Family and Divorce Lawyers

The family lawyers at Brander Smith McKnight are proud to say that more than 95% of our family matters and divorces settle without going to court.

We understand that when a relationship ends it is a very stressful situation and you will face many difficult decisions.

You can be confident that we will guide you through the challenging process, advocate for you and ensure that no-one takes advantage of you.

You can guarantee that we are here for you.

02 8539 7475

Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.

What is family law?

In Australia, family law regulates several matters which relate to family and other relationships of a domestic or personal nature. Australia’s family law deals with issues such as those relating to marriage, divorce, parenting, property, domestic violence and adoption.

Typical processes of family law include property settlements, spousal maintenance, the termination of marriages and the custody of children. Family law matters are commonly resolved outside of court through processes such as negotiation, mediation, and family counselling.

Family law in Australia legislates with regard to both married and de facto couples, concerning itself with the issues that arise following the breakdown of these relationships. In addition, the same legal rights and rules that attach to married and de facto relationships in Australia extend to same-sex relationships.

Family law matters have a broad range of complexity and require the considerations of each matters unique circumstances to be addressed properly.

02 8539 7475

Call us to arrange a free 20 minute no obligation consultation that includes case evaluation and cost estimate.

Why Brander Smith McKnight Family Lawyers?

We are Sydney based lawyers proud that more than 95% of our family matters and divorces settle without the expense of going to court.

We understand that when a relationship ends it is a stressful situation and you will face many difficult decisions. You can be confident that we will guide you through this challenging process, advocate for you and ensure that you are not taken advantage of.

We are committed to treating all our clients equally and respectfully and work hard to reach a practical solution that is good for you and your children.

We guarantee that we are here for you during what can be a difficult period.

The BSM Team

Brander Smith McKnight are highly experienced in all areas of family law including:

divorce and separation
child support and parenting agreements
domestic violence (ADVOs and AVOs)
wills and estate planning
property settlement
alternative dispute resolution
Same-sex couples matters
De facto relationship matters

Our lawyers have extensive experience across various areas of family law in Sydney, having expertise in both the Family Court of Australia and the Federal Circuit Court.

Why We Are Better

We have a clear and proven process:

We offer a free 20 minute initial consultation to evaluate your case and provide an estimate of fees.
Within 2 working days we provide a concise written description of the total cost and the cost of each stage.
Upon receiving instructions we will immediately commence work.

We always communicate with you:

We listen to you and keep you informed.
We return all calls and emails within one working day.
We are always available for you to contact. Even if your lawyer is in court, someone will be able to provide immediate legal advice.
We provide drafts of all written communication and court documents to you, prior to sending

We are renowned for providing premium professional legal advice, vigorously advocating for you and achieving outstanding results:

We have over 50 years of combined legal experience dealing with complex matters. We have over 5,000 satisfied clients.

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Frequently Asked Questions

What is the process of divorce or separation? Is it the same for married and de facto couples?

Married and de facto couples share the same legal rights but the manner in which a married versus a de facto relationship are ended different. The same rules also apply equally to married or de facto same-sex and heterosexual couples. De facto couples are not necessarily required to make a formal legal application to finalise the ending of their relationship but they are still equally entitled to the same rights available to married couples relating to property, maintenance, parenting orders and child support.

To obtain a divorce, you and your partner need to have been separated for at least 12 months. Legal assistance should be sought before this 12 month period in order to gain an understanding of how the divorce process works, what each parties obligations are and what may be the likely outcome of proceedings.

It is important to note that various legal processes associated with separation can be carried out separately to a divorce. The relevance of each of these processes will be dependant on your circumstances, they may include:

The division of property
Spousal maintenance
Arrangements relating to Parenting and Children (child support, custody, spend time with orders)

How is property distributed in a divorce?

Property settlements can be a complicated legal process. A summary of how property is divided is included in the articles section, under Family Law articles.

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What will happen with our children? Do we Have to go to court to organise that?

If you and your partner separate and you have children you do not necessarily have to go to court. It is advisable for people to draft a formal parenting agreement and seek appropriate advice from a lawyer.

When making a parenting agreement, parties can make decision relating to:

A child’s living arrangements
The extent of time spent by a child with each parent
The manner in which a child’s long term or decisions should be made (this may include decisions relating to the child’s health or education
Arrangements for birthdays, holidays and other special days in the child’s life
The contact a child will have with other parties such as their grandparents

A parenting agreement may be made privately with your partner or through by each party’s legal representation. Parenting agreements may take several forms, they include:

An informal verbal or written agreement: these agreements are made outside of court and are not legally enforceable. This is not an advisable long term option.
A parenting plan: these agreements a formulated by both parents, typically with the assistance of a third party, they are not legally enforceable. Parenting plans, whilst not enforceable in court, are used as a reference in court proceedings should they occur.
A consent order (also known as a parenting order) – these are legally binding documents that are lodged in a court. Consent orders defines the responsibilities of each party. A consent order can be applied for by not only a child’s parents but also their grandparents and any other party that is concerned with the child’s welfare, care and development.

Where making a parenting agreement outside of court is unachievable you may need to go to court and obtain a parenting order determined by the court. All of the court’s decisions regarding parenting arrangements will be determined on the basis of what it in the best interest of the children. Determining what is best for children is a complex task and requires consideration of a several factors including factors such as:

the child’s relationship with each of their parents
the need to protect a child from physical or psychological harm
any views expressed by the child
A parent’s attitude to a child and the responsibilities of parenthood