Family problems rarely arrive one at a time. A separation may bring questions about where the children will live, how bills will be paid, what happens to the family home and whether an agreement needs to be made formal.
Getting advice early can help you understand where you stand before you make decisions that are difficult to undo.
Golottas Solicitors advises married and de facto couples in Wetherill Park and across Western Sydney.
We can assist with:
Every family is different. We will listen to what has happened, explain the options in plain language and help you decide on a practical way forward. Contact us to discuss your situation.
Separation and divorce are related, but they are not the same thing. You do not have to wait for a divorce before dealing with parenting arrangements, property or financial support.
Australia has no-fault divorce under the Family Law Act 1975. The Court does not decide who was responsible for the marriage ending. To apply for a divorce, you must generally have been separated for at least 12 months and one day, with no reasonable likelihood that the marriage will resume.
It is possible to be separated while continuing to live in the same home. If that applies to you for any part of the required separation period, the Court will usually require additional evidence about your living arrangements.
A divorce also does not settle property or parenting issues automatically. Those matters need to be resolved separately. Time limits apply to financial applications, so it is sensible to obtain advice well before the divorce becomes final.
We can advise you about eligibility, prepare a sole or joint divorce application and help deal with service or other procedural issues.
We can help with arrangements concerning:
An Independent Children’s Lawyer may be appointed in some cases to represent the child’s interests. Whether that is appropriate depends on the circumstances of the matter.
Parents often use the phrase “child custody”, but Australian family law generally refers to parenting arrangements, parental responsibility and the time a child spends with each parent.
The child’s best interests are the Court’s paramount consideration. Safety is central to that assessment, including any history of family violence, abuse or neglect. Following changes that took effect on 6 May 2024, the law no longer begins with a presumption of equal shared parental responsibility. There has never been a rule that children must spend equal time with each parent. The Federal Circuit and Family Court of Australia explains the current parenting framework.
Where parents agree, arrangements may be recorded in a parenting plan or made legally binding through consent orders. If agreement is not possible, an application for parenting orders may be required.
In most cases, parents must make a genuine attempt at family dispute resolution before starting parenting proceedings. There are exceptions, including urgent matters and cases involving family violence or safety risks.
Child support is usually assessed by Services Australia using a formula that considers matters such as each parent’s income, the level of care provided and the costs of raising the child.
Some parents prefer to make their own child support agreement. An agreement can deal with periodic payments and expenses such as school fees, health insurance or medical costs. Limited and binding child support agreements have different requirements and consequences. Each parent must obtain independent legal advice before entering a binding child support agreement.
Before signing an agreement, it is important to understand how long it may operate, how it can be changed or ended and what may happen if care or financial circumstances change.
We can advise on assessments, private agreements, enforcement issues and the options available where an assessment does not reflect unusual circumstances.
The division of property and assets following the breakdown of a relationship is one of the most complex and contentious areas of family law. The Family Law Act 1975 outlines the process for dividing property between parties to a marriage or de facto relationship. The law adopts a “no-fault” approach, meaning that the reasons for the breakdown of the relationship are not considered when dividing assets.
The division of property is based on the principle of “just and equitable” distribution, which means that the court aims to reach a fair outcome for both parties. The process involves several steps:
In many cases, parties can reach an agreement on the division of property without going to court. Such agreements can be formalised through a consent order or a binding financial agreement. However, if an agreement cannot be reached, the court will make a decision.
A property settlement is not simply a 50–50 division. The outcome depends on the facts of the relationship and what is just and equitable in the circumstances.
The process generally involves identifying the parties’ property, liabilities and financial resources; considering their financial and non-financial contributions; and assessing their current and future circumstances. Since 10 June 2025, the Family Law Act expressly recognises the economic effect of family violence where it is relevant to the property settlement. The Court provides a summary of the current property-law framework.
The property pool may include:
Assets held in one person’s name can still be relevant. Full and frank financial disclosure is required, whether the matter is resolved by agreement or through the Court.
