# EM Family Law > Divorce Lawyers, Family Lawyers, Separation, Solicitors ## Pages - [Vanessa Merlino](https://edwardsfamilylawyers.com.au/vanessa-merlino/): Vanessa MerlinoFamily Lawyer Vanessa is a dedicated family lawyer who is passionate about helping clients navigate separation, parenting and property... - [Matthew Tang](https://edwardsfamilylawyers.com.au/matthew-tang/): Matthew TangFamily Lawyer Matthew is an experienced family lawyer, who combines sharp legal strategy with empathetic client care to achieve... - [Join Our Team - Family Lawyer Positions](https://edwardsfamilylawyers.com.au/join-our-team-family-lawyer-positions/): Career Opportunities: Join Our Team EDWARDS MOLONEY FAMILY LAW is an award-winning, highly respected, specialist Family Law firm recognised for... - [Form-testing-pages](https://edwardsfamilylawyers.com.au/form-testing-pages/) - [Development-Form-Test-Page](https://edwardsfamilylawyers.com.au/development-form-test-page/) - [Divorce Lawyers Sydney](https://edwardsfamilylawyers.com.au/divorce-lawyers-sydney/) - [Family Lawyers Sydney](https://edwardsfamilylawyers.com.au/family-lawyers-in-sydney/) - [Nura Awady](https://edwardsfamilylawyers.com.au/nura-awady-2/) - [Thank You For Scheduling](https://edwardsfamilylawyers.com.au/thank-you-for-scheduling/) - [Thank You](https://edwardsfamilylawyers.com.au/thank-you/) - [Annalisse Diab Divorce Lawyer Sydney](https://edwardsfamilylawyers.com.au/annalisse-diab-divorce-lawyer-sydney/) - [Navigating Superannuation Amidst Divorce or Separation](https://edwardsfamilylawyers.com.au/navigating-superannuation-in-divorce/) - [What exactly is mediation in family law, and how does it work?](https://edwardsfamilylawyers.com.au/family-law-mediation-how-it-works/) - [What is a ‘De Facto’ or Domestic Relationship? A Comprehensive Guide by EM Family Law ](https://edwardsfamilylawyers.com.au/de-facto-domestic-relationships-australia/) - [Child Custody Arrangements: Insights from Edwards Moloney Family Law](https://edwardsfamilylawyers.com.au/understanding-child-custody-arrangements/) - [Australia: What are the separation rules?](https://edwardsfamilylawyers.com.au/family-law-separation-rules-australia/) - [The First Time: Tips for Choosing a Lawyer During a Separation](https://edwardsfamilylawyers.com.au/the-first-time-tips-for-choosing-a-lawyer-during-a-separation/): When going through a separation, it is crucial to find a lawyer with experience in family law, as this area... - [Property Settlements During Divorce: Navigating the Complexities for a Fair and Equitable Outcome in the Uncertain Housing Market.](https://edwardsfamilylawyers.com.au/property-settlements-divorce-fair-outcome/): Divorce can be a difficult and emotional process, and property division can add an extra layer of complexity. In Australia,... - [Edwards Moloney Family Law: North Sydney Family & Divorce Lawyers Experts](https://edwardsfamilylawyers.com.au/): North Sydney family lawyers with 40+ years’ experience. Divorce, parenting, property settlement, and family law services for clients in North... - [Tilly Herbert-Smith](https://edwardsfamilylawyers.com.au/team-north-sydney-family-lawyers/tilly-herbert-smith/) - [The Family Law Process – COVID-19](https://edwardsfamilylawyers.com.au/the-family-law-process-covid-19/) - [Lachlan Jackson](https://edwardsfamilylawyers.com.au/team-north-sydney-family-lawyers/lachlan-jackson/) - [Stephanie Luong](https://edwardsfamilylawyers.com.au/stephanie-luong/): STEPHANIE LUONG Stephanie is in her - [nCOVID19 Announcement](https://edwardsfamilylawyers.com.au/ncovid19-announcement/): COVID-19 Announcement With much uncertainty around the full impact and duration of COVID-19, we would like to assure - [Disputes regarding a childs surname](https://edwardsfamilylawyers.com.au/child-surname-dispute-family-law/) - [Julia Davies](https://edwardsfamilylawyers.com.au/julia-davies-paralegal/): JULIA DAVIES Julia - [Articles](https://edwardsfamilylawyers.com.au/articles/) - [Family Law Services](https://edwardsfamilylawyers.com.au/family-law-services/): Family Law Services - [Contact Us](https://edwardsfamilylawyers.com.au/contact-us/): CONTACT US We are a leading family law firm in Sydney with over 30 years of award-winning experience in matters... - [Conscious Uncoupling](https://edwardsfamilylawyers.com.au/conscious-uncoupling-guide/) - [International Child Abduction](https://edwardsfamilylawyers.com.au/family-lawyers-sydney-international-child-abduction/) - [Family Law Guidance: Parenting Arrangements & Property Settlements After Separation](https://edwardsfamilylawyers.com.au/parenting-arrangements-property-settlements/) - [Facebook, Family Law and Paternity](https://edwardsfamilylawyers.com.au/family-lawyers-sydney-facebook-family-law-paternity/): Facebook, Family Law and Paternity Australian Courts are keeping up with technological advances. The - [Applications for Exclusive Occupation](https://edwardsfamilylawyers.com.au/family-lawyers-sydney-applications-exclusive-occupation/) - [Second Marriages & Family Provision Claims](https://edwardsfamilylawyers.com.au/second-marriages-family-provision-claims/) - [Watch List Orders: How to Stop Your Spouse Taking The Children Overseas Without Consent](https://edwardsfamilylawyers.com.au/parenting-orders-watch-list-child-abduction-sydney/) - [Children Behaving Badly: Estrangement & Family Provision Claims](https://edwardsfamilylawyers.com.au/family-provision-estates-estrangement-family-provision-and-estate-claims/): Children Behaving Badly: Estrangement & Family Provision Claims It is often a strongly held - [Separation Under One Roof](https://edwardsfamilylawyers.com.au/divorce-and-separation-under-one-roof/) - [Family Law Courts Fee Increase Update](https://edwardsfamilylawyers.com.au/family-law-sydney-courts-fee-increase/): Family Law Courts Fee Increase Update On 13 July 2015 the government signed and registered the Family Law (Fees) Amendment... - [No Fault Divorce](https://edwardsfamilylawyers.com.au/no-fault-divorce-family-law-sydney/) - [Parenting Plans or Parenting Orders](https://edwardsfamilylawyers.com.au/parenting-plans-vs-parenting-orders/) - [Overseas Assets in Family Law Property Disputes](https://edwardsfamilylawyers.com.au/overseas-assets-in-family-law-property-disputes/) - [Companies, Trusts and Third Parties in Family Law](https://edwardsfamilylawyers.com.au/companies-trusts-and-third-parties-in-family-law/) - [When Can I Get Divorced?](https://edwardsfamilylawyers.com.au/when-can-you-get-divorced-australia/) - [How Much Child Support Will I have to Pay?](https://edwardsfamilylawyers.com.au/how-much-child-support-to-pay/) - [What Happens to my Superannuation or Pension After Divorce/Separation?](https://edwardsfamilylawyers.com.au/superannuation-pension-divorce-separation/) - [FAQs](https://edwardsfamilylawyers.com.au/family-law-services/faq/): FREQUENTLY ASKED QUESTIONS In 2017, Edwards Family Lawyers was recommended in the Doyles Guide as one of the Leading Family... - [Family Law Useful Links](https://edwardsfamilylawyers.com.au/family-law-useful-links/) - [Mediation Services](https://edwardsfamilylawyers.com.au/family-law-services/family-law-mediation-sydney-services/) - [De Facto Relationships](https://edwardsfamilylawyers.com.au/family-law-services/family-law-de-facto-relationships-australia/) - [Parenting and Children](https://edwardsfamilylawyers.com.au/family-law-services/parenting-plans-north-sydney/) - [Property Settlement](https://edwardsfamilylawyers.com.au/family-law-services/property-settlement-north-sydney/) - [Negotiation and Resolution](https://edwardsfamilylawyers.com.au/family-law-services/negotiation-and-resolution/) - [Divorce and Separation](https://edwardsfamilylawyers.com.au/family-law-services/family-law-divorce-lawyers-north-sydney/) - [Our Services](https://edwardsfamilylawyers.com.au/services/) - [Michael Moloney](https://edwardsfamilylawyers.com.au/team-north-sydney-family-lawyers/michael-moloney/) - [Frances