Family Law.
We understand that family law issues are deeply personal and often complex, and we are here to guide you through one of life’s most challenging times.
Our experienced team is committed to providing compassionate and expert legal support for all family law matters, including the associated superannuation, taxation, property and commercial aspects of family law. We can advise you in relation to:
Divorce and separation
​Divorce in Australia is governed by a no-fault system under the Family Law Act 1975 (Cth), meaning the Court does not consider who was to blame for the breakdown of the marriage. The sole requirement is that the relationship has irretrievably broken down, demonstrated by at least 12 months’ separation. We guide you through every stage of the divorce process, including separation under one roof, filing sole or joint divorce applications, and resolving associated issues such as a property division and parenting arrangements. We ensure your legal rights are protected while helping you move forward with confidence.
Property settlements and spousal maintenance
Property settlements under the Family Law Act 1975 (Cth) involve a structured legal process to determine a just and equitable division of property following separation, for both married couples and de facto couples. This includes all property interests, such as real estate, businesses, trusts, superannuation, investments and liabilities. The Court considers the property pool (the assets and liabilities owned individually and jointly and their value), direct financial contributions by each party (e.g. income), indirect financial contributions by each party (e.g. gifts and inheritances), non-financial contributions to property (e.g. renovations), contributions to the welfare of the family (e.g. caregiver and homemaker), the effect of any family violence on a party’s ability to make financial or non-financial contributions, and each party’s future needs (e.g. the impact of age, health, financial resources, care of children, ability to earn an income). We also advise on spousal maintenance, where one party requires financial support after separation. Our team delivers clear, commercially focused advice to secure the best possible outcome.
Binding financial agreements
Binding financial agreements, including prenuptial and post-separation agreements, allow couples to formally define how their property and spousal maintenance will be dealt with in the event of separation, outside of Part VIII of the Family Law Act 1975 (Cth). When properly prepared, binding financial agreements can provide greater certainty, asset protection and cost savings. We carefully draft, review and advise on these agreements to ensure they meet strict legal requirements and truly protect your interests.
Parenting and children
The Family Law Act 1975 (Cth) places the best interests of the child as the paramount consideration in all parenting matters. To determine what is a child’s best interests, the Federal Circuit and Family Court of Australia consider what arrangements will protect children from harm (including family violence, abuse, neglect, or other harm); the child’s view, the developmental, psychological, emotional and cultural needs of the child; the capacity of each person who has or is proposed to have parental responsibility for the child to provide for the child’s developmental, psychological, emotional and cultural needs; the benefit to the child of being able to have a relationship with the child’s parents, and other people who are significant to the child, where it is safe to do so; and anything else that is relevant to the particular circumstances of the child.
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We assist with parenting plans, consent orders, recovery orders, and Court proceedings where agreement cannot be reached. A parenting order can be applied for by either or both of the child’s parents, the child, a grandparent of the child, or any other person concerned with the care, welfare or development of the child. Our focus is on practical, child-centred solutions that promote stability and long-term wellbeing.
Relocation
Relocation matters arise when a parent wishes to move with a child in a way that significantly affects the child’s relationship with the other parent. Under the Family Law Act 1975 (Cth), relocation is treated as a parenting matter and must be assessed by reference to the child’s best interests. We provide strategic advice on whether relocation is likely to be permitted, assist with negotiations, and represent clients in urgent and contested Court applications to protect their parenting rights and their children’s futures.
Recovery order
Few situations are more distressing than when a child is wrongfully withheld or removed from a parent or caregiver. Whether this occurs in breach of existing parenting orders or without any formal arrangements in place, urgent legal action may be required to ensure the child’s safety and prompt return.
The Federal Circuit and Family Court of Australia can make a recovery order requiring the return of the child to a parent of the child; a person with whom the child is to live, spend time, or communication with pursuant to a parenting order; or a person who has parental responsibility for the child.
These matters are treated with priority by the Court due to the serious emotional and psychological risks posed to children in such circumstances. We can advise you in relation to recovery order applications. Our focus is on acting decisively to protect your child’s welfare and to restore stability as quickly and safely as possible.
Child support and child maintenance
Child support in Australia is primarily administered through Services Australia. Parties can consent to child support arrangements and document them in binding and limited child support agreements. These arrangements can provide greater certainty, flexibility and tailored financial outcomes for families. We advise on child support assessments, objections, change of assessment applications, unpaid child support recovery, and the preparation of binding and limited child support agreements to formally regulate long-term financial arrangements for children.
Hague convention and child abduction
Australia is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction, which is incorporated into Australian law through the Family Law Act 1975 (Cth). These laws apply where a child has been wrongfully taken overseas or wrongfully retained outside their country of habitual residence. We provide urgent advice and representation in both return applications and defence proceedings, working swiftly to navigate the complex international legal framework and protect your child’s rights.
