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Family Law

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Overview

We provide assistance in Family Law in Jannali, Sydney.

Whether you’re navigating a pre-nuptial agreement, working through parenting arrangements, dealing with financial matters, or addressing property disputes, we’re here to guide you every step of the way.

Our experienced team is dedicated to providing clear, compassionate support tailored to your unique situation.

Find out how we can help you through what can often be a challenging time below. 

Understanding Family Law with Compassion and Clarity

We pride ourselves in helping our clients through the key milestones of life.

Needing a family lawyer likely isn’t something that you planned you would need in your life, however we are here to assist you through this period of transition.

If you’re facing a dispute or navigating a significant life decision, it’s natural to feel overwhelmed by the legal process and unsure of your options.

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At Harriss Jones Lawyers, we approach every client with compassion and professionalism. We also have extensive experience in deceased estates, conveyancing, property, finance, and elder law. Our goal is to provide clear, practical advice that reduces your stress and helps you make informed decisions. 

Whatever your circumstances, we’re here to support you every step of the way.

Family law is a broad area that touches many aspects of life—it’s not just about resolving disputes after a divorce. Whether you’re moving in with a partner, planning to get married, or considering separation, family law may play a role in your journey, often in ways you might not expect.

You might need a family lawyer to:

assist with mediation to resolve disputes between couples; or

manage divorce proceedings, including financial or parenting arrangements.

Please feel free to contact us for an initial free consultation.

FAQs

When can I get divorced?

Divorce can occur when you have been separated from your partner for more than 12 months. Once you have been separated from your partner for 12 months, you can apply for a divorce order. Once this has been granted, the divorce will take effect 1 month and 1 day after it is granted.

Can I demand 50/50 custody of my child?

It is important to understand that 50/50 custody is not always in the best interests of you or your child. You must consider important aspects such as where your child goes to school, whether your partner has retained the family home, and who is best placed to take your child to school or appointments etc. If you live far from where your child goes to school, 50/50 custody may not be practical.

Do I have to go to mediation? Why can’t I just go to court?

Mediation is not only important, but required by law before you can initiate any proceedings. The court will only allow parties to skip mediation in very limited circumstances. It is also important to understand that mediation is a useful tool and can help you avoid incurring further costs and the stress of ongoing litigation. While it can be difficult in heated separations, it is important to attend mediations with an open mind and engage as much as possible even if the other person does not.

I am a victim of violence from the other person. I am worried about my safety.

In situations where violence is a key factor of the dispute, the court is required to prioritise the safety of any children and the primary care person. This might mean you are not in the courtroom at the same as the other person, the court may provide an assistance dog, or orders may be made to ensure that when a child is going to the other person, that a third party is present during the custody changes.

Once my divorce is finalised, how long do I have to obtain financial or property orders?

Following your divorce becoming final (1 month and 1 day after the divorce order is granted) you must make any applications for financial or property adjustments within 12 months. If you were in a de facto relationship, you have 2 years to apply for property adjustments. If you wish to apply outside of these time limits, you must seek permission from the court to do so. 

What must I consider when seeking a family lawyer and engaging in proceedings?

You should consider what your goal is and how you will best come to agreement with the other person. You will have a lot of different emotions when you are separating and you will be angry, upset, and most notably you will be grieving this loss. These feelings are valid and a part of the journey, however, they can also lead many people to seek to use proceedings to cause further trauma to the other person and vice versa. Although we will do our best to help you in any way, also consider seeking support from a professional counsellor or family service.

 

Remember, you cannot control how the other person behaves, only how you react.

Our Family Law Process

Following separation, you may need to attend a family mediation service to attempt to reconcile or make an agreement on issues in relation to parenting or finances. Before you can apply for divorce, you must be separated for 12 months and have attended mediation in that time. It is important to note that mediation is different to family therapy or couples counselling.

If you and the other person are unable to reconcile, and you have attended mediation, you can then initiate proceedings for divorce. Once the order is made, you will have to wait a further 1 month and 1 day for the divorce to become final.

Between separating and divorce, any proceedings for parenting or financial orders can be commenced so long as you and the other party have attended mediation before initiating those proceedings. If you have not mediated and you commence proceedings, the court may order the parties to mediate and dismiss the proceedings until such time as mediation takes place. If you do not mediate without a satisfactory reason and the court makes this decision, it can make the process more costly and take longer.

After commencing proceedings, the parties will attend court and state their respective positions. You must be in attendance at all court dates unless the court has given permission for you not to be there. Following the first court date, the parties will be required to attempt to mediate again and engage in correspondence with the other party in an attempt to address the issues.

It’s important to understand that your matter may not proceed to a hearing. Only a very small percentage of matters go to a final hearing, and often times matters can settle on the day the final hearing is set to commence.

Once your matter is finalised, you will be required to adhere to any orders made. If the other party does not, you may have to initiate proceedings for breach.

Get Started or Need More Information

Please note that the information on this page is general in nature and does not take into account your individual circumstances. If you would like to discuss your matter and how we might be able to assist you, please contact us by clicking the ‘Phone us‘ button below, or book a free initial appointment by using the ‘Book’ button.

Harriss Jones Lawyers