Edwards](https://edwardsfamilylawyers.com.au/team-north-sydney-family-lawyers/family-law-mediator-sydney-frances-edwards/) - [Our Team](https://edwardsfamilylawyers.com.au/team-north-sydney-family-lawyers/) - [Initial Consultation](https://edwardsfamilylawyers.com.au/about-us-family-lawyers-sydney/initial-consultation/): Understanding the Importance of Your Initial Consultation at EM Family LawAt EM Family Law, we understand that the initial consultation... - [About Us](https://edwardsfamilylawyers.com.au/about-us-family-lawyers-sydney/) - [Family Lawyer](https://edwardsfamilylawyers.com.au/family-lawyers-sydney/) ## Posts # # Detailed Content ## Pages - Published: 2026-08-19 - Modified: 2026-08-19 - URL: https://edwardsfamilylawyers.com.au/vanessa-merlino/ Vanessa Merlino Family Lawyer Vanessa is a dedicated family lawyer who is passionate about helping clients navigate separation, parenting and property matters with empathy, professionalism and practical guidance. She understands that family law matters can be emotionally challenging and is committed to ensuring her clients feel supported, informed and empowered throughout every stage of their matter. Admitted as a lawyer of the Supreme Court of NSW in 2025, Vanessa joined Edwards Moloney Family Law after gaining experience across family law, workers compensation, property and conveyancing, commercial law, wills and estates and litigation. Her diverse background has equipped her with strong problem-solving skills, attention to detail and the ability to guide clients through complex legal issues with confidence and care. Vanessa values building genuine relationships with her clients and believes that clear communication and practical advice are key to achieving positive outcomes. She takes the time to understand each client’s unique circumstances and works collaboratively to find solutions that best meet their needs, while supporting them through what is often one of life’s most significant transitions. Sydney Office Our Services Divorce & Separation Divorce Services When married couples separate, there is only one ground for the grant of a Divorce Order, and that is the irretrievable breakdown of the marriage. This is established by the parties being separated for a minimum of 12 months prior to Divorce. In some circumstances, parties can be living under the same roof and still be able to establish this ground. Learn more Property Settlement Expert... - Published: 2026-08-19 - Modified: 2026-08-19 - URL: https://edwardsfamilylawyers.com.au/matthew-tang/ Matthew Tang Family Lawyer Matthew is an experienced family lawyer, who combines sharp legal strategy with empathetic client care to achieve constructive resolutions both in and out of court. He excels at strategising and problem solving, which allows him to assist clients with discovering appropriate steps and options to achieve the best possible outcome for their matter. However, Matthew believes that family law requires more than just legal knowledge, often requiring active listening and clear guidance. Matthew has always been passionate about helping clients navigate what are often some of the most challenging periods of their lives. His ability to communicate effectively with clients allows them to understand the intricacies of family law at every stage of their matter and ease the emotional stress that comes with the family law process. Matthew holds a double degree in Law and Business, as well as a Graduate Diploma of Legal Practice. He was admitted as a lawyer to the Supreme Court of New South Wales and to the High Court of Australia in 2021. Matthew has worked predominantly in family law since admission in a wide array of family law matters, such as parenting disputes, property settlements, divorce applications, mediated matters, recovery orders, contravention applications, conciliation conferences, and trial matters. Throughout his years of legal experience, Matthew enjoys working side by side with clients and always strives to develop strong relationships with them and understand their needs, to ensure that each client receives the best possible outcome for their matter. Sydney Office... - Published: 2026-02-23 - Modified: 2026-02-23 - URL: https://edwardsfamilylawyers.com.au/join-our-team-family-lawyer-positions/ Career Opportunities: Join Our Team EDWARDS MOLONEY FAMILY LAW is an award-winning, highly respected, specialist Family Law firm recognised for expertise, integrity, and strong client focus. We specialise exclusively in Family Law, handling complex matters with professionalism and care. Our team culture emphasises mentorship, collaboration and professional growth, ensuring every lawyer has the guidance and support needed to flourish in their career Contact Us Family Lawyer Positions Overview: If you are looking to take the next step in your Family Law career, this role gives you the opportunity to build expertise, confidence and independence while working on complex and interesting parenting and financial matters. You will work directly alongside four Accredited Family Law Specialists, receiving mentorship and guidance. This position offers the stability and consistency of a well-established boutique firm, giving you a steady stream of high-quality matters in a supportive environment, while still allowing you to grow your skills, develop your advocacy, and take on increasing responsibility. What We Offer: Competitive salary package commensurate with experience and capability. Flexible working arrangements, including one day work-from-home per week. Career progression pathway within a well-established specialist firm. Exposure to complex, high-quality parenting and financial matters. Work directly with a team of Accredited Family Law Specialists Paid professional development and memberships. Participation in interstate conferences. Reasonable workload expectations with strong support from senior lawyers. Opportunity to develop advocacy, drafting, and client management skills. The Role: You will be responsible for: Assisting in the management of family law matters, including parenting and financial... - Published: 2025-11-23 - Modified: 2025-11-26 - URL: https://edwardsfamilylawyers.com.au/form-testing-pages/ CONTACT US We are a leading family law firm in Sydney with over 30 years of award-winning experience in matters relating to complex family law matters. We are a full-service family law firm with a rich history of helping clients with complex property settlements, divorce law, divorce negotiations, child custody and mediation services. Our law firm has a strong focus on providing expert specialist advice relating to Family Law following the breakdown of your marriage or de facto relationship. Schedule a call backName0 / 50Phone Number0 / 12Email Address *Message0 / 300SubmitLeading Family Lawyers in Sydney for:Request a Call BackName0 / 50Phone Number0 / 12Email Address *Preferred TimeMorningNoonAfternoonSend - Published: 2025-10-31 - Modified: 2025-11-06 - URL: https://edwardsfamilylawyers.com.au/divorce-lawyers-sydney/ Leading Divorce Lawyers in SydneyTrusted Legal Support for Your Family MattersRequest a Callback from Our Family LawyersABOUT USYour Trusted Divorce Lawyersin Sydney for Over 30 YearsWith over 30 years of experience, Edwards Moloney Family Law has earned a reputation for excellence in handling even the most complex family law matters. Our approach combines compassion with professionalism, ensuring every client receives the care, clarity, and confidence they deserve throughout their legal journey. Backed by a team of Accredited Family Law Specialists and highly skilled solicitors, we are dedicated to delivering practical solutions and strong representation tailored to your family’s unique needs. Your Trusted Family LawyersAt Edwards Moloney Family Law, we’re committed to guiding you through life’s most challenging moments with empathy, integrity, and expertise. Our trusted team helps you find clarity and confidence in every family law matter. Divorce ApplicationAssistance with filing and