Family Law Info

We hope you find the following family law information informative. All content here is intended to be a guide only. They are not intended to be legal advice. Please contact Sarah Bevan Family Lawyers for professional legal advice you can trust.

We have multiple types of Info for you. Please select from the following: Select from the following:

June 15, 2017

Child Parenting Orders – Travel Permission For Children

Child Parenting Orders – Travel Permission Does your parenting order cover your children if you wish to travel overseas? Penalties may apply for parents if you […]
April 26, 2017

Divorce and Mediation – Family Law Mediator

Divorce and Mediation – Family Law Mediators Sydney Divorce and Mediation If you are considering filing for divorce, then you should seek legal advice as soon […]
March 16, 2017

Sydney Family Law Firm – Arbitrators and Mediators

Family Law Arbitrators and Mediators Traditional litigation is not the only way to resolve your family law issue. Several alternatives exist and are widely used in […]
December 23, 2016

Parenting/Children – Relocation with Children

Parenting/Children – Relocation with Children Case Study Jan and Nicholas had one child, Owen, aged 6 years. Jan and Nicholas had separated approximately 2 years earlier, and […]
December 13, 2016

Your First Consultation

We see people in very varying stages, from those who have not yet separated but are considering their options, to those who may have been divorced […]
December 12, 2016

Property and Financial disputes – Limited Assets

Edward and Georgia had been married for 12 years and had 2 children, Fiona aged 10 and Kim aged 7, who suffered from insulin dependant diabetes. […]
December 12, 2016

Court Process

All of our lawyers have an in depth knowledge of family law as well as the court procedures, which ensures the best court representation for you. […]
December 5, 2016

How do parties to a divorce demonstrate that they have separated?

In demonstrating that a period of separation has begun, there are a couple of general actions that may be used as evidence, and can include: one […]
December 5, 2016

What do I need to know about creating enforceable agreements?

Section 90G of the Family Law Act 1975 (Cth) (the Act) outlines the circumstances when financial agreements are binding. The requirements are strict, and all parties must have been […]
December 5, 2016

How can a person apply for orders or declarations in relation to de facto relationships?

Section 90SB of the Family Law Act 1975 (Cth) (the Act) sets out when a court can make an order or declaration in relation to a […]
December 5, 2016

What are the laws relating to voluntary and mandatory reporting for child abuse?

The ACT, New South Wales, Queensland, Tasmania, and Victoria provide for voluntary reporting to an authoritative body if a child is being maltreated or requires care. […]
December 5, 2016

Are marriages involving a transgender person valid?

The question of the validity of a marriage involving a person who underwent a transition was considered by the Full Court of the Family Court in […]
December 5, 2016

What is domestic violence?

Broadly speaking, domestic violence refers to any person who is in either an intimate or familial relationship where violence, or any other types of behaviours used […]
December 5, 2016
Divorce Family Lawyer Sydney

What proof is required to demonstrate irretrievable breakdown?

The Family Law Act 1975 (Cth) (the Act) states that irretrievable breakdown of a marriage will have occurred if: ·         the parties have lived separately and apart for a […]
December 5, 2016

When may the court not grant a divorce?

If there are no suitable arrangements in place for the future care of any children under 18 years of age or children who lived as part […]
December 5, 2016

How does a person qualify for spousal maintenance?

In order for a person to succeed for maintenance, they must demonstrate that they are unable to support herself or himself adequately because: ·         they are caring […]
December 5, 2016

What are the primary and secondary considerations of the court in relation to the best interests of a child?

The most important consideration of the court when issuing an order, is the best interests of the child. The manner in which the court will determine […]
December 5, 2016

What are the laws relating to surrogacy?

The laws relating to surrogacy arrangements within Australia falls within the jurisdiction of state and territory governments, with the majority of jurisdictions having relevant legislation relating […]
December 5, 2016

Can a person lose property if their spouse becomes bankrupt?

With the introduction of the Bankruptcy and Family Law Legislation Amendment Act 2005(Cth)(the Amendment) afforded non-bankrupt spouses greater protections in property proceedings with the insertion of the […]
December 5, 2016

What effect does marriage have on a will?

Generally speaking, when a person gets married, any will made before the marriage will be revoked. However, wills made before a marriage that anticipates the marriage […]
December 5, 2016

Are homemaker and parental duties considered as non-financial contributions?

The Family Law Act 1975 (Cth) (the Act) requires the court to take into account contributions made in the capacity of parent and homemaker as outlined in s […]
December 5, 2016

What are the indicators that demonstrate there has been a change in the marital relationship

There is of course no uniform way in which marriages should be conducted, and the law does not attempt to define how a married couple should […]
December 5, 2016

When does a person have a reasonable excuse to contravene a parenting order?

