Family law · Inner West & Sydney
Separation, property and parenting arrangements are hard enough without legal uncertainty. We explain your options in plain terms, from agreements and mediation to court, and help you decide on the next step.
4.9★
As at October 2026
30+
years in legal service
Supplied by CM Lawyers
Google rating as at October 2026. Years in legal service supplied by CM Lawyers.
When to talk to us
You might contact us at one of these points. You don’t need to have everything worked out before you get in touch.
You want to understand where you stand on the home, money and the children before you agree to anything.
You have been separated for at least 12 months and want help with the application or with what comes next.
You and your former partner, married or de facto, need to work out who keeps what, including superannuation, and make it final.
You want to settle where the children live and the time they spend with each parent, with their safety and wellbeing at the centre.
You are moving in together, getting married or already married and want a financial agreement about what happens if the relationship ends.
You need advice promptly about what it means, any deadlines and how to respond.
If you are worried about your safety
If you or your children are in immediate danger, call 000.
For free, confidential support 24 hours a day, 7 days a week, contact 1800RESPECT: call 1800 737 732, text 0458 737 732, or use online chat at 1800respect.org.au.
When you contact us, tell us the safest way and time to reach you.
Our family law services
Each page below explains one area in more detail. Many situations involve more than one of them, and we can deal with them together.
Applying for divorce and what needs to be sorted out after separation.
Dividing property, debts and superannuation, and making the agreement final.
Where children live, the time they spend with each parent and major decisions about them.
Agreements made before, during or after a marriage or de facto relationship.
Property and parenting matters when a de facto relationship ends.
Working towards an agreement about property without going to court.
Working towards an agreement about the children with the help of a neutral third person.
When a property dispute cannot be resolved by agreement.
When arrangements for the children cannot be agreed, or it is not safe to try.
Family law in plain English
Family law in Australia is mainly set by a federal law, the Family Law Act 1975. It covers divorce, arrangements for children, and dividing property and finances when a marriage or de facto relationship ends.
The law encourages separated couples to reach their own agreement where it is safe to do so. In most cases you are expected to try to resolve a dispute, for example through negotiation or family dispute resolution, before applying to the Court.
Family law applications in NSW, including applications for divorce, parenting orders and property orders, are generally filed with the Federal Circuit and Family Court of Australia. The Court began on 1 September 2021, bringing together the former Family Court of Australia and Federal Circuit Court of Australia.
Separated de facto couples in NSW, including same-sex couples, can generally have property and financial matters dealt with in the same way as married couples. For the Court to make property orders, at least one of these must apply: the relationship lasted at least two years in total, there is a child of the relationship, the relationship was registered under a state or territory law, or the person applying made substantial contributions and it would be seriously unjust to them if no order were made.
Arrangements for children are dealt with in the same way whether the parents were married or in a de facto relationship.
Once a property time limit has passed, you can apply only with the Court’s permission or if you both agree, and the Court does not always give permission. If a time limit is close, please call us on (02) 9557 9000.
Children
Parenting arrangements (sometimes still called “custody”) cover where children live, the time they spend with each parent and other important people, and how major long-term decisions are made, such as decisions about their education, health, and religious and cultural upbringing.
The law changed on 6 May 2024. The Family Law Act no longer presumes that parents should have “equal shared parental responsibility”, and there has never been a requirement for children to spend equal time with each parent.
When the Court makes parenting orders, the child’s best interests are the paramount consideration. The Court must consider:
For Aboriginal and Torres Strait Islander children, the Court must also consider the child’s right to enjoy their culture.
Parents, grandparents and other people concerned with a child’s care, welfare or development can apply for parenting orders. Before applying, you will usually need to try family dispute resolution and file a certificate from the family dispute resolution practitioner. The Court can grant an exemption in some situations, for example where there are reasonable grounds to believe there has been family violence or child abuse, or a risk of it, or where the matter is urgent.
Read more about parenting arrangements and how we can help.
Property and money
A property settlement deals with what you and your former partner own and owe, including the home, savings, superannuation, vehicles, any business, and debts.
There is no fixed formula. In broad terms, the Court identifies the property and debts, looks at each person’s financial and non-financial contributions (including as a homemaker or parent), and considers each person’s current and future circumstances, such as age, health, earning capacity and care of children. Since 10 June 2025, the law also expressly requires the Court to consider the economic effect of any family violence on a person’s contributions and circumstances. The Court only makes an order if it is just and equitable.
