Practice — Family law
Family law
Property, parenting, and the structures that hold.
Family law in our practice is rarely a matter of paperwork. It is a matter of dividing what two people have built, while protecting what each of them needs to carry forward.
What we do
We act on the full range of family law matters that arise during separation and divorce, with a particular focus on property settlements involving substantive assets.
Property settlements
We advise on the division of matrimonial property, including the family home, investment properties, superannuation, and interests in family businesses or trusts. Many of our matters involve complex asset structures, self-managed super funds, family companies, discretionary trusts, and inter-generational property holdings, where the legal task is as much about identifying and valuing the matrimonial pool as it is about dividing it.
Parenting arrangements
We work with separated parents to put parenting arrangements in place, by parenting plan, consent orders, or, where necessary, through proceedings in the Federal Circuit and Family Court of Australia. Our preference, where the circumstances allow, is to settle parenting matters by agreement.
Binding financial agreements
We prepare and advise on binding financial agreements before marriage, during marriage, and after separation. For clients entering second marriages, blending families, or with significant pre-marital assets, a properly drafted agreement is often the most useful protective step they can take.
Divorce
We file applications for divorce on behalf of clients who have been separated for the required period. In most cases, the divorce itself is a procedural step, the substantive work has already been done in the property and parenting settlements that precede it.
How we work
Family law matters are partner-led, with the principal involved from the first meeting and throughout. We do not delegate substantive work to junior lawyers. Fees are quoted at the outset and discussed candidly throughout. For clients managing the cashflow constraints of a property settlement, we are accredited with JustFund and can arrange disbursement-stage funding where appropriate.
Common questions
How is property divided in a family law settlement in NSW?
Under the Family Law Act 1975, property division is determined by a four-step process: identifying the asset pool, assessing each party's contributions, considering each party's future needs, and arriving at an outcome that is just and equitable. The process applies to married couples and de facto partners in NSW.
Do I need to go to court to settle my property matter?
Most family law property matters settle without a final hearing, either through negotiation, mediation, or by consent orders filed with the court. We aim to settle where settlement is possible. Where it is not, we are prepared to take the matter to a contested hearing in the Federal Circuit and Family Court of Australia.
How is superannuation treated in a property settlement?
Superannuation is part of the matrimonial pool and is divided as part of the property settlement. The mechanism is a superannuation splitting order, which is filed with the relevant superannuation fund and gives effect to the agreed or court-ordered division.
What is a binding financial agreement?
A binding financial agreement is a contract between two people that sets out how their property would be divided in the event of separation. BFAs can be made before marriage, during marriage, or after separation, and they replace the court's role in dividing property if the circumstances they cover arise.
Speak with us about your matter.
Suite 3.2, 5–7 Littleton Street, Riverwood NSW 2210
Sydney CBD by appointment
02 9580 9011
reception@urbanfamilylawyers.com.au