Family Law


Family Law involves many considerations including children, property and divorce.
When separating from either a marriage or a de facto relationship of 2 years or more
areas to be considered include:

Which Court -
1: Local Court of New South Wales; or
2: Federal Circuit Court of Australia; or
3: Family Court of Australia;

The First Question that needs to be asked is:
1: Can the matter be agreed between the parties and can an agreed settlement be achieved?
Or
2: Should Litigation be Initiated?

Matters are usually dealt with in one of three ways:
1: By way of a Binding Financial Agreement; or
2: By way of Consent Orders; or
3: By way of Initiating Litigation including filing:
--> 3(a): Initiating Application; and
--> 3(b): Affidavit in Support; and
--> 3(c): Financial Statement (if the matter includes a property settlement).

Litigation includes two main areas 1:Children and 2: Property
It is often most efficient to deal with Children and Property both at the same time.

Interim Hearing

An interim child custody hearing should usually take place between one
and six months after the filing of an application with the court.

Once documents are filed they will be reviewed by the Court Registry.

If litigation is initiated an initial court date for Mention will be set down
usually within 4 weeks of the documents being filed.
At the first court date initial submissions will be heard and interim Orders may
be made at this early stage of proceedings including in relation to children
who they live with and when or if they spend time with the other party.

The lawyers at Camden Solicitors and Conveyancers have many years of experience representing clients
where we have initiated litigation or where we have responded in matters
initiated by the other party.

The lawyers at Camden Solicitors and Conveyancers have represented same sex clients who have
children of the relationship and also where property is included.

The lawyers at Camden Solicitors and Conveyancers have represented clients where there has been
some doubt if a child is of the relationship or outside a particular relationship.
We can assist in determining this either with or without the need for an Order from
the Court depending on the circumstances.

Final Hearing

It may take 1 year and can take longer for a matter to proceed through to a Final Hearing.
Some matter where parties cannot agree on any common ground can include litigation
that can extend 2 years, 3 years and even in some cases 4 years.

The behaviour of the parties to a proceeding can dictate to a large extent the
length that the proceeding take before they are finalised.
In our experience when parties are unrepresented matters take much longer.
When parties are represented they typically progress much more efficiently through the legal
system and this is where time, energy and money can be saved and where real value can be
added by Camden Solicitors and Conveyancers.

A lawyer from Camden Solicitors and Conveyancers will represent you in court and also in
the dispute resolution outside of court as well as with the formalisation of agreements where they are
possible.