There may be instances where the court may consider that there is a “reasonable excuse” for contravention of an order with the reasonable excuses outlined in […]
December 5, 2016

Can I serve an application for divorce if my spouse is in another country?

If the respondent is based in another country, it is important to find out whether Australia has an agreement with the other country in relation to […]
December 5, 2016

Divorce laws in Australia

Under the Family Law Act 1975 (Cth) (the Act), the only grounds for divorce in Australia is if a marriage has broken down irretrievably. There are […]
December 5, 2016

An introduction to enforceable agreements before, during, and after a marriage

The Family Law Act 1975 (Cth) (the Act) outlines the following type of enforceable agreements: caring for children; division of property; spousal maintenance payments; some child […]
December 5, 2016

Property maintenance after the end of a de facto relationship

Part VIIIAB of the Family Law Act 1975 (Cth) (the Act) outlines how financial matters are to be regulated between people in de facto relationships, including […]
December 5, 2016

What are the laws relating to voluntary and mandatory reporting for child abuse?

It’s generally accepted that parents are responsible for the care, protection and upbringing of a child. Matters to do with children and the family are usually […]
December 5, 2016

Are marriages involving a transgender person valid?

The current Australian position in relation to marriage is that it must be a union between a man and a woman as stated in the Marriage […]
December 5, 2016

Domestic violence laws in Australia

It is estimated that one in three women experience physical violence throughout Australia, and with such disturbing statistics, robust domestic violence laws are essential and every […]
December 5, 2016

Proving irretrievable breakdown of the marriage for divorce matters

The one and only ground for divorce in Australia is that of irretrievable breakdown of the marriage. When proving irretrievable breakdown of a marriage, there are […]
December 5, 2016

Divorce applications and arrangements for children

The divorce process is never easy and if there are also children involved, there are a number of other considerations to take into account that can […]
December 5, 2016

An introduction to spousal maintenance requirements

The Family Law Act 1975 (Cth) (the Act) has a number of spousal maintenance provisions in place if a relationship has come to an end. There […]
December 5, 2016

Primary and additional considerations of the court when determining what is in a child’s best interests

In circumstances where parents require enforceable arrangements in relation to their children, court orders are required, and can be made either via consent or through the […]
December 5, 2016

What are the laws relating to international surrogacy for Australians?

Many Australians may be considering undertaking surrogacy arrangements with a person outside of the country. Surrogacy can take the form of either a selfless action or […]
December 5, 2016

What effect does spousal bankruptcy have on the marital property?

When bankruptcy and family law collide, the results are how shall we say it? Complex. Although, we’ve dealt with a number of property matters in the […]
December 5, 2016

Does marriage have any effect on a will?

If you have already created a will, congratulations! Having a will is one of the most important documents that a person can produce if they have […]
December 5, 2016

How are non-financial contributions dealt with by the courts when a relationship comes to an end?

When determining how property is to be dealt with when a relationship comes to an end, the law will look to the contributions of the parties […]
December 5, 2016

What are the separation requirements when a marriage has come to an end?

With the introduction of the Family Law Act 1975 (Cth) (the Act), the only grounds for divorce in Australia is the “irretrievable breakdown of a marriage”. […]
December 5, 2016

What happens if one parent is in contravention of a parenting order?

Parties who are bound by a parenting order must take reasonable steps to comply with the order. However with that being said, how does the law […]
December 5, 2016

Serving an application for divorce: The process explained

When serving an application for divorce, there are certain steps that must be followed, unless service is dispensed with by the court. Upon the making of […]
December 5, 2016

Mandatory reporting laws for child abuse and family violence

Family Violence and Child Abuse Mandatory Report Laws Unfortunately, instances of family violence and child abuse does occur and the Family Law Act 1975 (Cth) (the […]
December 5, 2016

I left all the finances to my ex and I don’t really know anything about what we have. Can I still get a property settlement?

Property Settlement in Divorce & Separation Property Settlement in divorce & separation, each person in a relationship has their own skills and strengths, and so it […]
December 5, 2016
Family Lawyers Sydney Surry Hills Parramatta

What should I know about seeing a family lawyer?

Family Lawyers – What you should know about seeing one! The most important thing you should know is that communication is the key in any client/family […]
December 5, 2016

What is the most important thing people should do when first separating?

Separating  – Importing things to do! Separating – Get proper legal advice from an experienced family lawyer as early as possible! Going to see a lawyer […]
December 5, 2016

Can I take someone with me to court?

Can I take someone with me to Family Law Court? It is acceptable and quite normal to have one or two support people who come into […]
December 5, 2016
Divorce Family Lawyer Sydney

What do I wear to court?

What do I wear to Family Law Court?   A suit is not necessary, but you may wear one if you are comfortable doing so. Otherwise, […]
November 23, 2016

Does gender matter?