managing the divorce application. Child CustodyWe help you navigate the emotional and legal complexities of child custody. Property SettlementFair division of assets and liabilities post-divorce. Spousal MaintenanceHelp with maintenance claims and negotiations. Why Choose Edwards Moloney Family Law? Our experienced team ensures your rights are protected, helping you resolve disputes efficiently and achieve the best possible outcome. Accredited SpecialistsOur team includes Accredited Family Law Specialists recognised by the Law Society of NSW, ensuring you receive the highest standard of legal advice and representation. Experienced TeamWith decades of combined experience, our lawyers have successfully resolved a wide range of family law matters — from complex property settlements to sensitive... - Published: 2025-10-29 - Modified: 2025-11-06 - URL: https://edwardsfamilylawyers.com.au/family-lawyers-in-sydney/ Leading Family Law Experts in SydneyTrusted Legal Support for Your Family MattersRequest a Callback from Our Family LawyersABOUT USYour Trusted Family Lawyersin Sydney for Over 30 YearsWith over 30 years of experience, Edwards Moloney Family Law has earned a reputation for excellence in handling even the most complex family law matters. Our approach combines compassion with professionalism, ensuring every client receives the care, clarity, and confidence they deserve throughout their legal journey. Backed by a team of Accredited Family Law Specialists and highly skilled solicitors, we are dedicated to delivering practical solutions and strong representation tailored to your family’s unique needs. Your Trusted Family LawyersAt Edwards Moloney Family Law, we’re committed to guiding you through life’s most challenging moments with empathy, integrity, and expertise. Our trusted team helps you find clarity and confidence in every family law matter. Divorce ApplicationAssistance with filing and managing the divorce application. Child CustodyWe help you navigate the emotional and legal complexities of child custody. Property SettlementFair division of assets and liabilities post-divorce. Spousal MaintenanceHelp with maintenance claims and negotiations. Why Choose Edwards Moloney Family Law? Our experienced team ensures your rights are protected, helping you resolve disputes efficiently and achieve the best possible outcome. Accredited SpecialistsOur team includes Accredited Family Law Specialists recognised by the Law Society of NSW, ensuring you receive the highest standard of legal advice and representation. Experienced TeamWith decades of combined experience, our lawyers have successfully resolved a wide range of family law matters — from complex property settlements to... - Published: 2025-09-10 - Modified: 2025-09-10 - URL: https://edwardsfamilylawyers.com.au/nura-awady-2/ Nura AwadyFamily Lawyer Nura Awady is a dedicated family lawyer who guides clients through separation, parenting, and financial matters with empathy, clarity, and professionalism. She understands that family law issues often arise during some of life’s most difficult moments, and is committed to helping clients feel supported, informed, and empowered at every stage of the process. Nura holds double degrees in Law and Criminology, as well as a Graduate Diploma of Legal Practice. She was admitted as a lawyer to the Supreme Court of New South Wales in 2024 and to the High Court of Australia in 2025, achievements that reflect both her strong academic foundation and her determination to serve clients at the highest professional standard. Before joining EMFL in 2025, Nura gained invaluable insight into the family law system while working as an Associate to a Judicial Registrar in the Federal Circuit and Family Court of Australia. This experience allowed her to see first-hand the challenges families face in complex parenting and property matters, and it strengthened her passion for finding practical, compassionate solutions that prioritise her clients’ best interests. At EMFL, Nura works closely with individuals and families to help them navigate divorce, property settlements, and parenting arrangements. She is a skilled communicator and listener who takes the time to understand her clients’ circumstances and concerns, providing advice that is clear, empathetic, and tailored to their unique situation. Beyond her legal expertise, Nura values building genuine relationships with her clients. She believes that trust, openness, and empathy... - Published: 2025-07-29 - Modified: 2025-09-15 - URL: https://edwardsfamilylawyers.com.au/thank-you-for-scheduling/ THANK YOU Our office will contact you shortly Speak with our Family Law Specialists: North Sydney: Suite 10-02, 65 Berry StreetNorth Sydney, NSW 2060 +61 2 8920 3422 office@edwardsfamilylawyers. com. au Site Map About Us Initial Consultation Articles Contact Us Family Law Useful Links No Fault Divorce Our Team De Facto Relationships Family Law Services Divorce and Separation FAQs Mediation Services Negotiation and Resolution Parenting and Children Property Settlement Liability limited by a scheme approved under Professional Standards LegislationWe acknowledge the Cammeraygal and Gadigal people being the traditional owners of the land on which we work and their elders past and present. - Published: 2025-07-29 - Modified: 2025-09-15 - URL: https://edwardsfamilylawyers.com.au/thank-you/ THANK YOU Our office will contact you shortly Speak with our Family Law Specialists: North Sydney: Suite 10-02, 65 Berry StreetNorth Sydney, NSW 2060 +61 2 8920 3422 office@edwardsfamilylawyers. com. au Site Map About Us Initial Consultation Articles Contact Us Family Law Useful Links No Fault Divorce Our Team De Facto Relationships Family Law Services Divorce and Separation FAQs Mediation Services Negotiation and Resolution Parenting and Children Property Settlement Liability limited by a scheme approved under Professional Standards LegislationWe acknowledge the Cammeraygal and Gadigal people being the traditional owners of the land on which we work and their elders past and present. - Published: 2024-10-25 - Modified: 2025-09-15 - URL: https://edwardsfamilylawyers.com.au/annalisse-diab-divorce-lawyer-sydney/ Annalisse DiabFamily Lawyer Annalisse approaches her role with both by an empathetic ear, and pragmatism. With a history of working with complex family situations, Annalisse aims on resolving issues as they arise, and ensuring that her client’s interests are protected, whilst also providing them with the reassurance and comfort that they need, to feel supported during tough times. Annalisse has successfully represented clients in a range of Family law matters including complex parenting matters, relocation cases, urgent recovery applications, property settlements and divorce. With a history of working in litigation across varying jurisdictions, Annalisse has experience in appearing especially before the Federal Circuit and Family Court of Australia, across the various registries, including both in NSW and interstate. Prior to joining Edwards Moloney Family Lawyers, Annalisse was an associate at a boutique family law firm in Sydney. Prior to this, Annalisse volunteered with the Domestic Violence Unit at Legal Aid, where she saw first hand the importance of both being strong for your clients, but also providing them with the security to move forward. Our Family Law ServicesCONTACT US We are a leading family law firm in Sydney with over 30 years of award-winning experience in matters relating to complex family law matters. We are a full-service family law firm with a rich history of helping clients with complex property settlements, divorce law, divorce negotiations, child custody and mediation services. Our law firm has a strong focus on providing expert specialist advice relating to Family Law following the breakdown of... - Published: 2023-06-08 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/navigating-superannuation-in-divorce/ Superannuation and Divorce: Navigating Division in Family LawIn the event of a divorce or separation, superannuation may be considered an important asset under Australian family law. It may be treated similarly to other property and financial resources, but unlike other assets, superannuation is subject to legal regulations and typically cannot be accessed until retirement. For separating couples, decisions may need to be made regarding how to handle superannuation—whether to split it, defer its division, or leave it unchanged. These decisions may depend on the specific financial circumstances of both parties, their future retirement needs, and their contributions during the relationship. Cases involving self-managed super funds (SMSFs) may add another layer of complexity, often requiring tailored legal and financial advice. Legal professionals may guide clients through this process, helping to ensure a fair division of superannuation assets while considering long-term financial security.  