Expert Family Lawyers in NSW
Supporting You Through Life’s Challenges
At Allwright Bourke, we understand that family law matters are deeply personal and often emotionally charged. Whether you’re facing a divorce, parenting dispute, property settlement, or domestic violence matter, our experienced family law team provides compassionate, strategic legal guidance to help you navigate these challenges with confidence.
We provide tailored legal solutions for individuals and families across NSW, ensuring your rights and best interests are protected.
Divorce and Separation in NSW
At Allwright Bourke Lawyers & Conveyancing, we understand that ending a relationship or marriage can be overwhelming. The uncertainty of what comes next can feel daunting, but you don’t have to navigate it alone. Our experienced Solicitors provide clear, practical legal advice tailored to your unique circumstances.
As trusted family lawyers serving regional NSW, we are dedicated to making the legal process as smooth and stress-free as possible. Whether you need divorce application assistance, property settlement advice, child custody guidance, or mediation services, our team is here to help.
With a deep understanding of the Australian family law system, we provide strategic support to help you achieve the best possible outcome professionally, efficiently, and with care.
What is Divorce?
Divorce is the legal process of ending a marriage, and in Australia, it follows a no-fault system. This means you don’t need to prove wrongdoing, only that the marriage has irretrievably broken down, which is established by 12 months of separation.
However, a Divorce Order does not resolve property settlements, financial arrangements, or parenting matters. These require separate legal steps to ensure a fair and enforceable outcome.
Our experienced family law team can guide you through the process, protecting your interests and hekping you move forward with confidence.
Applying for Divorce
Starting the divorce process can feel overwhelming, but we are here to make it as smooth and stress-free as possible.
✅ Determine if you meet the legal requirements – You must have been separated for at least 12 months and meet residency criteria.
✅ Decide if you need a sole or joint application – One or both parties can apply for divorce.
✅ Prepare and lodge the divorce application – Our lawyers can help ensure all paperwork is correctly completed.
✅ Attend the court hearing (if required) – In some cases, especially when children are involved, a hearing may be necessary.
✅ Receive your Divorce Order – Once granted, your divorce is finalised one month and one day after approval.
Allwright Bourke offers a full range of services to help you through separation and divorce:
FILING FOR DIVORCE IN AUSTRALIA
Assistance with preparing and lodging divorce applications, ensuring compliance with legal requirements.
PROPERTY & FINANCIAL SETTLEMENTS
Negotiating and formalising agreements on asset division, superannuation, and financial arrangements.
SPOUSAL MAINTENANCE & FINANCIAL SUPPORT
Advising on eligibility and obligations for ongoing financial support after separation.
MEDIATION & ALTERNATIVE DISPUTE RESOLUTION
Helping you reach amicable agreements without the need for lengthy court proceedings.
PARENTING & CHILD CUSTODY ARRANGEMENTS
Assisting with parenting plans, custody agreements, and child support.
Ensuring a Fair & Legally Secure Property Settlement
Separation is not just an emotional transition. It also requires untying financial ties and securing your future. We understand that navigating property and financial settlements can be overwhelming, especially when significant assets, businesses, or complex financial structures are involved. Our experienced family law team works closely with clients across regional NSW to ensure a smooth, fair, and legally binding resolution.
We handle a wide range of property settlement matters, from straightforward asset division to more complex cases involving businesses, trusts, and third parties. If you are unsure about your ex-partner’s financial situation, we can assist in obtaining key financial documents, ensuring you have full transparency when negotiating your entitlements. Property settlements can involve legal and tax considerations, which is why it is essential to have a family lawyer who understands not only the legal framework but also effective negotiation strategies to achieve the best outcome for you.
Understanding Property Settlements
A property settlement is the formal process of dividing assets and debts between separating partners. The goal is to allow both parties to move forward with financial independence. This process may involve selling assets and splitting the proceeds, transferring ownership of property or investments, and ensuring financial resources like superannuation are fairly distributed.
Assets that may be included in a property settlement range from real estate, businesses, and investments to vehicles, personal valuables, and even debts. However, property division is not always a simple 50/50 split. Many factors influence the outcome, such as financial and non-financial contributions, the duration of the relationship, and the future financial needs of each party. That’s why it’s important to seek early legal advice to ensure you receive a fair outcome.
How Property Settlements are Decided
Determining how assets are divided depends on more than just who owns what. The Family Law Act considers factors such as:
• The financial contributions each party made during the relationship, including income and investments.
