Family Law

A family lawyer advises and represents you across all stages of a relationship, not only at breakdown. Before or during a marriage or de facto relationship, they can prepare binding financial agreements (prenuptial agreements) and advise on asset protection and parenting or property matters, even where there is no dispute.

If a relationship breaks down, a family lawyer advises on separation, divorce, property settlements, parenting arrangements and spousal maintenance. They can negotiate with the other party, prepare legal documents, and represent you in court if no agreement can be reached.

Engaging a family lawyer early helps you understand your rights, protect your interests, and resolve disputes more efficiently.

Before applying for a divorce, you must generally have been separated for at least 12 months. Once an application is filed, the process usually takes several months, although the exact timeframe depends on factors such as whether the application is made jointly or by one party, and whether all legal requirements have been met.

Australian family law does not automatically divide property equally after separation. Instead, the court considers a range of factors, including each party’s financial and non-financial contributions, their future needs, and whether the proposed outcome is just and equitable. Property can include real estate, savings, investments, businesses and superannuation.

Parental responsibility refers to the legal duties, powers and responsibilities parents have in making important decisions about their children’s lives, such as education, healthcare and religion. When determining parenting arrangements, the primary consideration is always the best interests of the child. Many families reach agreement through negotiation or mediation, while others may require the court to make a decision.

Spousal maintenance may be available where one party is unable to adequately support themselves after separation and the other party has the financial capacity to provide financial assistance. Whether maintenance is payable depends on the circumstances of each case, including income, earning capacity, age, health and caring responsibilities.

In many cases, yes. Eligible de facto couples have access to similar property settlement and spousal maintenance rights as married couples under Australian family law. Generally, a de facto relationship must have lasted at least two years, although exceptions apply, such as where the parties have a child together or the relationship has been registered. In most cases, property settlement applications must be made within two years of separation.

Not necessarily. Many family law matters are resolved through negotiation, mediation or other forms of dispute resolution without the need for a final court hearing. However, if an agreement cannot be reached or urgent issues arise, court proceedings may be necessary to protect your legal rights and your children’s best interests.