Family lawyer NSW — consent orders, BFAs, divorce and property settlement

If you and your former partner have agreed how to divide property or care for the children, consent orders make that agreement final and enforceable. The Application for Consent Orders (Form 11) and the proposed orders are filed online with the Federal Circuit and Family Court, with a $205 filing fee, and a registrar decides them on the papers — nobody goes to court. The orders must be just and equitable for property, and in the children's best interests for parenting.

I draft the orders so they are precise, complete and approvable, check the financial disclosure behind them, and explain every clause before you sign. As a guide, my fixed fees for consent orders are $2,750 for property only or parenting only and $3,850 combined, plus the court fee; your own fee is confirmed in writing after the free 30-minute consultation.

A Binding Financial Agreement is a private contract under the Family Law Act that sets out how property and superannuation will be divided, without a court approving it. NSW couples make them before marriage or moving in together (a prenup), during the relationship, or after separating. Each of you must receive independent legal advice before signing, so I act for one of you only and your partner needs their own lawyer.

A BFA is only as strong as the way it's made: full disclosure, real time to consider it, and careful drafting. As a guide, a straightforward BFA starts from $4,400, confirmed in writing after the free consultation.

You can apply for divorce after 12 months of separation, on your own or jointly, online through the Commonwealth Courts Portal, for the same $1,125 filing fee ($375 with a concession) as anywhere outside WA. Divorce ends the marriage but doesn't divide property, so property settlement is a separate step — by agreement through consent orders or a BFA, or through the court if you can't agree.

Time limits matter: married couples generally have 12 months from the divorce taking effect to apply for property orders, and de facto couples generally two years from separating.

NSW cases are handled by the Federal Circuit and Family Court through its NSW registries, including Sydney, Parramatta and Newcastle. If a hearing is needed, I appear at the registry that serves your area by video link where the court permits, or in person where the matter requires it, and brief local counsel where needed so you're not managing two sets of lawyers.

If the family home or other property is being transferred between you, NSW generally exempts transfers made under family law orders or a Binding Financial Agreement from transfer duty, subject to conditions — we check how that applies before the orders are finalised. Apprehended domestic violence orders (ADVOs) are made by the NSW Local Court under NSW law; if you need one, or are facing one, I'll help you work out what needs to happen locally. In an emergency call 000, or 1800RESPECT (1800 737 732) for confidential support.