Superannuation as a Divisible Asset in Divorce Superannuation may be one of the significant financial assets considered during the division of property in a divorce or separation. Unlike other assets, superannuation is held in a trust and generally cannot be accessed until retirement age. Despite these restrictions, Australian family law treats superannuation as a divisible asset, meaning it may be divided between the parties, even if it is not immediately accessible. The division may not be automatic; it may require careful consideration of each party’s financial situation, contributions, and future needs. Family law courts may assess superannuation alongside other assets when determining property settlements, aiming to ensure that both... - Published: 2023-06-08 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/family-law-mediation-how-it-works/ Family Law Mediation – A Collaborative Approach to Resolving DisputesFamily law mediation provides an alternative approach to litigation for resolving disputes, including child custody, financial settlements, and property division. A neutral third-party mediator facilitates open dialogue, helping participants negotiate agreements that aim to meet the interests of all parties. Family Dispute Resolution (FDR), a common form of mediation, can encourage cooperation and may help resolve disputes outside of court. Mediation is aimed at being cost-effective, confidential, and supportive of ongoing relationships, particularly for co-parenting. At EM Family Law, our accredited family law specialists offer guidance to help clients understand their rights and make informed choices throughout the process.  What is Family Law Mediation? Family law mediation is a structured process that supports separating couples or family members in negotiating resolutions to their disputes. A mediator, acting as an impartial third party, assists participants in discussing issues and finding solutions. The process is aimed at reducing conflict and encouraging cooperation as an alternative to litigation. Participants have more input in the outcomes, as opposed to court proceedings where a judge issues binding decisions. This form of dispute resolution is commonly applied to family law matters such as parenting arrangements, financial settlements, and property division. Mediation aims to support direct communication, potentially reducing misunderstandings and facilitating future cooperation, particularly when ongoing relationships, like co-parenting, are involved. Allows parties to have input into outcomes instead of relying on a judge’s decision Applicable to various issues, including parenting arrangements, property, and financial matters May... - Published: 2023-06-08 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/de-facto-domestic-relationships-australia/ De Facto Relationships in Australia: Legal Rights and ObligationsIn Australia, de facto relationships are governed by the Family Law Act 1975, which outlines the rights and responsibilities for individuals in these relationships. The law provides guidelines for de facto couples regarding property division, financial support, and matters relating to children.  Understanding De Facto Relationships under Australian Law A de facto relationship in Australia refers to a couple who live together on a genuine domestic basis without being legally married. Under the Family Law Act 1975, de facto couples have rights and obligations similar to those of married couples, including property division, financial support, and parenting responsibilities. The law applies to both same-sex and opposite-sex relationships to provide individuals in de facto relationships with legal protections in the event of separation. This recognition offers legal protections for individuals regarding financial and property rights following a relationship breakdown. For the court to consider a couple as being in a de facto relationship, several key factors must be met. The length of the relationship, shared finances, and cohabitation are considered important criteria. Additionally, courts may examine whether the couple has children together and how they are perceived by their family and community. These criteria are not exhaustive, so relationships that do not meet every factor may still qualify as de facto under the law. Key Points: A de facto relationship may apply to same-sex and opposite-sex couples. The Family Law Act 1975 gives de facto couples similar rights to married couples in property,... - Published: 2023-06-08 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/understanding-child-custody-arrangements/ Child Custody Arrangements in Family Law: Prioritising the Best Interests of the ChildNavigating child custody arrangements during separation can be challenging, with the child’s best interests being a key consideration. Many parents may resolve custody issues through informal agreements or consent orders. However, mediation or Family Court intervention may be required if disputes arise. The court considers various factors when determining parenting orders, including each parent’s ability to provide care and the child’s safety and well-being. At EM Family Law, our accredited family law specialists may assist families in establishing practical, child-focused arrangements to help ensure stability during difficult transitions.  Types of Child Custody Arrangements Child custody arrangements may vary depending on the family’s circumstances and the child’s needs. The most common types may include shared care, primary care, and sole custody. Shared care arrangements may involve the child spending significant time with both parents, promoting balanced involvement in their upbringing. These arrangements may work well when parents live close to each other and maintain good communication. Primary care generally means the child resides mainly with one parent, with the other parent granted scheduled time or contact. Sole custody may be awarded when one parent is deemed unfit due to concerns such as neglect, substance abuse, or family violence. Parents may formalise their arrangements through consent orders, which confirm agreed terms without requiring court intervention. These orders may provide clarity and help ensure both parties adhere to the agreed parenting plan. Informal arrangements may also be sufficient if both parents... - Published: 2023-06-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/family-law-separation-rules-australia/ Marriage Separation: Legal Guidance and Practical StepsSeparation can be a challenging experience for couples, presenting both emotional and practical considerations. In Australia, the law requires a 12-month separation period before a divorce application can be filed, though the separation itself does not have a formal legal process. While no official documentation is needed to separate, it is important to consider the legal and financial implications that may arise during this time. Key considerations include the timing and circumstances of the separation, management of property and finances, and arrangements for children. Establishing clear agreements and proper documentation may help reduce disputes during divorce proceedings. EM Family Law, a team of accredited family law specialists, provides guidance and support throughout the separation process. Whether navigating complex legal matters or managing family arrangements, experienced legal assistance can make the process more manageable and help protect the interests of all involved.  