Many property matters are settled through negotiation, mediation or lawyer-assisted discussions. An agreement should usually be formalised by consent orders or, where appropriate, a binding financial agreement. An informal understanding may not bring the matter to an end or prevent a later claim.
There are important time limits. A married person generally has 12 months from the date a divorce becomes final to apply for property orders. For most eligible de facto relationships, the limit is two years from separation. The Court’s permission is required to apply outside those periods, and permission is not automatic.
Spousal maintenance is financial support paid by one former spouse to the other. It is separate from child support and is not available in every case.
The main questions are whether one person is unable to meet their reasonable expenses and whether the other person has the capacity to provide support. The Court may consider income, property, health, age, caring responsibilities and the effect of the relationship on each person’s ability to earn an income.
Maintenance may be ordered for a limited period, paid periodically or dealt with in another form. Urgent or interim orders may be available where immediate financial support is needed.
Applications are subject to time limits. A former spouse generally must apply within 12 months after a divorce becomes final. A person from an eligible de facto relationship generally has two years from the date of separation. The Court publishes further information about spousal maintenance and time limits. Early advice is important if either deadline is approaching.
You do not need to have every document or every answer before making an appointment. A useful starting point is to bring a short chronology, any existing court orders or agreements, and a basic list of assets, liabilities and current parenting arrangements.
To discuss your situation with a family lawyer at Golottas Solicitors, call (02) 9729 3286 or make an enquiry.
Our office is at Suite 4, Ground Floor, 12–16 Daniel Street, Wetherill Park NSW 2164.
Binding Financial Agreements (BFAs), also known as “pre-nuptial” or “post-nuptial” agreements, are contracts between couples that outline how their property and financial resources will be divided in the event of separation or divorce. These agreements can be made before, during, or after a relationship. The Family Law Act 1975 provides the legal framework for BFAs in Australia.
A binding financial agreement can deal with how property and financial resources will be divided if a relationship ends. It may be made before, during or after a marriage or de facto relationship.
These agreements are sometimes called prenups, although they are not limited to couples who are about to marry. They may also address spousal maintenance and other financial matters.
Strict legal requirements apply. Each person must receive independent legal advice, and the wording needs to reflect the parties’ circumstances and intentions. A poorly prepared agreement may later be challenged or set aside.
We can advise you about whether a financial agreement is suitable, negotiate its terms and prepare the documents. We can also advise someone who has received a proposed agreement from their partner’s solicitor.
Court is not the only way to resolve a family law dispute. Depending on the circumstances, negotiation, family dispute resolution, mediation or a collaborative process may lead to an agreement without a final hearing.
An out-of-court agreement can reduce delay and give the parties more control over the result. It still needs to be carefully documented. Parenting plans, consent orders and financial agreements do different jobs and have different legal effects.
Where court proceedings are necessary, we will explain the process, prepare the required material and represent your interests at each stage.
Family law in Australia is governed by several key pieces of legislation and regulations. The Family Law Act 1975 is the primary legislation, covering divorce, property division, spousal maintenance, and parental responsibility. The Child Support (Assessment) Act 1989 governs child support, and the Child Support (Registration and Collection) Act 1988 deals with the collection and enforcement of child support payments.
Compliance with these laws is overseen by various government bodies, including the Family Court of Australia, the Federal Circuit Court of Australia, and the Department of Human Services (Child Support). The courts have the authority to make binding orders in family law matters, while the Department of Human Services administers the child support scheme.
In addition to these laws, the National Domestic and Family Violence Bench Book provides guidelines for handling cases involving family violence, which can have a significant impact on decisions related to child custody and spousal maintenance. The Australian Standards for Mediation also apply to family law disputes, promoting the use of mediation as a way to resolve conflicts outside of court.
This page provides general information only and is not legal advice. Family law outcomes depend on the facts of each matter. Obtain advice about your circumstances before acting or relying on this information.
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