Frequently Asked Questions About Family Law In Sydney

Family law in Sydney is a wide area that involves a number of very complex issues, so it’s understandable that you may have some questions.


Divorce is a common reason for people to search for practitioners of family law in Sydney, here are some of the common questions that people ask.

Do I need a lawyer to get a divorce?

It is possible to make an application for divorce without the help of a practitioner of family law in Sydney but many people do prefer to work with a lawyer as this can help to make the process quicker and simpler.

How long does a divorce take?

Qualifying for a divorce in Australia requires separated partners to have lived apart for at least twelve months. Other requirements may exist for married couples looking to get divorced, especially if they were newly married.

Do I have to go to court?

The court is involved in every divorce in Australia, but not everyone will be required to attend a court hearing. If you’re getting a divorce and neither of your children are under the age of eighteen then you won’t be required to attend court. You also won’t need to attend court if you are making a joint application for divorce even if you have children under the age of eighteen. Sole applicants with children under the age of eighteen will need to attend a court hearing – the other spouse involved will only have to go to court however if they lodge a response to the divorce and want to oppose the application. Divorce hearings are not intended to be used for child custody or property settlement matters.

Parenting matters

Parenting matters are also a common issue under the family law in Sydney. Here are some common queries:

Do I have to pay child support if I can’t see my kids?

Even if you don’t see your children you will still have an obligation to financially support them.

Who can seek a parenting order?

Parenting orders are order relating to the care arrangements of kids, usually made by the court. Parenting order usually pertains to the child’s parent but they can also relate to any interested parties involved with the child’s care, development and welfare.

Property matters

Property matters are also often dealt with by lawyers. Here are some of the questions that people ask.

How will property be split?

There is no single way that property is split during settlement proceedings. The way that property is split up is usually determined on a case-by-case basis by the courts and won’t necessarily be a 50/50 split.

Do I have to go to court for property settlement matters?

Property settlement agreements that are drawn up into a binding financial agreement will not require an appearance in Court. If an agreement can’t be reached between parties then the application will have to be taken to Court.

De Facto

What should be done in the case of de facto relationships under family law in Sydney? Here are answers to some of the questions that people often ask.

What is a de facto relationship?

Under the family law in Sydney a de facto relationship requires both people to live together domestically.


Will proceedings be public?

Generally proceedings under the family law in Sydney will be public and the outcomes of proceeding will be published online but with an identifying details take out. Sometimes the court will keep proceedings private.

Are there juries involved?

Proceedings in NSW are only heard by a judge, there are no juries used in proceedings for family law in Sydney.