship, or you are considering entering into a marriage or de facto relationship and want to safeguard your assets. This includes divorce, child custody disputes, property division, or when drafting financial agreements.

Divorce in Australia involves applying to the Federal Circuit and Family Court of Australia (FCFCOA). The granting of a divorce is legal recognition that a marriage has ended. This is a separate and distinct process to dividing assets between the separating parties (property division) or deciding on parenting arrangements for children (parenting matters).

The divorce process involves filing an application for divorce with the FCFCOA, paying the Court filing fee, and notifying the other spouse of the divorce application through a process called ‘service’. A hearing date and time will be set by the Court, usually two to three months after the divorce application was filed. The hearing usually takes about 15 minutes, and you are only required to attend if you have a child under the age of 18. If the court is satisfied that the requirements for a divorce order have been met, the court will then issue a divorce certificate one month and one day after the hearing.

A family lawyer can take care of this process for you from start to finish, and deal with special circumstances such as where you are separated under one roof, have had a change of name since marriage, or further information is required by the court.

The key requirements for obtaining a divorce in Australia are:

• Legal Marriage: 
  • You must prove to the court that you are legally married. 
• Irretrievable Breakdown: 
  • Your marriage must have broken down permanently, with no reasonable likelihood of getting back together. 
• Separation: 
  • You must have been separated for at least 12 months and one day. 
  • Separation under one roof: It is possible to get a divorce even if you are still living in the same house, but you need to provide evidence that you were behaving like a separated person and not as a married couple. 
• Australian Connection: 
  • One of you must be an Australian citizen, a permanent resident, or have lived in Australia for at least 12 months before applying for the divorce. 
• Arrangements for Children: 
  • If you have children under 18, you must make appropriate arrangements for their care before the divorce order can be made. 

No, parenting arrangements do not have to be legally finalised to get a divorce in Australia. However, if there are children under the age of 18, the court must be satisfied that “proper arrangements” have been made for their care, welfare, and development. You need to satisfy the court that you have thought through and agreed upon arrangements for the children, even if these arrangements are temporary. In your divorce application, you are required to provide details of the current parenting arrangements, including things like where the children live, their education, health, and financial support. This information helps the court determine that appropriate arrangements are in place.

You have a time limit of 12 months from the date your divorce is final to apply to the court for a property settlement or spousal maintenance. If you don’t apply within this time, you will need to get permission from the court to do so, and this may not be granted. It’s best to avoid this situation and apply within the 12-month period.

In Australia, dividing property between a separating couple (whether married or de facto) follows a four-step process:

• Identify and value the asset pool: The first step is to create a complete list of all assets and liabilities that are part of the relationship. This includes everything owned by either or both parties, regardless of whose name it is in. It also includes assets acquired before or after the relationship, as well as superannuation. Liabilities like mortgages, credit card debt, and loans are also included. All of these items are given a current value to determine the total net asset pool.
• Assess contributions: The court then looks at the contributions each person made to the relationship. This is not just about money. It includes:
  • Financial contributions: Things like income, savings, inheritances, and gifts.
  • Non-financial contributions: Contributions as a homemaker and parent, looking after the household, and making home improvements.
• Consider future needs: The court considers the future circumstances of each person to determine if any adjustments need to be made to the division. Factors taken into account can include:
  • Age and health of each party.
  • Their income, financial resources, and capacity for employment.
  • Whether one person has the primary care of children from the relationship.
  • The impact of any family violence perpetrated during the relationship.
  • The length of the relationship and the impact on each person’s earning capacity.
• Determine if the outcome is “just and equitable”: Finally, the proposed division is assessed to determine if the result is fair and reasonable for both parties in their specific circumstances. It’s a final check to ensure the overall outcome is appropriate, not just a mathematical calculation.

Family lawyers help negotiate legally binding and enforceable agreements regarding property division through Binding Financial Agreements or Consent Orders or represent clients in court to achieve fair outcomes.

Financial agreements outline how assets and finances will be divided if a relationship ends. They can be made before marriage, during a relationship, or after separation to protect both parties and prevent future disputes.