• Non-financial contributions, such as homemaking and child-rearing.
• The future needs of each party, including age, health, income-earning capacity, and caregiving responsibilities.
Once an agreement is reached, it’s crucial to formalise it through legally binding documentation. This prevents future disputes and ensures that both parties are protected moving forward. Proper documentation can also provide benefits such as stamp duty exemptions when transferring property.
Unlike some legal matters, property settlements have strict time limits. Married couples must finalise their property settlement within 12 months of divorce, while de facto couples have two years from the date of separation to apply for property orders. Defining the exact date of separation can sometimes be complex, especially if both parties continue living under the same roof for a period after ending the relationship. Seeking legal advice early can help avoid unnecessary disputes and ensure deadlines are met.
Resolving Disputes and Court Proceedings
Many property settlements are resolved through negotiation or mediation, allowing couples to reach an agreement without going to court. However, when disputes arise and a resolution cannot be reached, court proceedings may be necessary. We prioritise efficient, cost-effective solutions to avoid drawn-out litigation, but when court action is required, we have extensive experience representing clients in financial disputes.
Dividing assets after separation requires careful consideration, expert negotiation, and legal protection to ensure a just outcome. Our team at Allwright Bourke is dedicated to helping you navigate this process with confidence, clarity, and financial security. If you’re facing separation and need guidance on property and financial settlements, contact us today to discuss your options and take the next steps toward financial independence.
Parenting Arrangements & Child Custody in Australia – Putting Your Child First
When children are involved — it is always about what is in their best interest. It is rarely about what is best for you or the other parent.
Separation is never easy, but when children are involved, their well-being must always come first. At Allwright Bourke, we believe that every child deserves stability, security, and the opportunity to maintain strong, healthy relationships with both parents. Our approach is child-focused, ensuring that all parenting arrangements prioritise their needs, development, and happiness above all else.
When parents separate, it is crucial to establish a clear and structured parenting arrangement that supports the child’s stability and emotional health. Parenting arrangements determine how a child will divide time between parents as well as responsibilities for their upbringing. Each family’s situation is different, and agreements should be tailored to reflect the child’s needs, their routine, and their relationship with each parent.
Parenting arrangements can be informal agreements between parents or formalised through a Parenting Plan or Parenting Orders issued by the Court. A well-structured arrangement should cover everyday care, special occasions, school holidays, travel arrangements, and communication expectations. Having a documented agreement can help reduce conflict and ensure consistency for your child.
While many families can agree on parenting arrangements without legal intervention, some situations require formalisation through Court Orders. If an agreement cannot be reached, the Court will decide based on what is in the child’s best interest.
Understanding Child Custody
In Australia, the legal system no longer uses the term child custody. Instead, parenting arrangements focus on whether a child will live with one parent or spend time with both parents. The goal is to maintain meaningful relationships with both parents, provided there are no safety concerns. We work with parents to develop practical solutions that serve the child’s best interests while minimising stress and conflict.
When determining living arrangements, the Court considers several factors, including:
Parental Responsibility & Decision-Making
Parental responsibility refers to the rights and duties parents have in making long-term decisions about their child’s life. This includes choices regarding education, healthcare, religion, and living arrangements. Unless otherwise ordered by the Court, both parents share parental responsibility, meaning they must consult one another on major decisions.
If a formal agreement is needed, the Court can grant either:
- Equal Shared Parental Responsibility (ESPR): Both parents must make major decisions together.
- Sole Parental Responsibility: One parent has the authority to make significant decisions independently.
- Split Decision-Making: One parent may have sole authority over specific matters, such as medical treatment, while other decisions remain shared.
A child’s best inteests remain the primary consideration in all parental responsibility matters.
Dispute Resolution & Mediation
Before filing for Parenting Orders, parents must attempt family dispute resolution (mediation), unless exemptions apply (e.g., family violence concerns). Mediation offers a less stressful and more cost-effective way to resolve disputes, helping parents develop cooperative co-parenting arrangements.
We encourage amicable resolutions wherever possible, ensuring minimal disruption to your child’s life while securing fair and workable outcomes for both parents.
Navigating parenting arrangements can be complex, but you don’t have to go through it alone. We are committed to protecting your child’s best interests while providing practical legal solutions. Whether you need advice on informal agreements, mediation, or legal representation in Court, our experienced family law team is here to support you.
