Family Law

Family Law

Family Law

Family and divorce matter can be a tough ordeal for anyone. We feel these cases require compassion and care. We like to take care of the legal side of things, giving you more time to spend with family and friends. Our personal and practical service is tailored made for you.

Our family law services include advising and representing you in relation to:

Divorce and Separation

If you have separated, or are thinking of separating, our experienced family lawyers can advise you about your rights and entitlements in family law. We give you practical advice in a way that gives you a real understanding, and how to work towards the best solution.

In Australia, only married couples can apply to the Court for a divorce as there is no formal process for de facto partners. It’s processed by the Federal Circuit Court of Australia.


To grant a divorce, the Court confirms the following with the parties

These applications can be made jointly, or by one person as the applicant and the other as the respondent.

Divorce application criteria for NSW, Australia

Parenting and Children

When parents are thinking about separating, the most difficult and important decisions will relate to their children. Following separation, unless the Court orders otherwise, both parents are responsible for the care of their child until a child reaches adulthood. Parents are encouraged to reach an agreement between themselves as to the arrangements for the care of their children by entering into a parenting agreement or parenting plan. Such agreements can be organised between the parents through Family Dispute Resolution Services or through the parents’ Solicitors. If you agree on parenting arrangements, you can also apply to the Court for Consent Orders which can formalise the parenting plan into parenting orders. However, if you are unable to agree on certain arrangements relating to your children, a parent can file an application to the Family Court to make parenting orders. These are formal orders made in a Court relating to parenting arrangements for a child.
Don’t let your hard earned assets wash away just for saving costs.

Parenting agreements and parenting orders can define the parents’ responsibilities surrounding:

  • Parental responsibility, care and decision making.
  • Any other aspect of the care, welfare or development of the child.

When the Court makes orders concerning children it must always consider the ‘best interests of the child’ pursuant to section 60CA of the Family Law Act 1975. In doing so, the Court is to presume, as a starting point, that it is in the best interests of a child for the parents to have equal shared parental responsibility.
If you need guidance or advice in putting together a parenting agreement with your partner or if you want more information on applying to the Court for parenting orders, get in touch with Nadeem Lawyers in NSW. We have extensive experience in all aspects of family law and can help guide you through this process to make it simple and help minimise your stress!

Things to know before you make an application for parenting orders

If you wish to make an application for parenting orders, we highly recommended that you obtain legal advice. People are often unaware of their rights and responsibilities when it comes to their child and custody, and a lawyer is essential to help you understand these rights and to guide you through the process. They are able to explain the law and apply it to your case, so you know what to expect and are not met with surprises. Parenting agreements & parenting plans

Financial Agreements

A financial agreement outlines the parties’ agreement about their financial arrangements. Financial Agreements are intended to avoid the need for the parties to go to court in relation to their property matters. Couples can enter into a financial agreement before marriage or the commencement of cohabitation, during their relationship or after separation or divorce.

The financial agreements cover the following:

Property and Financial Disputes

Another aspect of divorce is settling on matrimonial property and finance. If parties are on speaking terms, they can divide assets among themselves. If there is any disagreement, we recommend that you contact professional lawyers that can advise you on your options.  Parties are often asked to attend dispute resolution before they can go to Court. Thus we advise our clients to make an effort on resolving the dispute and escalate it to courts if necessary.

If you cannot find any other option, you can apply for a property and financial orders.

There are three categories:

  • Property – how is the household income, assets, financial resources, and liabilities divided
  • Maintenance –provide financial support to a spouse if needed
  • Child Support –provide financial support and assistance to children under the age of 18 if needed

If you are married, you can apply at any time before the divorce, or within 12 months following your divorce. If there are good reasons as to why you were unable to make an application within the 12 month period following the Divorce, the Court can extend the 12-month limit.

De-facto and same-sex couples must file their application within two years of their relationship ending. Again, if two years have elapsed, you must seek permission from the Court to apply and provide solid reasons as to why it was not filed within time.

If you believe you may be out of time, contact Nadeem Lawyers.

Family Law

Family and divorce matter can be a tough ordeal for anyone. We feel these cases require compassion and care. We like to take care of the legal side of things, giving you more time to spend with family and friends. Our personal and practical service is tailored made for you.