A family lawyer’s role is to guide you through a complex and often emotionally charged process, aiming to achieve an outcome that is in the best interests of your children while also protecting your legal rights by:

• Providing legal advice: Lawyers help parents understand what the law considers “the best interests of the child,” which is the paramount consideration in all parenting matters. This includes advising on issues like parental responsibility, who the children will live with, and how time will be spent with each parent.
• Formalising agreements (Consent Orders): A family lawyer can help you reach an agreement with the other parent, and draft this agreement in a legally binding and enforceable document known as Consent Orders.
• Negotiation and Mediation: Lawyers can act as your advocate during negotiations with the other parent or their legal representative. They can also provide support and representation during Family Dispute Resolution (FDR), a mandatory mediation process that most parents must attempt before going to court. A lawyer’s presence can help ensure your interests are protected and that the discussion remains productive.
• Court Representation: If an agreement cannot be reached through negotiation or mediation, a family lawyer will represent you in the Federal Circuit and Family Court of Australia. They prepare and file all necessary court documents, gather evidence, and present your case to the judge to seek a parenting order that is in the best interests of your children.
• Enforcement of Orders: If a parent fails to comply with an existing court order, a lawyer can assist you in taking legal action to enforce it. This may involve filing a contravention application with the court to ensure the order is followed.What is collaborative family law?

Collaborative Family Law Practice is a voluntary dispute resolution process in which the separating couple and their lawyers commit to resolving their family law issues without going to court. The process involves open communication, mutual respect, and a shared commitment to finding a solution that is in the best interests of all parties involved, particularly children.

Yes. Family lawyers provide guidance for same-sex couples on marriage, separation, property division, parenting matters, and parental rights. They also assist with legal recognition in cases of assisted reproduction.

Look for lawyers with experience in family law, good client reviews, clear communication, and a compassionate approach. A suitable lawyer will explain your options, represent your interests, and help you make informed decisions.

During a consultation, a lawyer will review your situation, explain your legal rights, outline possible outcomes, offer guidance and advise on the next steps. They can also explain the different pathways available to resolve your dispute, being informal negotiation, lawyer-assisted negotiation, Collaborative Law, Mediation/Family Dispute Resolution, and Arbitration or Court Proceedings.

Preparing for a family law case can be a stressful and emotional process, but being organised and proactive can make a significant difference. Here are a few simple tips to help your lawyer assess your case and provide accurate advice:

1. Understand Your Goals: Before your first meeting, think about what you want to achieve. What are your top priorities? This could be related to children’s living arrangements, a fair financial settlement, or both. Be realistic and ready to discuss your desired outcomes.
2. Organise Your Documents: Gathering all relevant paperwork is crucial. Create a system to store and organise documents neatly, whether in a physical file or on a digital drive. This will save you and your lawyer time and money.
3. Create a Chronology: Write down a detailed timeline of your relationship. Include key dates such as:
   1. Date you began living together.
   2. Date of marriage or start of the de facto relationship.
   3. Dates of birth for all children.
   4. Date of separation.
   5. Dates of major financial events (e.g., inheritances, large purchases, or gifts).
4. Know Your Financial Situation: Full and frank financial disclosure is a legal requirement in property matters. You need to be prepared to provide a complete picture of your financial circumstances, including assets, liabilities, and financial resources.
5. List Your Contributions: Think about all the contributions you and your former partner made to the relationship. This is not just about money. It includes:
   1. Financial contributions (e.g. income, inheritances, gifts).
   2. Non-financial contributions (e.g., homemaking, parenting, renovations, caring for family).
6. Prepare a List of Questions: Write down all your questions and concerns before your meeting. This will help you get the most out of the initial consultation and ensure you don’t forget anything important.

Courts and their decisions are generally accessible to members of the public. However, while the principle of “open justice” means that most court hearings in Australia are open to the public, family law matters have specific protections to ensure a degree of privacy and confidentiality. The Family Law Act 1975 provides that all proceedings should be heard in open unless a court decides otherwise. Courts can make orders to protect sensitive information, particularly regarding children, financial records, and personal matters, and it is an offence to publish proceedings that identify persons or witnesses involved in family law proceedings. This is a crucial distinction designed to protect vulnerable individuals, particularly children, during a sensitive and stressful time.