Family Law Services

Separation and divorce are among the hardest things a family will go through. Our Bondi-based family lawyers guide you through every step under the Family Law Act 1975 (Cth) — from negotiating a separation to finalising property orders in the Federal Circuit and Family Court of Australia (FCFCOA) — with clear advice, fixed fees wherever possible, and a focus on resolving matters out of court where we can.

How we help families across Sydney

We act for clients across the Eastern Suburbs and greater Sydney in all areas of family law, including:

• Separation agreements — formalising the date and terms of separation
• Divorce applications — sole and joint applications in the FCFCOA
• Property settlements — for married and de facto couples
• Parenting plans and parenting orders — including consent orders
• Binding Financial Agreements — pre-nuptial (s90B) and post-separation (s90C/s90D)
• Child support and spousal maintenance
• Family Dispute Resolution and s60I certificates
• Court representation when negotiation fails

Separation

Separation does not always require legal documentation, but formalising it matters. The date of separation triggers important timeframes — including the 12-month period required before applying for divorce, and the two-year window for de facto property claims.

We help you:

• Document the date of separation
• Negotiate interim arrangements for children, the family home and shared finances
• Communicate with your former partner or their lawyer in writing — reducing conflict and protecting your position
• Plan the next steps, whether mediation, consent orders or court

Divorce

A divorce in Australia is granted on a single ground: that the marriage has broken down irretrievably, evidenced by at least 12 months of separation. You can apply jointly or as a sole applicant through the Commonwealth Courts Portal.

Do you need to attend the hearing?

Most divorce hearings are decided in chambers without anyone appearing. You will typically only need to attend if:

• You are a sole applicant and share a child under 18 with the other party
• You indicated in your application that you wish to attend
• The other party has objected to the hearing proceeding
• The respondent has opposed the application

Property Settlements

Property settlements divide the assets, liabilities, superannuation and financial resources accumulated during a relationship. We act for both married and de facto couples and approach every settlement using the structured four-step process the Court applies:

1. Identify and value the asset pool — including superannuation, business interests, trusts and any hidden or undisclosed assets
2. Assess contributions — financial, non-financial, and as a homemaker or parent
3. Consider future needs — age, health, earning capacity, care of children
4. Ensure the outcome is just and equitable

Our property settlement services include:

• Negotiating directly with your former partner or their representatives, including at mediation
• Drafting Consent Orders or Binding Financial Agreements to formalise outcomes
• Representing you in the FCFCOA when agreement cannot be reached
• Investigating and tracing assets where disclosure is suspected to be incomplete
• Valuing businesses, trusts and complex structures
• Identifying capital gains tax and stamp duty implications
• Splitting superannuation under Part VIIIB of the Family Law Act

Parenting Plans and Parenting Orders

Following the May 2024 amendments to the Family Law Act, decisions about children are now made by reference to a refined list of factors focused on what is in the child's best interests — including safety, the child's views, and the benefit of meaningful relationships with both parents.

Parenting plans vs parenting orders

A parenting plan is a written, signed agreement between parents — flexible but not legally enforceable. A parenting order (whether by consent or after a hearing) is a court order, enforceable with serious consequences for breach.

Before applying for parenting orders, you generally need a s60I certificate showing you have attempted Family Dispute Resolution (FDR) — unless an exemption applies (urgency, family violence, child abuse).

We help you:

• Negotiate or mediate parenting arrangements
• Draft parenting plans and consent orders
• Apply for parenting orders or vary existing orders
• Respond to recovery orders and contraventions
• Navigate FDR and obtain s60I certificates

Binding Financial Agreements

A Binding Financial Agreement (BFA) lets a couple — married or de facto — decide in advance how their property, finances and spousal maintenance will be dealt with, without involving the court. BFAs can be entered into:

• Before marriage (s90B — sometimes called a "pre-nup")
• During marriage (s90C)
• After separation or divorce (s90D)
• Equivalent provisions apply for de facto couples (s90UB, s90UC, s90UD)

For a BFA to be binding, both parties must obtain independent legal advice from a qualified family lawyer, and that advice must be certified on the agreement. We prepare BFAs and provide independent advice to clients entering agreements drafted by the other side.

Child support and spousal maintenance

Child support in Australia is administered by Services Australia under the Child Support (Assessment) Act 1989 (Cth). We advise on assessments, change-of-assessment applications, departure orders, and binding child support agreements. For spousal maintenance — separate from child support — we advise on entitlement, quantum and duration.

Frequently asked questions

For background on related estate planning matters that often arise during separation (such as updating your Will, superannuation binding death nominations and powers of attorney), see our Wills & Estates page. We also offer contract law services for any business or property dealings that arise during settlement.