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What's in Your 15-Minute Family Law Action Plan

One short call. Four things you’ll walk away knowing.

1 -

Where you stand

In plain English, not legal jargon

2 -

Your options

What each path typically involves and what it means to you

3 -

What to do first

And what can safely wait until later

4 -

Your cost estimate

Before you commit to anything

Frequently Asked Questions

Yes. Tell us your preferred time on the form and we’ll work around it.

No. It’s a conversation about your situation and your options. There’s no obligation to engage us.

That’s fine. Plenty of people call to understand where they stand and go no further.

We’ll explain your options and any costs upfront. No surprises.
– Is what I tell you confidential? Yes. Everything you share with us is confidential.

If you’d like to work with our family lawyers in Sydney, you can book a consultation online or by phoning us on 1300 614 732. Our family lawyers will assess your situation and advise on the process, likely timeframe, and expected costs.

Many people in Australia apply for a divorce without using a divorce lawyer, especially when it’s a fairly straightforward matter. This can be done by deciding whether to file a joint or sole application, and by filing the correct forms, paperwork, and identification documents on the Commonwealth Courts Portal, and paying the filing fees.

Working with a divorce law firm can help you streamline the process and save time, and it is generally a better option for those with more complex divorce applications, such as overseas marriages, different jurisdictions, issues serving paperwork or locating your former partner. If you have children under 18, you will also need to satisfy the court that proper arrangements have been made for their care when filing for a divorce.

It’s also important to be aware that filing for a divorce does not address parenting and property matters, which each have their own legal processes. There are also time limits for property settlement, and once you have filed for divorce and a divorce order is granted, you have a 12-month window from when the divorce order takes effect to initiate property settlement, or you may be unable to do so without special permission from the court.

In many cases, yes. Under section 4AA of the Family Law Act, de facto couples living together in a genuine domestic relationship have similar rights, entitlements and obligations to married couples when it comes to property division, financial support and parenting matters. The courts will require some proof of the nature of the relationship and will consider factors such as whether you lived together and for how long, and whether you share children. Time limits and eligibility criteria apply, so it is important to get advice early.

Parenting arrangements are determined based on what is in the child’s best interests under section 60CC of the Family Law Act 1975, including factors such as safety, relationships and overall wellbeing. There is no set share of care defined in Australian family law, so it’s up to co-parents to decide what works best for their children, where possible, to avoid a court deciding on the outcome. We often see issues arise when parents expect they will have 50/50 shared care, or a set division of time, when in reality, the arrangement needs to be based on what is going to be best for the child, or children involved.

Arrangements may also change over time as children grow, so it’s worth discussing the bigger picture early on. Many families reach an agreement through negotiation or mediation, which can then be formalised to create a clear, workable structure. This is generally done with a written agreement, called a parenting plan, or via consent orders, which are approved by the court and are legally binding.

A child custody lawyer, or parenting lawyer, helps you to reach an agreement with your former partner regarding the care of your children, often through mediation or negotiation. They may assist you in drafting parenting agreements, such as parenting plans and consent orders, filing court applications, and resolving disputes over where the child lives or how decisions are made. 

Most matters can be resolved without going to court, but urgent matters – such as safety risks, recovering a child or relocation – and complex disputes or international parenting matters may require court proceedings. Our Sydney family law team has extensive experience helping families resolve straightforward and complex disputes, both within Australia and across jurisdictions.

Under section 79 of the Family Law Act 1975 (Cth), married and de facto couples’ assets and debts are divided based on a number of factors, including:

  • Financial and non-financial contributions of each party
  • Current and future needs of each party
  • Length of the relationship, and if there are children involved

The court generally follows a four-step process of identifying the pool, contributions and current and future needs to reach an outcome. Other factors, such as family violence, the health of both parties and their future earning capacity, are also taken into account to determine what is a just and equitable division in their specific circumstances. A property settlement lawyer will help you determine what’s in the asset pool, what contributions each party made and how future needs affect each party’s entitlements.

Yes. Our Sydney family lawyers have experience handling a wide range of cross-border and international family law matters. This includes international divorce and separation, parenting arrangements involving children living in Australia or overseas, and property disputes with assets located across multiple jurisdictions. We also assist with urgent recovery of children under the Hague Convention on the Civil Aspects of International Child Abduction, as well as complex relocation and parenting issues.

Our team can also assist you in a number of languages, including English, Mandarin, Hindi, Arabic, Punjabi and Vietnamese, ensuring clients from many backgrounds can get the support they need.

Justice Family Lawyers are located in Sydney’s CBD between Hyde Park and the Downing Centre, at Level 2, 255 Castlereagh Street, Sydney NSW 2000. We are a 2-minute walk from the Downing Centre Court and 5 minutes from Sydney’s Federal Circuit and Family Court of Australia, Lionel Bowen Building, which is located at 97–99 Goulburn Street, Sydney NSW 2000.

Our Sydney CBD office is accessible by public transport and has secure parking in close proximity.  Parking is available next door at Wilson Parking (233 Castlereagh St) or across the street at Secure Parking (242 Castlereagh St entry).

If you are catching public transport, we are a 2-minute walk from Museum Station (City Circle) and the new Gadigal Metro Station (Bathurst St entry). Town Hall Station and the Light Rail are also within a 6-minute walk. There are also several major CBD bus routes that stop at Museum Station, Stand F, located directly outside our building.

Please get in touch with our Sydney family lawyers to book a time for your next visit, or organise a call if you are unable to make it into our office.

Property settlement, Queensland

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Settled by negotiation

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Find out where you stand

Get Your 15-Minute Family Law Action Plan. A family lawyer will call you back. No cost, no obligation.