Family Law FAQs

At your initial consultation, you will meet with one of our leading Sydney family lawyers, who will provide you with preliminary advice about your rights and obligations. The first consultation is entirely free of charge. 

Learn more about your first consultation

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. 

Learn more about how we consider your options including 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). 

Learn more about applying for divorce with The Norton Law Group

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. 

Learn more about prenuptial agreements and how they work

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. 

Learn more about how the Family Court divides assets in property settlement cases

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. 

Learn more about how the Family Court makes decisions about children

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”? 

Learn more about divorce settlements and inheritance

There are three elements that constitute a finding that separation has occurred: 

1.  An intention to separate; 
2.  Action upon that intention and 
3. Communication of that intention to the other party. The communication may be spoken or unspoken. It is sufficient that “there must be some overt separation, some evidence that there are two households not one”. 

Learn more about separation in family law. 

Evidence of family/domestic violence will impact of the type of parenting orders a court will make. Family violence during the relationship may also impact a Court’s decision in respect to property settlement outcomes. 

Learn more about domestic and family violence in family 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. 

Learn more about how the Family Court divides assets in property settlement cases. 

At the Child Dispute Conference, the Family Consultant will meet with both parties, either separately or together or a combination of both, and explore the issues that are in dispute about the children and what arrangements need to be made for the children. 

Learn more about Child Dispute Conferences in family law.  

Allegations of sexual abuse are taken very seriously by the Court, both when there is evidence the abuse has occurred or if they have been falsified or exaggerated to undermine the process. 

Learn more about sexual abuse allegations and how they impact custody disputes. 

In most cases, preference is given to the parent who will be given chief custody of the children (the parent with whom the children live with for the greater time). 

Learn more about how ownership of the matrimonial home is handled in divorce cases. 

The short answer is YES. However, while a former spouse is eligible to make a claim this fact alone is not sufficient for him or her to be successful. 

Learn more about how a former spouse can claim on a will and how you can bar a claim. 

In considering an application for relocation of children the Court will have regard to a number of factors including the following:

• The views of the children. 
• The nature of the children’s relationships with each parent. 
• The likely effect of any change in circumstances on children of a separation from either parent. 
• The practical difficulty and expense of contact and whether the practical difficulty and expenses will substantially affect the children’s right to maintain personal relationships and direct contact with both parents. 
• The capacity of each parent to provide for the children’s needs including emotional and intellectual needs. 
• The children’s maturity, sex, and background. 
• The need to protect the children from harm. 
• Whether there is any family violence and the impact of the violence on the ongoing relationship of the children with their parents. 
• The Order that is least likely to lead to further proceedings.  

The Court tends to favour an approach to relocation cases that identifies the competing proposals of the parties and considers which proposal is preferable in the particular circumstances of the case, having regard to the interests of the children.

Learn more about relocating with children after separation. 

More often than not, one party has made more direct or indirect financial contributions, whilst the other party may have made greater contributions in the role of homemaker and parent. If you feel that you have made “special contributions”, these should be carefully pleaded to be given appropriate weight.  

Learn more about how special contributions are handled in dividing assets. 

In Australia, section 66L of the Family Law Act 1975 provides the Court can order one or both parents to provide financial support to a child over the age of 18 (adult child maintenance) if necessary: 

• to enable the child to complete their education (including tertiary education, vocational training or an apprenticeship); or 
• because of a mental or physical disability of the child. 

Learn more about adult child maintenance in family law. 

Essentially, the Law treats pets as assets. If they are breeding animals, then they essentially become a business asset. If they are companion animals, they are treated as personal property – like photos and CDs. Whilst that sounds harsh to animal lovers, it is the reality of how the Courts treat pets. 

Learn more about how the Court handles the custody of family pets. 

There are really 3 simple rules in making the right choice to finding the best family lawyer in Sydney: 

1. Check how long the lawyer has been an accredited specialist in family and divorce law. 
2. Insist on a Law Society Accredited Family Law Specialist. 
3. Consider their accessibility to meet with you and respond to your calls/emails. 

Learn more about how to choose the best family and divorce lawyer in Sydney. 

After divorce, marrying or partnering for a second or more time comes with its own set of legal issues, including how to protect your assets from your new spouse or partner in the event of another divorce or separation. You also need to consider how to protect your estate from successful challenges from your former spouse/partner, your current spouse/partner, your children or your stepchildren. 

Learn more about the legal and estate planning considerations when it comes to blended marriages and second marriages.