Before applying to the Court about property, you are generally expected to take genuine steps to resolve the dispute, such as dispute resolution and exchanging financial documents, unless an exemption applies (for example, family violence or urgency).
Read more about property settlement and how we can help.
How it works
Every matter is different, but most follow a similar path. Going to court is usually the last step, not the first.
Call us or send an enquiry. We check that we are able to act for you and arrange a first meeting.
We listen to what has happened, explain your options and the likely steps, and talk about safety, time limits and costs. Before work begins, you receive a written estimate of costs.
We help you collect the documents that are needed, including financial records, and exchange information with the other side where required.
We negotiate on your behalf and, where it is safe and suitable, support you through mediation or family dispute resolution.
For property, we prepare consent orders or a binding financial agreement. For the children, we prepare a parenting plan or, if you want arrangements that can be enforced, consent orders.
If agreement is not possible, or the matter is urgent or unsafe, we help you apply to the Federal Circuit and Family Court of Australia and guide you through each stage.
Divorce is a separate application. It ends the marriage but does not decide property or parenting arrangements.
Before your first meeting
Bring what you can easily get. It is fine if you don’t have everything yet; we can work out together what else is needed.
In a property matter, each person has a duty to give full and frank disclosure of their financial information, so it helps to start gathering these records early.
Costs
The cost depends mainly on what needs to be resolved, how complex the finances are, and whether you and your former partner can reach agreement. A matter settled by agreement usually costs less than one that goes to court.
At your first meeting we explain how our costs are worked out. Before work begins, we give you a written estimate of costs, and we tell you if that estimate changes.
Other costs can include Court filing fees, which are set by federal regulations and published on the Court’s fees page, and fees for services such as mediation or valuations.
In family law, each person usually pays their own legal costs. The Court can order one person to pay some or all of the other’s costs, but only in some circumstances.
Who will help you
Family law matters at CM Lawyers are looked after by Christine Manolakos, who works from our Marrickville office.
Solicitor
Christine advises on separation and divorce, property settlement, parenting arrangements and binding financial agreements, as well as wills and estates. She will explain your options in plain terms and keep you informed as your matter progresses.
Questions
Not necessarily. Many separated couples reach agreement through negotiation, mediation or family dispute resolution. They then record it in consent orders or a binding financial agreement for property, and in a parenting plan or consent orders for the children. Court is there when agreement is not possible or not safe.
You must have been separated for at least 12 months. You can be separated while still living under the same roof, but you will need to give the Court extra evidence about that in an affidavit. A divorce ends the marriage; it does not decide property or parenting arrangements.
No. You can reach a property settlement, or apply to the Court for property orders, before you are divorced. Once a divorce order takes effect, you have 12 months to apply to the Court for property orders without needing its permission.
No. There is no automatic 50/50 rule. The outcome depends on the property and debts, each person’s contributions, and their current and future circumstances. We can advise you once we understand the details of your situation.
A parenting plan is a written agreement between the parents that is signed, dated and made freely, without threats or coercion. It is not enforceable in the way a court order is. Consent orders are made by the Court on terms both parents agree to, if the Court is satisfied they are in the child’s best interests, and they can be enforced.
Related pages
Divorce can have consequences for your will, so separation is a good time to review it.
Make an enquiry
Tell us briefly what is happening and how we can help. A short outline is enough; please don’t include confidential details yet. We check that we can act for you before we discuss your matter.
If, for your safety, we should contact you only in a certain way or at a certain time, please say so in your message.
If your matter is urgent, please call us.
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Level 3, Unit 3.07
18–30 Faversham Street
Marrickville NSW 2204
You can drive up to Level 3, and two hours’ free parking is available at Wick’s Place.
General information only
This page gives general information about family law in NSW as at October 2026. It is not legal advice. The law and Court procedures change, and every situation is different, so please get advice about your own circumstances.
Disclaimer: This website provides general information only. Nothing on this site should be taken to comprise legal advice or used as a substitute for detailed and competent legal advice. While the information contained in this website is believed to be accurate and current, it is provided by CMLawyers in good faith on an “as is” basis. CMLawyers, its directors, officers or employees make no representation or warranty as to the reliability, accuracy or completeness of the information contained on this website, and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained in this website.
