Family Law
Family Law Lithgow & Blue Mountains
Legal expertise when relationships break down
Family law in Australia deals with legal issues arising from family and relationship breakdowns, as well as the care and protection of children. It covers matters such as divorce, parenting arrangements, child support, property division, and spousal maintenance. Family law is typically used when couples separate—whether married or in de facto relationships—and need to formalise agreements or resolve disputes about finances and parenting responsibilities.
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Divorce
Divorce is the legal process of ending a marriage. Australia has a no‑fault divorce system, meaning the Court does not consider who was responsible for the breakdown of the relationship. An application for divorce can be made after 12 months’ separation and is dealt with by the Federal Circuit and Family Court of Australia. Divorce is separate from property settlement and parenting matters.
Property Claims
Property settlement involves dividing assets, liabilities and financial resources after separation. The Federal Circuit and Family Court of Australia has jurisdiction over property matters for married and eligible de facto couples. Strict time limits apply to commence proceedings.
Domestic Relationship Termination Agreements
A Domestic Relationship Termination Agreement (DRTA) can finalise property and financial matters for certain de facto relationships under NSW law. In some circumstances, a Binding Financial Agreement under federal law may be more appropriate.
Binding Financial Agreements
Binding Financial Agreements (often called pre‑nuptial agreements) allow couples to decide how property and financial matters will be dealt with if a relationship ends. They can be entered into before, during or after a marriage or de facto relationship.
De Facto Relationships
De facto couples have many of the same rights as married couples under Australian family law. Eligible de facto partners may seek property settlement, spousal maintenance and parenting orders through the Federal Circuit and Family Court of Australia.
Children Issues
Parenting matters involve decisions about where children live, how much time they spend with each parent and who makes major decisions for them.
The Court’s primary consideration is the best interests of the child.
Adjustment of Property
An adjustment of property refers to the process used to reach a just and equitable division of property following separation. This includes consideration of contributions made by each party and their future needs.