Proving Separation Before Divorce In Australia, a key requirement for filing for divorce is demonstrating that you have been separated from your spouse for at least 12 months. Proving separation can be complex, especially when couples continue to live under the same roof due to financial or childcare arrangements. In such cases, additional evidence may be needed to show that, despite living together, the marital relationship has ended. This may include establishing changes to sleeping arrangements, finances, and household duties. Courts may also request corroborative evidence from friends or family members to confirm the separation date. Establishing the separation date is essential for... - Published: 2023-06-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/the-first-time-tips-for-choosing-a-lawyer-during-a-separation/ When going through a separation, it is crucial to find a lawyer with experience in family law, as this area can be complex and requires specialised knowledge. EM Family Lawyers, a Sydney-based firm, understands the importance of having an experienced family lawyer to handle your case effectively. An experienced family law lawyer will be familiar with the Family Court system and have established relationships with judges and other lawyers in the area. Choosing the Right Family Lawyer During SeparationSelecting an appropriate lawyer during a separation can help in reaching a suitable legal outcome for you and your family. The process of separation can involve complex and emotionally challenging considerations, often requiring attention to both legal and personal factors. A lawyer experienced in family law and with a thorough understanding of the Family Court system may be beneficial. Additionally, their approach should align with your specific needs, whether that involves an assertive approach or a more collaborative stance. Building a relationship based on trust, open communication, and transparency around fees may assist in ensuring a smoother legal process. At EM Family Law in Sydney, we are accredited specialists in family law and provide legal advice tailored to individual circumstances.    The Importance of Experience in Family Law When facing a separation, having a lawyer with experience in family law can influence the handling of your case. Experienced lawyers bring knowledge of legal processes and can assist in navigating complex situations. Their familiarity with the Family Court system may help in identifying and addressing potential challenges, which can support a more efficient process. Furthermore, an experienced family lawyer will have dealt with a variety of cases, allowing them to draw on past experiences to assist in addressing your specific circumstances. They can advocate on your behalf during settlement discussions, aiming to achieve a resolution that considers your interests and those of any children involved. Moreover, their established reputation in family law may facilitate negotiations... - Published: 2023-06-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/property-settlements-divorce-fair-outcome/ Divorce can be a difficult and emotional process, and property division can add an extra layer of complexity. In Australia, the Family Law Act 1975, oversees the property settlement process, promoting a fair and equitable outcome for all parties involved. However, navigating this process can be particularly challenging during uncertain times, such as the current unpredictable state of the housing market. Understanding Property Settlements in Divorce: Navigating Complexities in the Australian Housing MarketProperty settlements during divorce can be complex, particularly within the fluctuating Australian housing market. With fluctuations in property values and rising interest rates, it is important for individuals undergoing separation to understand how these economic factors may influence asset division. Seeking advice from family law specialists and financial advisors can help achieve a fair and equitable outcome in property settlements.  The Impact of the Australian Housing Market on Property Settlements The Australian housing market is subject to volatility, which can influence property settlements during divorce. Fluctuations in property values may occur due to factors such as economic conditions, changes in interest rates, and shifts in demand and supply dynamics. These variations can cause the value of marital assets to change within a short period. For individuals navigating divorce, understanding current market trends is important. It can assist in making informed decisions about the division of assets, as property valuations should reflect current and accurate information. Market volatility can create additional pressure during negotiations, as both parties may have different views on the property’s value. This situation can lead to disputes, highlighting the importance of engaging qualified professionals for thorough property valuations. Certified valuers can provide objective assessments, helping both parties understand the value of their assets. Understanding the market landscape can help individuals prepare for negotiations and work toward equitable settlements. Key Points: Property values can fluctuate, affecting the total asset pool available for division. Understanding current market trends... - Published: 2022-11-11 - Modified: 2026-08-19 - URL: https://edwardsfamilylawyers.com.au/ North Sydney family lawyers with 40+ years’ experience. Divorce, parenting, property settlement, and family law services for clients in North Sydney and Sydney. Leading Family Lawyers in Sydney for: Property Settlement Divorce & Separation Parenting & Child Custody Mediation & NegotiationsDispute Resolution Quick Call Contact us Request a Call Back Name0 / 50Phone Number0 / 12Email Address *Preferred TimeMorningNoonAfternoonSendEdit form North Sydney's Family Law & Divorce Experts FRANCES EDWARDS Founding Partner Accredited Specialist in Family LawQualified MediatorBachelor of LawsBachelor of EconomicsPractising since 1986 ABOUT FRANCES: Frances has over 35+ years of success in complex family law matters and Frances is one of Sydney’s most senior, experienced, and respected Family Lawyers. As the founding Partner and most experienced senior solicitor of Edwards Moloney Family Law, Frances has nurtured and developed a legal team that can handle the most complex matters. Frances has been a Law Society of NSW Accredited Family Law Specialist for 30 years, is a member of the Family Law Section of the Law Council of Australia and was admitted to practice in 1986 Frances has specialised knowledge and experience in all aspects of Family Law matters including separation and divorce, property settlement, family law dispute resolution, finalisation of Family Law settlements including... Full profile MICHAEL MOLONEY Partner Accredited Specialist in Family LawBachelor of LawsBachelor of ArtsMaster of Laws Commercial LitigationPractising since 2006 ABOUT MICHAEL: Michael is a Law Society of NSW Accredited specialist Leading Family Solicitor in Sydney. This combined with his commercial litigation experience and completion of a Masters of Laws in Commercial Litigation, means he is well equipped to handle complex matters as he draws on experience in other... - Published: 2021-06-04 - Modified: 2025-06-28 - URL: https://edwardsfamilylawyers.com.au/team-north-sydney-family-lawyers/tilly-herbert-smith/ Tilly Herbert-SmithAssociate Lawyer - Family LawyerTilly is a motivated family lawyer whose experience includes practising in a Family Law team within a national law firm as well as boutique specialist Family Law firms. TILLY HERBERT SMITH Associate Lawyer Bachelor of Laws (Hons)Law Society of New South Wales (Member)Practising Since 2019 Tilly has experience in negotiation, mediation and litigation in a broad range of Family Law matters, ranging from complex property proceedings involving litigation in multiple jurisdictions to financial agreements with an international component, high-conflict parenting matters, international relocation, recovery orders and domestic violence proceedings. Tilly has guided many of her clients to successful out-of-court resolutions through her collaborative approach and is committed to providing her clients with expert legal advice and compassion that will reduce time, legal expenses and the emotional toll of separation.    