Family Law FAQ Sydney | Divorce, Child Custody & Property Settlement Questions Answered
Looking for answers about divorce, child custody, parenting disputes or property settlement in Sydney? Our family lawyers answer the most common legal questions.
Family Law FAQ – Expert Answers from Sydney Family Lawyers
If you are navigating separation, divorce or parenting arrangements, it is completely normal to feel overwhelmed. Many people search for answers before speaking with a family lawyer in Sydney, especially when dealing with emotionally and financially complex decisions.
At The Norton Law Group, our experienced Sydney family lawyers regularly advise clients on divorce, child custody, parenting disputes, property settlement and financial agreements.
Below are answers to the most common questions we receive.
Do I need a divorce lawyer in Sydney to get divorced?
In Australia, divorce is a relatively straightforward legal process, and you may not need a lawyer to file for divorce. However, many people choose to engage a divorce lawyer in Sydney to ensure the process is completed correctly and to obtain advice on related issues such as property settlement and parenting arrangements.
How long does divorce take in Australia?
A divorce typically takes several months from the date of filing to becoming final. You must be separated for at least 12 months before applying for divorce under Australian law.
Does divorce deal with property settlement and children?
No. Divorce is separate from property settlement and parenting disputes. These issues must be resolved either by agreement or through the Family Court.
What is child custody in Australia?
The term “child custody” is commonly used, but in Australian law it is referred to as parenting arrangements or parenting orders. A child custody lawyer in Sydney can advise you on how these arrangements are determined.
How does the court decide parenting arrangements?
The court’s primary consideration is the best interests of the child. This includes factors such as:
• the child’s relationship with each parent
• the need to protect the child from harm
• the capacity of each parent to provide care
Can a child choose which parent they live with?
The child’s views may be considered depending on their age and maturity, but the court ultimately makes the decision based on what is in the child’s best interests.
Can my ex move away with my child?
Relocation cases are complex. If one parent wants to move interstate or overseas, they may need the other parent’s consent or a court order. A family lawyer in Sydney can advise you on your options.
Do I have to go to court for parenting disputes?
Not always. Most parenting disputes are resolved through mediation or negotiation before reaching court. However, if an agreement cannot be reached, court proceedings may be necessary.
What are parenting orders?
Parenting orders are legally binding orders made by the court that set out arrangements for children, including where they live and how much time they spend with each parent.
What happens if parenting orders are breached?
If a parent breaches parenting orders, the court may impose penalties, including fines or changes to the parenting arrangements.