Family Law
Guiding you through divorce, separation,
parenting, property, child support,
guardianship, and complex family cases.
Family law matters can be some of the most challenging and emotional legal issues you'll ever face. Whether you're navigating the end of a relationship, making arrangements for your children, resolving financial matters, or dealing with an urgent family law issue, having experienced legal guidance can provide clarity and peace of mind.
At Transitional Legal, we understand that every family is different. We take the time to understand your circumstances, explain your legal options in straightforward language, and develop practical solutions that help protect your future. Wherever possible, we aim to resolve disputes through negotiation and agreement, while providing strong representation when court proceedings become necessary.
Our experienced family lawyers assist clients throughout Sydney and New South Wales across a wide range of family law matters, providing clear advice, compassionate support, and practical legal solutions at every stage of the process.
Divorce
The end of a marriage is never easy, but understanding your legal rights can help you move forward with confidence.
Australia has a no-fault divorce system, meaning the Court does not consider who was responsible for the breakdown of the marriage. To apply for a divorce, you must generally have been separated for at least 12 months and one day, and there must be no reasonable likelihood of reconciliation.
While obtaining a divorce legally ends your marriage, it does not automatically resolve issues relating to property, parenting arrangements or financial support. These matters are dealt with separately and often require careful legal advice.
Our family lawyers can assist with preparing and lodging divorce applications, advising on separation under one roof, responding to applications, and helping you understand how divorce may affect your financial and parenting arrangements.
Parenting Arrangements
When parents separate, one of the most important priorities is ensuring their children's wellbeing and providing them with stability during a period of change.
Australian family law focuses on the best interests of the child, and every family's circumstances are unique. We work closely with parents to develop practical parenting arrangements that promote healthy relationships while reducing conflict wherever possible.
Whether you're making arrangements for the first time or seeking to change existing arrangements, we can help you understand your rights and obligations while working towards outcomes that support both your children and your family.
Parenting Plans
A Parenting Plan is a written agreement between parents that outlines how they will care for their children after separation.
Although Parenting Plans are generally not legally enforceable, they can provide certainty and establish clear expectations without the need for Court proceedings.
A Parenting Plan may include arrangements relating to:
- Where the children live
- Time spent with each parent
- School holidays and special occasions
- Education and schooling
- Medical treatment
- Communication between parents
- Day-to-day parenting decisions
Our lawyers can help prepare Parenting Plans that are practical, child-focused and designed to minimise future disputes.
Parenting Orders
If parents cannot reach agreement, Parenting Orders may be required to establish legally binding arrangements.
Parenting Orders can be made by agreement through Consent Orders or determined by the Court where an agreement cannot be reached.
They may address matters such as:
- Parental responsibility
- Living arrangements
- Time spent with each parent
- Communication with children
- Relocation
- Interstate or overseas travel
- Education
- Medical decisions
Whether you're seeking Parenting Orders or responding to an application, we provide practical advice and experienced representation throughout the process.
Consent Orders
Many family law matters can be resolved without the need for a contested Court hearing.
If both parties have reached an agreement, Consent Orders allow those arrangements to become legally binding once approved by the Court.
Consent Orders can formalise agreements relating to:
- Parenting arrangements
- Property settlements
- Financial matters
Having your agreement formalised through Consent Orders provides certainty, enforceability and peace of mind while helping avoid future disputes.
Our team can prepare and lodge Consent Orders that accurately reflect your agreement and comply with the requirements of the Court.
Child Support
Following separation, both parents remain responsible for supporting their children's financial needs.
Child support arrangements can sometimes become complicated, particularly where parents have differing financial circumstances or where assessments no longer reflect a family's situation.
We provide advice on:
- Child support assessments
- Private child support agreements
- Changes to child support assessments
- Child support disputes
- Enforcement of unpaid child support
Our lawyers help parents understand their rights and obligations while working towards practical arrangements that support their children's ongoing wellbeing.
