Family Solicitors in Sydney and the Sutherland Shire

Most family law matters in Sydney are resolved without ever setting foot in a courtroom. 

Negotiation, mediation, and collaborative practice resolve the majority of disputes, and that’s almost always better for everyone involved. Court litigation becomes necessary when safety is at risk (such as family violence or child abduction), when one party refuses to engage in good faith, or when an urgent intervention order is needed. 

Our family law solicitors in Sydney will always pursue the least adversarial path first, but when court is the right option, we’re experienced advocates in the Federal Circuit and Family Court of Australia.

Family dispute resolution (FDR) is a form of mediation where a neutral third party helps separating parties reach agreement on parenting and property matters. 

For most parenting disputes, attending FDR is actually a legal requirement before you can apply to the court, you’ll need a Section 60I certificate to show you’ve made a genuine attempt to resolve things first. There are exceptions, including situations involving family violence or where a matter is urgent. 

Our certified mediators can conduct FDR in-house, meaning you don’t need to go elsewhere before speaking to a family dispute lawyer about your options.

Going through a separation without legal advice is possible. But without proper guidance, you could unknowingly miss property settlement deadlines, enter into informal agreements that aren’t legally enforceable, or sign consent orders that aren’t in your best interests. 

Family law has strict time limits and procedural requirements, and what seems like a “simple” arrangement can become a significant problem years later. 

Even if your matter feels straightforward, an initial consultation with our family lawyers in Sydney can save you considerable time, money, and stress down the track.

Family law costs vary significantly depending on the complexity of your matter, how much negotiation is involved, and whether court proceedings become necessary. 

Straightforward, uncontested divorces and consent orders are generally far less expensive than contested property settlements or parenting disputes. 

At Watkins Tapsell, we believe you should know what you’re up for before you commit. That’s why we offer fixed-fee pricing for eligible matters so there are no surprises.

Generally, the party with the children is entitled to an additional proportion of the property because they have the added cost of providing for the children on a day to day basis. The amount of this extra allowance depends on a wide range of factors.

You may be able to keep living in the house until you reach agreement with your spouse on the sale of the property and division of the proceeds. Alternatively, you can keep living in the house if you reach agreement with your spouse and buy out his/her interest in the property.

Superannuation is like any other property. It will be divided between the parties as they agree or as the court thinks fit. The court has power to split superannuation of one party between both parties.

The court will usually regard the inheritance or gift received by one party during the relationship as property to which the other party has made no contribution, and accordingly the receiving party will usually receive credit for that contribution when determining how the property is divided.

You can ensure you have an accurate will, AND you can enter into an agreement with your new (second or subsequent) spouse commonly called a “pre-nuptial agreement”, AND you can take care how you hold the title of any assets to ensure they pass in the manner you wish, AND you can manage how your superannuation death benefit is to be paid.

It is an agreement signed by you and your spouse, either before or during your marriage, which sets out what is to happen to your property if you separate. It will be binding on all the parties if the formal requirements of the law are complied with.

In short, no. If you fail to disclose assets, then any agreement reached, or court orders made, can be unwound if the non-disclosure is discovered.

Parenting plans are written agreements between parents that outline care arrangements for children. They are not legally enforceable. Consent orders, on the other hand, are approved by the court and carry legal weight. If breached, there can be legal consequences. Many parents begin with a parenting plan, then apply for consent orders for certainty.

Once you’ve been separated for 12 months, you can apply for a divorce. After filing, the process generally takes around four months to finalise, assuming paperwork is completed correctly and there are no complications. If children are involved, a parenting plan or consent orders may also need to be in place.

Yes, it’s possible to remain in the home post-separation. In some cases, both parties continue living there until financial or parenting agreements are made. If an agreement can’t be reached, the court may determine occupancy as part of the property settlement process, prioritising stability and any children involved.

If you and your ex-partner cannot agree on how to divide your property, mediation is often the first step. If mediation fails, the Family Court can make legally binding orders based on factors such as each person’s contributions, future needs, and what is just and equitable under the law.

Yes, under Australian family law, grandparents and other significant carers have the right to apply for parenting orders. Courts will consider the nature of the relationship and the child’s best interests when deciding. While not guaranteed, these rights are recognised and supported when the involvement benefits the child.

You can protect your assets with a legally binding financial agreement (commonly known as a pre-nuptial agreement). This document outlines how assets will be divided if the relationship ends. To be valid, both parties must receive independent legal advice, and the agreement must meet formal legal requirements.