Does Gender Mater in Parenting Arrangements Does Gender Matter in Family Law, most people faced with the harsh reality of a family law case start out […]
November 23, 2016

Divorce – International Divorce – International Property Settlement

Divorce – International Divorce – International Property Settlement – International Property Dispute – Sydney – New South Wales – Australia – Overseas Assets – International Family […]
November 23, 2016

Property Settlements – Divorce Lawyers – common myths

Property Settlements – Divorce Lawyers People facing the end of a marriage or relationship will often find that many friends, family and colleagues consider themselves experts […]
November 23, 2016

Divorce Lawyers Sydney – Separation – Divorce – Family Lawyers

Divorce – Before Divorce – Separation – After Divorce – Property – Children – Sydney – New South Wales – Australia – Overseas Assets – Sydney […]
November 23, 2016

Binding Financial Agreements – Prenuptial Agreements Lawyers Sydney

Binding Financial Agreements – Prenuptial Agreements – Postnuptial Agreements – Asset Protection – Marriage – De Facto – Separation – Divorce – Financial Agreements Binding Financial […]
November 23, 2016

Best Family Lawyers – Sydney – Parramatta

Best Family Lawyers How to choose the best family lawyers for your divorce and property settlement? 1. Best Family Lawyers Introduction by Sarah Bevan Family Lawyers, […]
November 23, 2016

Hague Convention – Child Abduction Lawyers Sydney

Hague Convention Return of illegally abducted children The Hague Convention on the Civil Aspects of International Child Abduction 1. Introduction The Hague Convention allows for the […]
November 23, 2016

Superannuation and Separation

Superannuation and Separation – Who get what in a Divorce? Superannuation and Separation , after separation one or both of the parties to the relationship may […]
November 23, 2016

Divorce Lawyers Sydney – Who gets what in a separation

Divorce, Who gets What in a Separation – Divorce Lawyers Sydney If you are worried about separating from your partner and need the advice of an […]
November 23, 2016

Grandparents Rights – Family Lawyers Sydney

Grandparents Rights Introduction In some families, a grandchild may live with a grandparent or a grandparent may be part of a child’s household. In other families, […]
November 23, 2016

Separation Legalities in Divorce – Family Lawyers

Separation Legalities in Divorce   If you are worried about divorcing / separating from your partner and need the advice of an experienced divorce lawyer who specialises […]
November 23, 2016

LGBTI and Family Law – Family Lawyers Sydney

LGBTI and Family Law   Introduction Same sex relationships have become more recognised in society and along with this same sex families have developed. We live […]
November 23, 2016

Breaching Parenting Orders – Family Lawyers

Breaching Parenting Orders Breaching a parenting order is a serious matter. As a parenting order is a court order, all parties involved must comply it with. […]
November 23, 2016

Mediation | Family law and section 60I certificates

Mediation and Family Dispute Resolution The terms mediation and family dispute resolution are used interchangeably in the area of family law. In fact, the Family Dispute […]
November 23, 2016

Family Law Court Supervised time (or contact/access) – What is it?

Family Law Court Supervised Time The Family Law Act 1975 places a significant emphasis on the need to maintain a meaningful relationship between children and each […]
November 23, 2016

The Duty of Disclosure in family law |Family Law Firm Sydney

Duty of Disclosure the Family Court of Australia has stringent disclosure requirements for parties. These requirements arise in both financial and parenting matters. Disclosure is quite […]
November 23, 2016

Parenting Orders – Family Violence – Sydney Family Lawyers

Paul and Kaitlyn were in a relationship for approximately two years and had a child together, named Annabelle. They separated before she was even born. During […]
November 23, 2016

What is the difference between a Parenting Order and Adoption?

Adoption & Parenting Orders what is the difference ? Adoption is the legal process where a child joins and becomes a recognised member of a family. […]
November 23, 2016

Who gets the Pets in a Divorce or Separation – Sydney Family Lawyers

Who gets the Pets in a Divorce For most families, their pets (be it a dog, cat or guinea pig) are beloved members of the family […]
November 23, 2016

Parenting Arrangements – Family Lawyers Sydney

Parenting Arrangement after Separation Parenting Arrangements need help? Sarah Bevan Family Lawyers is not your ordinary law firm. Our family lawyers are not only knowledgeable and […]
November 23, 2016

I think my Separation will be complicated

I think my separation will be complicated.  What should we do about our expenses? Can My Family Lawyer Help me? No two divorces are the same, […]
November 23, 2016

Parenting – Children – Child Support Lawyers Sydney

Child Support Lawyers Sydney, Parramatta Case Study by Sarah Bevan Family Lawyers Adam and Christine had 2 teenage children, Daniel aged 13 and Dina aged 16, […]
November 23, 2016