Tilly’s firm commitment is to resolve matters expeditiously, cost-effectively and without unnecessarily resorting to litigation. Tilly’s passion for Family Law arises from her keen sense of empathy and her desire to help people achieve a solutions-driven outcome during a difficult period of their lives. Tilly holds a Bachelor of Laws (Hons) from the Australian National University. Tilly has practised in Family Law as a paralegal since May 2018 and was admitted as a solicitor in 2019; she is a member of the Law Society of New South Wales and the Family Law Section of the Law Council of Australia. Our Family Law ServicesCONTACT US We are a leading family law firm in Sydney with over... - Published: 2021-03-04 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/the-family-law-process-covid-19/ Division of Superannuation and Pension Assets in Divorce: Understanding Your RightsThe COVID-19 pandemic led to changes within Australia’s Family Law system, prompting a shift towards technology-based practices. Courts adapted to remote proceedings, digital filings, and addressed an increase in family violence and parenting disputes associated with lockdowns.  Modernisation of Family Law Court Processes The COVID-19 pandemic prompted a significant shift in the way Australia’s Family Law courts operated. The traditional face-to-face court system transitioned to digital processes, including remote hearings and electronic document filing. Courts adopted telecommunication platforms to conduct hearings and mediations, allowing cases to proceed without in-person attendance. This shift enabled the court system to function during lockdowns and increased accessibility, particularly for individuals in rural or remote areas. The use of digital infrastructure became a core part of legal proceedings, reducing travel costs and time constraints for clients and practitioners. As the pandemic continued, it became clear that some technological advancements would remain in place. The success of remote hearings and digital filings led to the integration of these practices into the family law system. This modernisation has contributed to greater efficiency in the court process, potentially reducing backlogs and allowing for more timely resolutions of family law matters. However, the shift also posed challenges for individuals without access to reliable technology or a stable internet connection, highlighting issues of digital inequality within the legal process. Remote hearings and digital filings contributed to the modernisation of the family law process. Increased accessibility, particularly for individuals in rural... - Published: 2021-01-15 - Modified: 2025-07-04 - URL: https://edwardsfamilylawyers.com.au/team-north-sydney-family-lawyers/lachlan-jackson/ Lachlan JacksonPartner Accredited Family Law SpecialistLachlan is a Partner at Edwards Moloney Family Law having first joined the firm in 2018. Lachlan is a Law Society Accredited Specialist in Family Law and has worked exclusively in the area of Family Law since 2011. In that time, he has accumulated a wealth of knowledge and appreciation for the expertise required in Family Law. Accredited Family Law Specialist Lachlan Jackson is an accredited Family Law Specialist. In the legal profession an Accredited Specialist is a practising solicitor who has demonstrated specialised competence in a particular area of law and has been conferred Specialist Accreditation by the Law Society under its Specialist Accreditation Scheme. Edwards Moloney Family Law is a highly experienced specialist family law firm that has multiple accredited specialists working out of our offices in Sydney CBD and North Sydney. Lachlan has successfully represented clients involved in all aspects of Family Law, including property settlements, separation and divorce, maintenance, de facto relationships, financial agreements (including pre-nuptial, cohabitation and separation agreements), parentage (paternity) disputes, acrimonious parenting matters, relocation, and child support. He has a focus on achieving commercially sound results for his clients in a way that is both economical and cost-effective. Lachlan has experience in complex property matters including those involving third parties, sham transactions, overseas assets, multiple expert witnesses and valuation disputes, corporate entities, trusts, cross collateralisation, liquidation, and taxation issues. Where litigation is necessary, Lachlan has extensive experience preparing for and presenting cases to the Federal Circuit and Family... - Published: 2020-04-03 - Modified: 2025-08-28 - URL: https://edwardsfamilylawyers.com.au/stephanie-luong/ STEPHANIE LUONG Stephanie is in her penultimate year of a Bachelor of Communications (Social and Political Sciences) and a Bachelor of Laws at the University of Technology Sydney. Stephanie has extensive experience as a Law Clerk and Paralegal having worked in law firms since August 2017 in the areas of conveyancing and family law. She is a quick learner with a good eye for detail. Stephanie works closely with our professional staff to ensure all documents are able to be easily accessed as and when required without delay. STEPHANIE LUONG Paralegal Our Family Lawyers are here to help We navigate legal issues for our clients with empathy and a deep understanding of the associated stresses and implications. We can help you, like we have helped many clients in Sydney. Edwards Family Lawyers is committed to providing expert advice on all areas of Family Law following the breakdown of your marriage or de facto relationship, including same-sex relationships. Speak with our Family Law Specialists: North Sydney: Suite 10-02, 65 Berry StreetNorth Sydney, NSW 2060 +61 2 8920 3422 office@edwardsfamilylawyers. com. au Site Map About Us Initial Consultation Articles Contact Us Family Law Useful Links No Fault Divorce Our Team De Facto Relationships Family Law Services Divorce and Separation FAQs Mediation Services Negotiation and Resolution Parenting and Children Property Settlement Liability limited by a scheme approved under Professional Standards LegislationWe acknowledge the Cammeraygal and Gadigal people being the traditional owners of the land on which we work and their elders past and... - Published: 2020-03-20 - Modified: 2020-04-03 - URL: https://edwardsfamilylawyers.com.au/ncovid19-announcement/ COVID-19 AnnouncementWith much uncertainty around the full impact and duration of COVID-19, we would like to assure our clients and potential clients that we are taking all necessary steps to keep our employees and clients safe. In order to protect the greater community, we will be conducting video conferences wherever possible however, should it become necessary to attend our offices, we would like to inform you that our building undergoes regular deep cleaning and sanitising throughout the day. Further to this, we have implemented no hand shaking and social distancing measures, regular sanitising of all surfaces in meeting rooms, and access to hand sanitising for all employees and visitors to help ensure that we continue to uphold the recommendations by health authorities. The Family Court of