When Should You Consider Hiring a Family Lawyer in Sydney

Most people who have been through a family law matter say the same thing when asked what they would do differently: they would have seen a lawyer earlier. 

The Situations Where You Need Advice Now

Family Violence or Safety Concerns

In NSW, this came into effect through the Crimes Legislation Amendment (Coercive Control) Act 2022, with the coercive control offence commencing on 1 July 2024. 

A family lawyer can help you understand how this intersects with your family law matter, and assist you in applying for protection orders or ensuring your safety measures are in place before proceedings begin.

You Are About to Sign an Agreement

Informal arrangements, written as text messages, emails, or even handwritten notes, are generally not legally enforceable as final property settlements. Without timely legal advice, you may agree to legally unenforceable arrangements, sign financial agreements that do not protect your interests, or lose the opportunity to seek orders the court would otherwise have made in your favour. 

A Deadline Is Approaching

Under the Family Law Act 1975, married couples have one year from the date a divorce order comes into effect to apply for property and financial orders. For de facto couples, the limit is two years from the date of separation. These limits are set by the Act itself, confirmed by Legal Aid NSW.

The Other Party Has a Lawyer

If your former partner has engaged a lawyer and you have not, the imbalance is real. They are not obligated to point out what you might be entitled to, or where an agreement disadvantages you.

This does not mean every matter requires full litigation. But it does mean you need someone in your corner who understands what is being proposed and whether it is reasonable, before you agree to anything.

Situations Where Advice Is Strongly Worth Having

You Are Thinking About Separating

Understanding your rights, what a separation would likely involve for property and parenting, and what steps to take (and not take) before you separate can save significant time, money, and conflict later. 

You Have Reached an Informal Agreement

If you and your ex-partner have worked out an arrangement for property or parenting that both of you are happy with, getting it legally formalised through a family lawyer in Sydney is the sensible next step.

Consent orders formalise your agreement and make it enforceable. Without them, either party can walk away from the arrangement at any time, and you have limited legal recourse. The process for consent orders does not require a contested hearing. It involves filing an application with the court, and the court approves it if satisfied the arrangement is just and equitable. 

You Are a De Facto Partner and Unsure of Your Legal Position

De facto relationships carry the same property and financial rights as marriages under the Family Law Act, but the legal recognition of a de facto relationship is not always clear-cut. For property settlement purposes, a de facto relationship generally needs to have lasted at least two years, though there are exceptions, including where there is a child of the relationship or where one party made a substantial contribution to the asset pool.