Parenting- Children – Child Abduction – Family Lawyers Sydney

Child Abduction Sarah Bevan Family Lawyers, Sydney, Parramatta Case Study Samina and Sohail had two children of their relationship aged 6 and 15 years. Under the […]
November 22, 2016

Parenting – Children – Young Children – Child Order Lawyers

Greg and Donna had recently separated, and had a 21 month old daughter Holly. Donna had been Holly’s primary caregiver throughout the relationship and it was […]
November 22, 2016

Interim Orders and Parenting Arrangement Disputes

Interim Orders and Parenting Arrangement Disputes – SB Family Lawyers Sydney and Parramatta Case Study Jan and Nicholas had one child, Owen, aged 6 years. Jan and […]
November 22, 2016

Defacto Relationships – Financial Disputes

Defacto Relationships Financial Disputes – SB Family Lawyers Case Study Ali and Irene had been in a defacto relationship for 6 years and had recently separated. […]
November 22, 2016

Property Settlement – Child Support Payments – Lawyers

Property Settlement and Child Support Payments – SB Family Lawyers Case Study Edward and Georgia had been married for 12 years and had 2 children, Fiona […]
November 22, 2016

Shared Parenting Arrangements – Family Lawyers

Shared parenting arrangements, Aaron and Cathy had a 6 year old daughter Brianna, who had remained living with Cathy following separation. At separation Aaron moved to […]
November 22, 2016

Divorce – Separation- Family Law Firm Sydney

Divorce – Separation- Divorce Lawyers – Family Law Firm Sydney Ian came in to see us shortly after his wife Joanne had left the marriage after […]
November 22, 2016

Parenting/Children – Grandparents Rights – Family Lawyers

Parenting/children – grandparents rights case study Susie and Tony’s relationship broke down after months of fighting. Susie left the home in Orange and moved to Sydney […]
November 22, 2016

Property/Financial disputes – substantial assets

Property/Financial disputes – Family Lawyers Case study Paul was a successful entrepreneurial businessman. With the support of his wife, Justine, he had built up an empire […]
November 22, 2016

Surrogacy Process- Same Sex Defacto Relationship

Surrogacy when in the same sex defacto relationship, case study Surrogacy, Brett and Samuel were in a same sex de facto relationship. For several years the […]
November 22, 2016

Child Custody – Recovery Order – Family Lawyers Sydney

Child Custody – Recovery Order Case Study Nicole had been in a relationship with Paul on and off for the last 5 years. The couple had […]
November 22, 2016

Parenting Orders – Domestic Violence – Family Separation

Parenting Orders – Domestic Violence – Family Separation Law Firm Johnathon and Sue were in a de facto relationship, and had a young child, Alexandra aged […]
November 22, 2016

Parenting Orders – young children and sexual abuse allegations

Parenting Orders – very young children and sexual abuse allegations – Family Lawyers Steve and Anna were in a relationship for almost 2 years and had […]
November 22, 2016

Alternatives to Adoption and Surrogacy in Australia

Alternatives to Adoption and Surrogacy in Australia – Family Lawyers Most of our work at Sarah Bevan Family Lawyers is helping people following a separation.  But […]
November 22, 2016

Changing an existing Parenting Order – Parenting Order Lawyers

Changing an existing Parenting Order James and Laura were a young couple who separated shortly after the birth of their first child Nancy. Nancy, a newborn […]
September 15, 2016

What conditions can be included in an Apprehended Violence Order?

Upon the issuing of an AVO (Apprehended Violence Order), the following conditions are included preventing the person subject to the order from: assaulting, molesting, harassing, or […]
September 15, 2016

What happens if a person does not consent to an Apprehended Violence Order?

Apprehended Violence Order – If a person does not consent to an AVO, the matter will be adjourned so the magistrate can decide whether there are […]
September 15, 2016

When can a court issue an Apprehended Violence Order?

Court issued – An AVO (Apprehended Violence Order) can be issued by the court under the following circumstances: the defendant consents to the order being made; […]
September 15, 2016

Steps to take after the application for an Apprehended Violence Order

Apprehended Violence Order and the steps to take after the application. Upon the making of an application for an order, it’s essential to note the court […]
September 15, 2016

How to apply for an Apprehended Violence Order?

Apprehended Violence Order and how to apply for one – A person can contact the police, who can then make an application for an AVO on […]
September 15, 2016

Family violence and children

Family Violence and Children – Domestic Violence Law – Children may be particularly vulnerable to family violence, and the Act states that a child is exposed […]
September 15, 2016

What is family violence?

What is family violence – Section 4AB(1) of the Family Law Act 1975 (Cth) (the Act) defines family violence as “violent, threatening or other behaviour by […]