Australia and Federal Circuit Court have now put in place operational changes, with only urgent and priority matters being a focus for the courts, which will no doubt cause further delays. Where possible, it may now be necessary to consider to look to family law mediation as a means to resolve matters in a far more timely and cost effective manner. As Frances Edwards is a Nationally Accredited Mediator and Family Law Accredited Specialist, she will be able to assist parties with this by conducting mediations both in our conference rooms and by video link. Whilst we are fully operational, telecommunication providers are experiencing strain on their systems due to the COVID-19 crisis. Therefore, if you are unable to get through to us on... - Published: 2019-04-11 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/child-surname-dispute-family-law/ Child’s Surname Disputes – Resolving Naming Conflicts with Expert GuidanceDisputes over a child’s surname may arise following separation or when parents have differing views about the child’s name or its significance. Under the Family Law Act 1975 (Cth), decisions relating to a child’s name fall under parental responsibility, which is typically shared equally by both parents, unless otherwise ordered by the Court. If parents cannot agree on naming matters, Family Dispute Resolution (FDR) is usually required before seeking a Parenting Order from the Court. The Court will assess the child’s welfare and best interests, considering factors such as the child’s emotional well-being, the relationship with each parent, and the child’s future stability. At EM Family Law, we provide legal guidance to parents navigating these disputes. We assist clients in resolving disagreements, whether through mediation or the Court system, aiming to ensure decisions that prioritise the child’s well-being and encourage cooperative parental relationships.  Parental Responsibility and the Role of Naming Rights Parental responsibility refers to the legal duty of parents to make significant decisions in a child’s life, including those related to the child’s name. In Australia, unless the Court orders otherwise, both parents generally retain equal parental responsibility after separation, meaning that any change to the child’s surname typically requires agreement from both parents. Unilateral changes to a child’s name without the other parent’s consent may not be legally valid and can lead to further disputes. The child’s surname can be an important aspect of their identity, reflecting a connection... - Published: 2019-01-30 - Modified: 2025-08-28 - URL: https://edwardsfamilylawyers.com.au/julia-davies-paralegal/ JULIA DAVIES Julia was the recipient of a “First Year High Achievers” Award for placing in the top 80 students out of 700 in her first year. Julia has been invited to join the Golden Key Honour Society for being in the top 15% of students in her cohort. Julia’s role at Edwards Family Lawyers is to assist the family lawyers particularly in complex matters including drafting the balance sheet, schedules of effect of various outcomes and drafting correspondence and court documents. Julia has demonstrated excellence in investigating and identifying gaps in financial disclosure material due to her attention to detail. Julia has an in-depth knowledge of the Family Law jurisdiction and the court processes from both a legal and administrative perspective. Julia has a breadth of experience ranging from litigating parenting matters including urgent applications for the recovery of children (which were successful), matters involving international relocation and high conflict matters to complex property matters involving intricate corporate structures, valuation and joinder issues. Julia also has significant experience assisting in mediations and negotiations in order to settle matters without Court intervention. Julia’s ability to grasp complex issues means that she is able to assess her cases and assist the family lawyers to bring about a cost-effective resolution to Edwards Family Lawyer’s clients. Julia has compassion and an understanding of the difficulties faced by Family Law clients who are going through a separation, and is dedicated to making the process as streamlined as possible and to achieve the best outcomes... - Published: 2018-11-12 - Modified: 2025-08-04 - URL: https://edwardsfamilylawyers.com.au/articles/ ARTICLES The Family Law Process – COVID-19 It is trite to say COVID-19 has affected the whole world and almost every industry. The Family Law system in Australia is no exception. When the Commonwealth government started rolling out restrictions in response to COVID-19, the Honourable Chief Justice and Judge of the already under resourced, under-financed and overworked Family Court and Federal Circuit Court of Australia. Read MoreWhat happens when there is no agreement on the child’s surname? The Family Law Act gives each parent parental responsibility for their children, which includes all of the duties, powers, responsibilities and authority which, by law, parents have in relation to children. It is clear that one such area of authority is the capacity to give the child a name. Indeed, parents are under an obligation to name their children both by operation of local statute and international law. Read More“50/50” – What does it Really Mean After a Separation? Frances Edwards, an accredited family law specialist at the firm, Edwards Family Lawyers, is of the view that the family law reforms regarding parenting arrangements for families after separation have lead to confusion, misconception and, in some cases, unnecessary litigation. Read MoreChildren Behaving Badly: Estrangement & Family Provision Claims It is often a strongly held community view that in circumstances where a child is estranged from their parents, or has behaved badly toward them, that parent is entitled to leave that child out of their Will, or reduce any provision they may otherwise have... - Published: 2018-11-08 - Modified: 2025-08-28 - URL: https://edwardsfamilylawyers.com.au/family-law-services/ Family Law Services Edwards Family Lawyers is committed to providing expert advice on all areas of Family Law following the breakdown of your marriage or de facto relationship, including same-sex relationships. Separation and Divorce De Facto Relationships Same Sex Relationships Property Settlements Consent Orders Binding Financial Agreements (after separation) Spousal Maintenance Parenting Plans Parenting Orders Children’s Living Arrangements Child Support Agreements Adult Child Maintenance International and Domestic Child Abduction Family Violence Issues Recovery Orders Exclusive Occupation Orders Injunctions Negotiation, arranging and attending Mediation and Settlement Conferences Finalising all Family Law Settlements Representation in the Family Court of Australia, Federal Circuit Court and State Courts where appropriate Our Family Lawyers are here to help We navigate legal issues for our clients with empathy and a deep understanding of the associated stresses and implications. We can help you, like we have helped many clients in Sydney. Speak with our Family Law Specialists: North Sydney: Suite 10-02, 65 Berry StreetNorth Sydney, NSW 2060 +61 2 8920 3422 office@edwardsfamilylawyers. com. au Site Map About Us Initial Consultation Articles Contact Us Family Law Useful Links No Fault Divorce Our Team De Facto Relationships Family Law Services Divorce and Separation FAQs Mediation Services Negotiation and Resolution Parenting and Children Property Settlement Liability limited by a scheme approved under Professional Standards LegislationWe acknowledge the Cammeraygal and Gadigal people being the traditional owners of the land on which we work and their elders past and present. - Published: 2018-11-07 - Modified: 2026-05-13 - URL: https://edwardsfamilylawyers.com.au/contact-us/ CONTACT US We are a leading family law firm in Sydney with over 30 years of award-winning experience in matters relating to complex family law matters. We are a full-service family law firm with a rich history of helping clients with complex property settlements, divorce law, divorce negotiations, child custody and mediation services. Our law firm has a strong focus on providing expert specialist advice relating to Family Law following the breakdown of your marriage or de facto relationship. Call Us Schedule a call back Name0 / 50Phone Number0 / 12Email Address *Message0 / 300SubmitEdit form Travel Directions We are within 5 to 10 minutes walking distance from North Sydney train station.   