FAMILY LAWYERS SHELLHARBOUR

If you’re facing a relationship breakdown or family-related issue and feel uncertain about your next steps, it’s often worth speaking to a lawyer. A qualified professional can explain your rights, outline your options, and help you make informed choices. You may benefit from legal support if you’re dealing with matters such as:

• Separation
• De facto relationships
• Divorce
• Same-sex relationships
• Property settlements
• Child support
• Parenting and custody matters
• Superannuation splitting
• Family violence

It’s important to remember that family violence includes more than physical acts. Verbal abuse, financial control, intimidation, and property damage may also fall within this category.

The Family Law Act 1975 is a national law that applies across all Australian states and territories, including New South Wales. It provides the legal framework for resolving issues such as divorce, property division, child custody, and spousal support. The Act places strong emphasis on out-of-court resolution, including mediation, and focuses on achieving outcomes that prioritise children’s needs.

Children’s safety and wellbeing are central to the Family Law Act. The law requires that all decisions involving children be made with their best interests as the highest priority. This includes supporting healthy connections with both parents where appropriate, shielding children from abuse or neglect, and promoting shared parental responsibility where it is safe to do so. The Act discourages exposing children to conflict, fear, or any form of harm.

The typical timeframe for finalising a divorce in Australia is around four months from the date the application is submitted. However, this can vary depending on court scheduling, the complexity of your circumstances, and whether the application is made jointly or by one party. Additional delays may occur if there are issues around service or disputes that require resolution.

While separation marks the end of a couple living together as partners, divorce is the legal dissolution of the marriage.

• Legal Separation: Couples live apart without formally ending their marriage. It can include parenting arrangements, property division, and spousal support.
• Divorce: This legally terminates the marriage. Once finalised, both parties are free to remarry.

Both pathways have emotional and legal implications. Whether you are in the early stages of separation or ready to proceed with divorce, professional support can help you manage each step.

Yes, existing parenting orders can be reviewed if there has been a material change in circumstances. Common reasons for seeking an update include a shift in a child’s needs, a parent's move to a new location, or concerns around safety and wellbeing. Any proposed changes must be in the best interests of the child and will be assessed on that basis by the Family Court.