Separation and divorce
Family law
Separation brings several legal problems at once, on different timetables, and the order you deal with them in matters. We act in parenting, property, divorce and family violence matters throughout New South Wales, and we tell you plainly what needs attention first.
Alicia Catron 0407 171 626 or Michelle Simmons 0407 534 594. We appear in the Federal Circuit and Family Court at Parramatta and in Local Courts across Sydney and the surrounding regions.
How we can help
Parenting arrangements
Where the children live, how they spend time with each parent, and who makes the major decisions. Parenting plans, consent orders and contested applications. There is no presumption of equal time, and the framework changed in 2024.
Property and financial settlements
Dividing assets, debts and superannuation, spousal maintenance, consent orders and binding financial agreements. The law on how property is divided changed in June 2025.
Divorce
Ending the marriage. Straightforward in most cases, and separate from the property and the children, though the timing of it affects your rights.
Family violence and abuse
Protection, safety, and how AVOs and family law proceedings interact. Coercive control is now a criminal offence in New South Wales, and family violence now affects property settlements.
We also act in AVO matters and in criminal proceedings arising from a separation, which many family law firms do not. Where a matter runs in both the Local Court and the family courts, it is handled by the same office rather than by two firms who do not speak to each other. More on AVOs.
Where to start
Most people arrive with one pressing problem and several they have not thought about yet. Find the closest match.
| Your situation | What usually needs attention first |
|---|---|
| We have just separated and nothing is decided | Interim arrangements for the children, then securing your financial position. Divorce is the least urgent thing on the list |
| We agree on everything and want it documented | Consent orders. Quick, comparatively inexpensive, and neither of you attends court |
| I am not safe, or the children are not safe | Safety first, then protection orders. Family law steps follow, and the usual mediation requirement does not apply |
| The children are being withheld from me | Act promptly. Arrangements that continue unchallenged start to look like the status quo |
| We separated years ago and never divided the property | Check the time limit immediately. Twelve months from divorce, or two years from a de facto separation |
| I have been served with court documents | Get advice before the return date. Doing nothing is the worst available option |
| They are selling or moving assets | Urgent. Assets can be restrained by the court and a caveat can protect real property |
Two time limits worth knowing now. If you are divorced, you have twelve months from the date the divorce order took effect to apply for a property settlement or spousal maintenance. If you were in a de facto relationship, you have two years from separation. After that you need the court’s permission, which is not granted as a matter of course. The most common way people lose their entitlement is not a fight, it is simply letting the time run while nobody argues about it.
How we work
- You deal with a principal. Two principal solicitors, both admitted to the Supreme Court of NSW. Your matter is not passed down to a different person each time you call.
- We push for agreement where it is safe to. Negotiated and mediated outcomes are cheaper, faster and less damaging, particularly where there are children who will keep both of you in their lives for decades. Where agreement is not safe or not possible, we act decisively instead.
- Straight advice about your prospects. We will tell you what a realistic range of outcomes looks like, including when that is not what you were hoping to hear. Nobody is served by being told what they want at the first appointment and the truth at the third.
- Costs discussed up front. You will know what things cost before we start, and consent orders and divorce applications can be quoted as fixed fees.
- The whole file in one office. Family law, AVOs and criminal matters, and the conveyancing when the house is sold or transferred, and the new will afterwards.
Practical advice for the early weeks
- Get advice before you agree to anything. Informal arrangements settle into a status quo, and consenting to an order without understanding its effect on another proceeding is the most common serious mistake in these matters.
- Do not move out, or move away with the children, without advice. Neither is fatal, but both change your position and both are far easier to plan than to undo.
- Secure your financial information now. Copies of tax returns, payslips, bank and loan statements, superannuation statements and property documents. Access to shared accounts and records is often lost within weeks of a separation.
- Keep a dated record. Changeovers, cancellations, communications and anything concerning. Factual, not editorial, because a judge may read it.
- Keep the communication written where things are strained. A single written channel protects both of you and produces a clear record.
- Do not use the children as messengers, and do not discuss the case with them or in front of them. It is noticed, and it counts against the parent doing it.
- Comply with every order, exactly. Including where you believe the other party is not. Breaching is a separate problem that will overshadow whatever grievance prompted it.
- Deal with your will and your power of attorney. Separation alone changes neither, so a separated spouse can still inherit and can still hold your enduring power of attorney. More on wills.
- Look after yourself. These matters run for months and decisions made while exhausted are rarely good ones. Support services are listed below.
Support services
Not an exhaustive list, and none of these is a substitute for legal advice, but all of them are useful alongside it.
In an emergency, call 000. For family violence support at any hour: the NSW Domestic Violence Line on 1800 656 463, or 1800RESPECT on 1800 737 732. For men seeking help to change their behaviour, the Men’s Referral Service is on 1300 766 491.
Crisis support
- Lifeline 13 11 14
- Beyond Blue 1300 22 4636
- Kids Helpline 1800 551 800
- 13YARN 13 92 76
Family and legal support
- Family Relationship Advice Line 1800 050 321
- Family Advocacy and Support Service, at the family law courts
- Legal Aid NSW
- Federal Circuit and Family Court of Australia
- Raising Children Network, for age-based parenting information
Common questions
What should I do first?
Get advice, before you agree to arrangements, move out, or sign anything. The first few weeks set a pattern that becomes harder to change, and most of the damage we are later asked to repair was done by a decision made without advice rather than by anything a court did.
Do we have to go to court?
Usually not. Most family law matters resolve by agreement, and consent orders make an agreement binding without either of you attending. Court is for matters that cannot be resolved otherwise, or where safety requires it.
Do I need to be divorced to sort out the children or the property?
No, and you should not wait. Both can be dealt with at any point after separation, and property is often better resolved before you divorce, because the divorce order starts a twelve month clock on your right to apply.
What does it cost?
It depends entirely on whether you agree. Consent orders and divorce applications are modest and can be quoted as fixed fees. Negotiated settlements cost more, and litigation more again, which is why we push for agreement wherever it is safe and sensible. You will have an estimate before we start.
Can you act if there is also an AVO or a criminal charge?
Yes, and it is one of the reasons to come to us. Those matters run in a different court on a different timetable, and what happens in one is used in the other. Having both handled in the same office avoids the gap that opens up when two firms are involved.
Do you act for both women and men?
Yes, and for grandparents and other people concerned with a child’s care. We act for people seeking protection and for people responding to allegations. We cannot act for both sides of the same matter.
Talk it through before you decide anything
The first conversation is about working out what is urgent, what can wait, and what a realistic outcome looks like. Most people leave that appointment with considerably less to worry about than they arrived with.
Alicia Catron 0407 171 626 or Michelle Simmons 0407 534 594. Suite 3.13, 33 Lexington Drive, Bella Vista NSW 2153. Monday to Friday 9am to 5pm, and contactable outside those hours. In an emergency call 000.