Spousal Maintenance
Following the breakdown of a relationship, one party may be required to provide financial support to the other where certain legal requirements are met.
Whether spousal maintenance applies depends on a number of factors, including each person's income, earning capacity, financial resources, health, age, caring responsibilities and future financial needs.
Our experienced family lawyers advise clients seeking spousal maintenance as well as those responding to claims, helping them understand their legal position and work towards fair and practical outcomes.
Binding Financial Agreements
A Binding Financial Agreement (BFA) allows couples to decide how their financial affairs will be managed if their relationship ends.
These agreements can be entered into:
- Before marriage or a de facto relationship
- During a relationship
- After separation
Binding Financial Agreements can provide greater financial certainty, protect assets, reduce future disputes and minimise the need for lengthy litigation.
Because these agreements must meet strict legal requirements to be valid, obtaining independent legal advice is essential. We can prepare, review and advise on Binding Financial Agreements that protect your interests and comply with Australian family law.
Urgent Family Law Applications
Some family law matters require immediate legal action.
Whether there are concerns about the safety of a child, the risk of a child being relocated, urgent financial issues or other circumstances requiring immediate Court intervention, obtaining prompt legal advice is critical.
We assist with urgent applications involving:
- Urgent parenting disputes
- Recovery of children
- Relocation matters
- Injunctions
- Urgent financial applications
- Emergency Court Orders
Our team understands the urgency of these matters and acts quickly to protect your rights and achieve the best possible outcome.
Why Choose Transitional Legal?
At Transitional Legal, we understand that family law isn't just about legal processes—it's about helping people navigate significant life changes with confidence and certainty.
We pride ourselves on providing practical, straightforward legal advice that is tailored to your individual circumstances. We take the time to understand your goals, explain your options clearly, and work towards solutions that protect your interests while minimising unnecessary conflict wherever possible.
Whether your matter can be resolved through negotiation or requires Court representation, our experienced team is committed to achieving practical outcomes while supporting you throughout the process.
Speak to an Experienced Family Lawyer
If you're dealing with separation, parenting arrangements, divorce, financial matters or another family law issue, we're here to help.
Contact Transitional Legal today to arrange a confidential consultation with one of our experienced family lawyers. We'll listen to your circumstances, explain your options, and provide practical legal advice tailored to your needs.
Phone: (07) 3505 3906
Email: [email protected]
Take the first step towards resolving your family law matter with confidence by speaking to our team today.
What is Family Dispute Resolution?
Family Dispute Resolution (FDR) is a compulsory process to attempt to resolve parenting matters prior to filing in Court. It is not compulsory for property matters but it can be a very effective tool for resolution for property matters.
In certain urgent circumstances, you may be able to file in Court directly for parenting and property matters without a valid section 60i certificate. You should seek legal advice from a Solicitor if you are unsure if your particular matter relates to an urgent circumstance.
If FDR for parenting is not fruitful and / or does not yield an outcome that the parties can be satisfied with, the Family Dispute Resolution Practitioner (FDRP) will issue what is known as a section 60i certificate. This certificate must be attached to an application should you wish to proceed to Court.
An FDRP can issue a certificate on the following basis:
a. That both parties attended and made a genuine effort to resolve the dispute;
b. That both parties attended however one party did not make a genuine attempt to resolve the dispute;
c. That mediation did not occur due to one parties inability or refusal to attend;
d. That mediation did not occur due to the mediator deeming mediation to be inappropriate.
The Benefits of Family Dispute Resolution?
If you are involved in a legal dispute, it is only natural to want to have your day in court. However, in family law proceedings, the court encourages and, in most cases, requires you and the other party to make a genuine effort to resolve your dispute before knocking on the court’s door for help.
The purpose of Family Dispute Resolution (‘FDR’) is to facilitate a conversation between you and the other party, identify the issues in dispute and assist you to have a productive conversation about how you can move forward with your lives after separation.
