Family Lawyers Sydney

No, depending on your family law matter, going to Court may not ever be necessary. Going to Court is just one option, and our specialist family lawyers will explore other tactics such as alternative dispute resolution, mediation, and arbitration to help you resolve matters without going to Court.

You can apply for a divorce when you are able to demonstrate an irretrievable breakdown of the marriage and have lived separately for a period of 12 months. In some circumstances, you can live separately under one roof if you can provide evidence the marital relationship has broken down.

The application for divorce is filed at the Federal Magistrates Court. The Norton Law Group can help you prepare your divorce application and serve it to your spouse (if you are making a sole application).

Yes. Since December 2000, parties who are to be married have been able to enter into Prenuptial Agreements (known as Financial Agreements) that provide for how assets will be divided if the marriage later breaks down.

Prenuptial Agreements are enforceable in Australia if they follow and adhere to the very strict legal requirements of the Law.

There is no presumption in Australian Law that marital assets must be divided equally between husband and wife. Instead, the Family Court has broad powers to make Orders for a just and equitable division of assets.

In deciding how the assets of a husband and wife should be distributed, the Family Court must first determine whether it should alter property interests and then follow a 4-step process examining assets and liabilities, contributions, future needs of each party, and whether the division is just and equitable.

A formal court order on the future of children is always a last resort in the family law system. At every stage, disputing parents are encouraged to reach a mutually satisfactory agreement on parenting plans that account for the best interests of the children.

The Family Law Act provides that unless it would be contrary to a child’s best interests that:

• Children have the right to know and be cared for by both their parents.
• Children have a right to spend time on a regular basis and communicate on a regular basis with both parents.
• That parents jointly share duties and responsibilities concerning the care, welfare, and development of their children.
• That parents should agree about the parenting of their children.
• That children have a right to enjoy their culture.

Just how inheritances will be relevant will vary in each individual case as it is important to consider many factors, including:

• When was the inheritance received, or when is it expected to be received;
• The size of the inheritance as compared to the asset pool;
• The expectation of the inheritance and how the parties may have planned for it in their financial planning;
• Did the parties contribute in any way to the “inheritance”?