A family lawyer gives legal advice and help when a relationship ends or a family dispute arises. That covers divorce, property settlement, parenting arrangements and child support under the Family Law Act 1975. They explain your rights, negotiate with the other side, prepare agreements and consent orders, and represent you in the Federal Circuit and Family Court of Australia if the matter goes to court.

Family law is mostly federal. The Family Law Act 1975 covers divorce, property and parenting for married and de facto couples in NSW, and the Federal Circuit and Family Court of Australia hears the cases. Child support is assessed separately by Services Australia. Most matters are settled by agreement or mediation, and court is the last step.

You don’t legally need a lawyer to apply for divorce. However property settlement, parenting arrangements and consent orders are separate legal matters where professional advice can make a significant difference to your outcome.

Married couples have 12 months after divorce is finalised. De facto couples have 2 years from the date of separation. Missing these deadlines means you need court permission to proceed — don’t leave it too long.

It depends on how much work your matter needs. Most family lawyers charge by the hour, and costs rise sharply if a matter goes to court. In NSW, a lawyer must tell you in writing how they will charge and estimate your total costs before starting, unless the total is likely to be under $750. At Meredith Family Lawyers, your first 15-minute phone consultation is free, so you can explain your matter and ask about fees.

Both parents have parental responsibility, but since 6 May 2024 the law no longer presumes they should share major decisions equally, and neither parent has a right to equal time. Arrangements are based on each child’s best interests, starting with the child’s safety.

Yes, if you meet the criteria. Legal Aid NSW gives free family law advice, and can fund a lawyer or mediation if you pass a means test (what you earn and own) and a merit test. Most people who get a grant pay a contribution. Start by calling LawAccess NSW on 1300 888 529; community legal centres also give free advice.

Usually, each person pays their own legal costs. The Family Law Act starts from that rule, but the court can order one person to pay some of the other’s costs, for example if they acted unreasonably or didn’t follow orders. Court filing fees are paid by the person who files, and a reduced fee is available for some applications if you are in financial hardship or hold certain concession cards.

There is no set formula. Depending on your situation, you may be entitled to a share of the property (including superannuation), child support if you care for the children, and in some cases spousal maintenance if you can’t support yourself and your former partner can afford to help. Married and de facto couples have largely the same rights. Time limits apply: 12 months after a divorce is final, or two years after a de facto relationship ends.