Family law covers the legal consequences of separation and relationship breakdown. It includes divorce, parenting arrangements for children, property settlement between married and de facto couples, spousal maintenance, binding financial agreements, child support, and protection from family violence. Most of this is governed by the Family Law Act 1975 (Cth), with child support under the Child Support (Assessment) Act 1989 and protection orders under the Crimes (Domestic and Personal Violence) Act 2007 (NSW).
Courts that hear family matters
Parenting and property cases are heard in the Federal Circuit and Family Court of Australia, which has registries in Sydney and Parramatta. Divorce applications are made to the same court, and are usually filed online. Apprehended violence order applications and breaches are dealt with by the Local Court of New South Wales. Child protection proceedings, where the Department of Communities and Justice seeks orders about a child, are heard in the Children's Court of NSW. Child support decisions can be reviewed by the Administrative Review Tribunal after an objection.
Before filing
Parents who intend to apply for parenting orders must generally attend family dispute resolution first and obtain a certificate from a registered practitioner, unless an exception such as family violence applies.
Legal aid and free services
Legal Aid NSW funds some family law matters, particularly those involving children and family violence, subject to means and merit tests, and offers free dispute resolution conferences. Family Relationship Centres and community legal centres, including Women's Legal Service NSW, provide additional free help. Check each service for current criteria.
What to bring to a first meeting
- Date of marriage or relationship and date of separation
- Children's names and birth dates, and current living arrangements
- Details of assets, superannuation, debts and income, with recent statements
- Any existing court orders, agreements or protection orders
Checking credentials
Solicitors must hold a current practising certificate, shown on the Law Society of NSW register. Barristers are listed by the NSW Bar Association.
The firms listed here assist families in the Sydney CBD, Parramatta and Western Sydney, the North Shore, the Eastern Suburbs, the Inner West, the South West, Sutherland, the Hills District and the Northern Beaches.
The listings below are alphabetical and are not ranked.
Common questions
How long must a couple be separated before divorce?
Under the Family Law Act 1975, an application for divorce requires that the marriage has broken down irretrievably, shown by separation for at least 12 months with no reasonable likelihood of getting back together. Separation can occur while living under the same roof. Divorce does not decide property or parenting, which are separate applications.
Do de facto couples have the same property rights as married couples?
In New South Wales, de facto couples can apply to the Federal Circuit and Family Court of Australia for property settlement and maintenance under the Family Law Act 1975, provided they meet the statutory requirements, such as the length of the relationship or the presence of a child. Time limits for applications apply.
What does a court consider when making parenting orders?
The court's paramount consideration is the best interests of the child. The Family Law Act sets out matters to weigh, including the child's safety and their relationships with each parent and other significant people. The court does not start from an assumption about how time must be divided, and each case turns on its facts.
Family & Relationships lawyers by suburb
Eastern Suburbs