Concerned About Affording Legal Help?
We’re Here to Support You with Just Fund
JUST FUND: FUNDING YOUR FAMILY LAW MATTERS
At Allwright Bourke Lawyers & Conveyancing, we understand the financial challenges of family law matters. That’s why we are JustFund accredited, offering flexible funding solutions to help you access legal representation without the financial strain.
JustFund provides a line of credit for family law fees, which can be repaid from your settlement. This allows you to focus on resolving your matter while we handle the legal details. It’s a secure, simple way to ensure that cost doesn’t get in the way of the support you need.
WHY JUST FUND?
JustFund offers a flexible funding solution specifically designed for family law matters. As an accredited partner, Allwright Bourke Lawyers & Conveyancing can help you access a line of credit for your legal fees, which is repaid once your case is resolved. The process is simple, fast, and does not require traditional income or credit score checks. Instead, JustFund evaluates your case’s potential value, giving you the financial flexibility to receive the legal representation you need, when you need it.
HOW IT WORKS
To ensure we can assist you efficiently, we ask that you complete our secure online intake form. This questionnaire helps us gather essential details about your situation before our initial consultation, allowing us to focus on providing practical advice and strategies tailored to your specific needs.
Before we meet with you, we must complete our mandatory conflict checks to ensure we are able to represent you. We cannot represent both parties in a family law matter, so this is a necessary step to confirm we are not already in contact with or representing your former partner.
Until our checks are completed, no lawyers or other personnel at our firm will have access to any other information you provide in the questionnaire. Once these checks are complete and we confirm we can represent you, we will receive the remainder of your information and will contact you to schedule your first consultation.
If, for any reason, we are unable to represent you, Navio can refer you to another family lawyer from its network of trusted professionals across Australia.
FREQUENTLY ASKED QUESTIONS
Divorce is the legal end of the marriage, granted by the Federal Circuit and Family Court of Australia.
After separation, it's important to take practical and legal steps. Gather financial documents, secure living arrangements, and consider interim parenting agreements. Seeking legal advice early can help protect your rights and ensure the best interests of your children are prioritised.
Property settlements follow a four-step process: identifying assets and liabilities, assessing contributions (financial and non-financial), evaluating future needs, and ensuring a just and equitable outcome. Property division is not always a 50/50 split—it depends on individual circumstances.
In Australia, we refer to "parenting arrangements" rather than "child custody." The law prioritizes the best interests of the child, aiming for meaningful relationships with both parents unless safety concerns exist. Parenting arrangements can be agreed upon informally, documented in a Parenting Plan, or formalized through Consent Orders in court.
Parental responsibility refers to the legal duty to make major decisions about a child's upbringing, including education, healthcare, religion, and living arrangements. In most cases, parents share equal parental responsibility, meaning they must consult each other on significant decisions unless a court orders otherwise.
No. Parents are encouraged to reach agreements through negotiation or family dispute resolution (mediation) before applying to the court. If an agreement isn’t possible, the court may determine parenting orders based on the child's best interests.
Child support is determined by Services Australia using a formula that considers parents' incomes, the amount of care each parent provides, and the child's needs. Parents can also enter into private child support agreements if they prefer a tailored arrangement.
Relocation, even within Australia, usually requires the other parent's consent or court approval. The court considers how the move will impact the child's relationship with both parents and whether it is in the child's best interests. If an agreement cannot be reached, legal advice is essential.
Spousal maintenance is financial support that one partner may be required to pay the other after separation if they cannot support themselves. The court considers factors like income, financial needs, and the ability of the other party to pay.
If a parent is not complying with parenting or financial court orders, you can seek legal enforcement through the Federal Circuit and Family Court of Australia. Penalties for non-compliance range from fines to changes in parenting arrangements.
If you or your child are in immediate danger, call 000. There are legal protections available, such as Apprehended Domestic Violence Orders (ADVOs), and the court prioritizes child safety in family law matters. Seeking legal advice and support services early is crucial.
STILL HAVE QUESTIONS?
If you have more questions about family law, parenting arrangements, divorce, or property settlements, check out our latest blogs for expert insights and guidance.
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Ready to Take the Next Step?
Family law matters can be complex, but you don’t have to navigate them alone. Our experienced team at Allwright Bourke Lawyers & Conveyancing is here to provide clear, compassionate guidance tailored to your situation.
Book a consultation today and let’s discuss the best way forward for you and your family.