It is a process of self-determination, where you and the other party have the power to make decisions to determine what outcome is going to best fit your family and your individual circumstances, rather than leaving this for a judge to decide.
Family Dispute Resolution is strictly confidential, and any matters discussed at mediation cannot be raised if the matter proceeds to Court. The confidential nature of this process provides you and the other party with a unique opportunity to speak freely and openly about what you’re seeking. You are encouraged to negotiate, formulate proposals and work together to resolve your dispute respectfully and amicably, which for parents of young children, is essential should you wish to preserve your relationship as separated parents into the future.
If, at the conclusion of Family Dispute Resolution, you and the other party have reached an agreement, this agreement can be formalised into consent orders with the assistance of your legal representatives. Alternatively, if there are still issues that require agitation and ventilation in Court, you may request a s60I Certificate, which is provided to the Court to confirm that you (and/or the other party) have made a genuine effort to resolve your dispute before commencing proceedings.
What is a Family Dispute Resolution Practitioner?
A Family Dispute Resolution Practitioner (FDRP) is a Practitioner who is able to facilitate and mediate between parties. An FDRP will be listed on the Solicitor-General’s homepage as a person who has been vetted and is authorised to issue a section 60i certificate.
An FDRP is a neutral third party who is not known to either party and who will not be biased towards a party.
What is the difference between an FDRP and mediator?
FDRP is also referred to as ‘mediation’ however the practical reality is that only an FDRP is authorised to issue a section 60i certificate. Whilst some mediators are NMAS accredited, they are not an FRDP and cannot issue a section 60i certificate, although they may be able to conduct property matters. You should check to ensure that the FDRP you select is authorised to mediate parenting matters and can issue a section 60i certificate.
Why choose Transitional Legal?
Transitional Legal traditionally deals in high conflict disputes and regularly advocates for clients who face adverse and challenging difficulties in the resolution of their family law matter. We have extraordinary experience in understanding the complexities of individual situations and the plight of parties from everything to who simply wish to work out an agreement to spend time with children, to reaching a fair agreement in property settlement.
The practical reality of utilising Transitional Legal to assist in the resolution of your parenting and or property matters is that you will be getting an FDRP who is well aware of what each parties rights, roles, obligations and projected entitlements should be and who is able to assist both parties in understanding the various pathways available to them.
Methods of FDR
We can provide, in appropriate and depending on individual circumstances:
a. Conference (face to face) mediation, in a round-table party discussion.
b. Shuttle mediation, in separate rooms
c. Telephone and video-link mediation either by shuttle or conference delivery format.
Scope of FDR
Our FDR services are delivered by industry-leading knowledgeable practitioners in the field of family law and the scope of our FDR services include
a. Family Law and Property Settlement
b. Property Law
c. Wills and Estates
d. Child Support
Delivery of FDR
We can deliver FDR via several ways, depending on needs and circumstances:
a. Legal-assisted mediation, with your Solicitor, should you wish to engage legal representation.
b. Child-inclusive mediation, with a suitably qualified child consultant.
The Process
Should you wish to undertake Mediation with Transitional Legal, the process is as follows:
a. We will take your details.
b. We will contact the Other Party and invite them to mediation.
c. If the Other Party do not agree, or return contact, we may issue you with a section 60i certificate.
d. If the Other Party agrees, we will conduct an intake with you to determine suitability of Mediation.
e. We will then conduct an Intake Session with the Other Party to isolate, identify and narrow the issues for Mediation; and determine suitability of Mediation.
f. We will then set a full or half day date for Mediation, depending on your circumstances.
g. On the day of mediation, and prior to the mediation commencing, we will advise both Parties of their rights, the process, and the importance of confidentiality.
h. Sometimes, Parties will agree on some things, but not on others. What you agree on can be ratified in a number of ways:
a. An informal Parenting Plan or signed or unsigned Agreement (or Heads of Agreement)
b. Consent Orders, which carry the same weight as Court Orders (the agreement requires both parties to seek legal advice prior to signing).