Bellevue Hill, Ben Buckler, Bondi, Bondi Beach, Bondi Junction, Bondi Junction Plaza, Bronte, Centennial Park, Charing Cross, Chifley, Clovelly, Clovelly West, Coogee, Daceyville, Darling Point, Diamond Bay, Double Bay, Dover Heights, Eastgardens, Edgecliff, Hillsdale, Hmas Rushcutters, Hmas Watson, Kensington, Kingsford, La Perouse, Little Bay, Malabar, Maroubra, Maroubra South, Matraville, Moore Park, North Bondi, Paddington, Pagewood, Phillip Bay, Point Piper, Port Botany, Queens Park, Randwick, Rose Bay, Rose Bay North, South Coogee, St Pauls, Tamarama, Vaucluse, Watsons Bay, Waverley, Woollahra
Inner West
Abbotsford, Annandale, Ashbury, Ashfield, Balmain, Balmain East, Belfield, Birchgrove, Breakfast Point, Burwood, Burwood Heights, Burwood North, Cabarita, Campsie, Canada Bay, Canterbury, Chiswick, Clemton Park, Concord, Croydon, Croydon Park, Drummoyne, Dulwich Hill, Earlwood, Enfield, Enfield South, Five Dock, Haberfield, Hurlstone Park, Leichhardt, Lewisham, Lilyfield, Marrickville, Marrickville Metro, Marrickville South, Mascot, Mortlake, North Strathfield, Petersham, Petersham North, Rodd Point, Rozelle, Russell Lea, Stanmore, Strathfield South, Summer Hill, Sydney Domestic Airport, Sydney International Airport, Undercliffe, Wareemba, Westgate
North Shore
Artarmon, Blenheim Road, Boronia Park, Cammeray, Castle Cove, Castlecrag, Chatswood, Chatswood West, Cremorne, Cremorne Junction, Cremorne Point, Crows Nest, Denistone East, East Killara, East Lindfield, East Ryde, Gladesville, Gordon, Gore Hill, Greenwich, Henley, Hmas Platypus, Hmas Waterhen, Hunters Hill, Hunters Hill West, Huntleys Cove, Huntleys Point, Killara, Kirribilli, Kurraba Point, Lane Cove, Lane Cove North, Lane Cove West, Lavender Bay, Lindfield, Lindfield West, Linley Point, Longueville, Macquarie Centre, Macquarie Park, McMahons Point, Middle Cove, Milsons Point, Monash Park, Mosman, Naremburn, Neutral Bay, Neutral Bay Junction, North Ryde, North Sydney, North Sydney Shoppingworld, North Willoughby, Northbridge, Northwood, Osborne Park, Putney, Riverview, Roseville, Roseville Chase, Royal North Shore Hospital, Ryde, Spit Junction, St Leonards, Tennyson Point, Waverton, Willoughby, Willoughby East, Willoughby North, Wollstonecraft, Woolwich
Northern Beaches
Allambie, Allambie Heights, Balgowlah, Balgowlah Heights, Beacon Hill, Belrose, Belrose West, Brookvale, Clontarf, Curl Curl, Davidson, Elanora Heights, Fairlight, Forestville, Frenchs Forest, Frenchs Forest East, Freshwater, Harbord, Ingleside, Killarney Heights, Manly, Manly East, Manly Vale, Narrabeen, Narrabeen Peninsula, North Balgowlah, North Manly, North Narrabeen, Oxford Falls, Queenscliff, Seaforth, Warringah Mall
South West Sydney
Arncliffe, Banksia, Bardwell Park, Bardwell Valley, Belmore, Beverly Hills, Bexley, Bexley North, Bexley South, Blakehurst, Brighton-Le-Sands, Carss Park, Connells Point, Dolls Point, Hurstville, Hurstville Grove, Kingsgrove, Kingsway West, Kyeemagh, Kyle Bay, Lakemba, Lugarno, Mortdale, Narwee, Oatley, Peakhurst, Peakhurst Heights, Penshurst, Punchbowl, Riverwood, Rockdale, Roselands, Sandringham, Sans Souci, South Hurstville, Turrella, Wiley Park, Wolli Creek
Sutherland Shire
Bonnet Bay, Caravan Head, Como, Greenhills Beach, Jannali, Kangaroo Point, Oyster Bay, Sylvania, Sylvania Southgate, Sylvania Waters
Sydney CBD and Inner South
Alexandria, Banksmeadow, Barangaroo, Beaconsfield, Botany, Broadway, Camperdown, Chippendale, Darling Harbour, Darling Island, Darlinghurst, Darlington, Dawes Point, Eastlakes, Elizabeth Bay, Enmore, Erskineville, Eveleigh, Forest Lodge, Glebe, Golden Grove, Haymarket, Hmas Kuttabul, Kings Cross, Millers Point, Missenden Road, Newtown, Parliament House, Potts Point, Pyrmont, Redfern, Rosebery, Rushcutters Bay, St Peters, Surry Hills, Sydenham, Sydney, Sydney South, Taylor Square, Tempe, The Rocks, The University Of Sydney, Ultimo, Waterloo, Woolloomooloo, Zetland