Leading Family Lawyers in Sydney’s CBD

How Our Family Solicitors Can Help You

A relationship breakdown can be emotionally difficult for all concerned and can be even more challenging when children are involved. To move forward, complex decisions need to be made during periods of high stress. Legal advice and guidance from an experienced Sydney family lawyer at this point can be critical, whether negotiating the division of your property or determining arrangements for the future care of your children.

Family law in Australia is intended to be fair, and spouses, de facto partners and same-sex couples can all access remedies under family law legislation. Fortunately, most matters can be settled outside of the courtroom, by negotiation or mediation and with the assistance of a family lawyer.

Property Settlement

A property settlement involves the division of assets, liabilities, and financial resources between a couple whose relationship has broken down. It legally finalises their property affairs allowing each to move on with their respective financial needs and goals. A property settlement may be achieved through a financial agreement, consent orders or court proceedings.

Important considerations in reaching a fair property settlement include:

• All assets and liabilities, whether held jointly or individually are considered – the family home, investment properties, cash, shares, motor vehicles, superannuation, and other investments, as well as mortgages, loans, credit cards and other debts.

• The financial and non-financial contributions made to the relationship by each party are relevant – non-financial contributions include domestic contributions such as childcare, household duties and emotional support.

• The future needs of each party must be taken into consideration.

Parenting Arrangements

Parenting arrangements can address issues such as where children live, how much time they spend with each parent and other important matters such as education and healthcare. Parenting arrangements can be achieved through a parenting plan, consent orders or court proceedings.

The family law system in Australia has long contained a legal presumption that it is in the best interests of a child for both parents to have equal shared responsibility for the child. This rebuttable presumption has meant that each parent is equally responsible for making major decisions regarding their children such as those concerning health and education. Equal shared parental responsibility, however, does not mean that a child will necessarily spend half of their time with each parent. As a result of recent law reform, from 6 May 2024 the presumption of equal shared parental responsibility will no longer apply (except in final hearings that have already commenced by that date). The removal of the presumption will mean that the court must decide on the allocation of parental responsibility on a case-by-case basis with the primary focus being on the best interests of the child.

Using Collaborative Family Law in Sydney to Resolve Your Matter

We foster collaborative family law in Sydney to assist clients in finalising their separation with as little animosity, stress and cost as possible. As an alternative to traditional (and often adversarial) processes, collaborative law focuses on the parties’ goals and interests, as opposed to rights and entitlements.

Collaborative law involves structured negotiations between the parties, their respective family lawyers who are trained in the collaborative process and, where relevant, other professionals such as accountants, psychologists and counsellors.

Negotiations are confidential and transparent, and all parties must be committed to the process. The parties are required to enter into a written agreement requiring them to resolve the matter without recourse to litigation. Although the parties’ respective lawyers represent their clients individually, they make a concerted effort to assist the family unit in reaching an optimum outcome.

Care & Protection – Child Support

Care and protection law focuses on the welfare, wellbeing and safety of children and young people under the age of 18, specifically regarding the capacity of their parents (or other carers) to provide those outcomes. Care and protection law seeks to ensure that children and young people have a safe and stable environment to live in.

When parents or carers are found to be incapable of providing sufficient care and protection for a child or young person, the law allows for certain authorities, most commonly the Department of Communities and Justice or DCJ (formerly known as FACS and DoCS), to intervene in a child or young person’s life. Intervention may involve providing support services to the child or family members. In some circumstances where there is found to be a significant risk of harm to a child, the child may be removed from their home and placed into care.

Speak to Our Family Lawyers in Sydney CBD Today

If DCJ has intervened in your family’s life, it is important to get legal advice to understand what your rights are and what is expected of you when certain orders are made. Our family lawyers in Sydney CBD can assist if you are involved in care and protection proceedings. For example, you may wish to have your child restored to your care, or if you are an extended family member you may wish to care for a child who has been removed from their parents.

For expert legal advice and representation contact [email protected] or call 02 9159 9024.