Bus: We are within 2 minutes walking distance from Miller Street, a main bus hub in North Sydney and 4 minutes from Pacific Highway. Parking: There is limited street parking available near our building. There is some metered parking in Miller Street. Parking Stations near 65 Berry Street, North Sydney: Our building has a Wilson Carpark facility. The building carpark can be accessed via Denison Street. Secure Parking – Berry Square, North Sydney access via Little Spring Street Greenwood Plaza – access via Pacific Highway, then a short walk to our office. Contact Form Name0 / 50Phone Number0 / 12Email Address *Message0 / 300SubmitEdit form Contact Information  Holiday Trading Our office will be unattended from 23rd December, reopening on 7th January. Please feel free to email us or use our contact form during this time, and... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/conscious-uncoupling-guide/ Conscious Uncoupling: Amicable Separations with DignityConscious uncoupling refers to an approach where a relationship ends with an emphasis on minimising conflict and ensuring respectful communication. This approach may be considered by some couples when children are involved, as it aims to address their emotional and psychological needs during a challenging time. By fostering communication and understanding, couples may navigate their separation in a way that can help minimise conflict and facilitate cooperative parenting. Family law principles under Australia’s Family Law Act emphasise that the best interests of the child should be the primary focus in family law matters, including those involving separation. Clients may choose to explore dispute resolution options, such as mediation, during separation, which can help address family law matters. This approach may facilitate property settlements and support co-parenting arrangements post-separation for some couples.  Understanding Conscious Uncoupling Conscious uncoupling is an approach to separation that encourages compassion, communication, and cooperation. The concept, which gained attention after a widely publicized separation, suggests that couples approach their separation in a cooperative manner. It focuses on the future while maintaining respect for the past relationship, aiming to avoid animosity. This approach may be helpful in situations where children are involved, as it may reduce emotional distress compared to other methods of separation. By maintaining respect, parents may set an example for their children regarding cooperative behaviour during personal challenges. Encourages respectful communication. Suggests that couples focus on future outcomes while respecting the past. May help reduce emotional distress for children and... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/family-lawyers-sydney-international-child-abduction/ Hague Convention on International Child Abduction and Human Rights: Key Legal Principles and ImplicationsThe Hague Convention on International Child Abduction seeks to facilitate the prompt return of children abducted across borders and aims to restore custody rights to the appropriate jurisdiction. However, the European Court of Human Rights (ECHR) has provided further clarification on how decisions under the Convention should align with broader international human rights principles. The ECHR’s decision in Neulinger & Shuruk v. Switzerland highlighted the importance of considering the child’s welfare and family life, requiring courts to assess the child’s best interests at the time of the hearing. This ruling may influence future cases by balancing the need for prompt returns with considerations of individual human rights.  Overview of the Hague Convention on International Child Abduction The Hague Convention on International Child Abduction was introduced to address the issue of children being unlawfully removed or retained across international borders. It provides a legal mechanism to facilitate the return of children to their habitual residence, helping maintain the jurisdiction of the home country’s courts to resolve custody matters. This aims to prevent the misuse of cross-border moves in custody disputes. The Convention seeks to restore the child to their pre-abduction environment to support continuity and stability in the child’s life. The Convention applies to children under the age of 16 and only between countries that are signatories. Its focus is on ensuring that the child is returned to the appropriate legal system to resolve custody matters. Strict timelines... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/parenting-arrangements-property-settlements/ Understanding Family Law: Parenting Arrangements and Property SettlementsAt EM Family Law, we provide legal advice on parenting arrangements and property settlements following separation, with the aim of offering clients guidance during what can be a challenging time. As accredited specialists in family law, we are equipped to help clarify common misconceptions, providing information to assist in decision-making. Our services consider the best interests of the children involved, recognising the importance of an environment supportive of their well-being. We also focus on equitable treatment for both parties in asset distribution, approaching settlements with a commitment to fairness. By promoting informed negotiation over contentious litigation, we strive to help reduce stress and support a collaborative approach to dispute resolution. Our approach promotes open communication and cooperation, assisting clients in reaching agreements that consider their individual circumstances and needs. At EM Family Law, we aim to provide legal support that addresses immediate concerns and future considerations.  Parenting Arrangements After Separation Parenting arrangements after separation can involve a range of considerations and complexities. There is a common misconception that equal shared parental responsibility requires the child to spend equal time with both parents. However, the law considers 50/50 time-sharing only if it aligns with the child’s best interests. Equal shared parental responsibility simply means that both parents have a joint role in making major decisions about the child’s welfare, including aspects like education, health, and overall development. The actual time spent with each parent depends on the child’s individual needs, the parents’ ability to... - Published: 2018-11-07 - Modified: 2025-06-30 - URL: https://edwardsfamilylawyers.com.au/family-lawyers-sydney-facebook-family-law-paternity/ Facebook, Family Law and PaternityAustralian Courts are keeping up with technological advances. The most popular social networking site, Facebook, currently with 500 million active users, has recently been used by the Federal Magistrates Court as a tool for serving legal documents. In the April 2010 decision of Byrne & Howard, Federal Magistrate Stuart Brown allowed a paternity test order to be served via Facebook upon a man, who is the alleged father in child support proceedings. Multiple attempts to contact the alleged father, and to personally serve the legal documents were unsuccessful. Process servers were unable to locate the man to deliver the legal documents and letters were sent to him and to his parents’ and current girlfriend’s residences, but no reply was forthcoming. The alleged father of the child proved easier to locate on Facebook, but has since closed his profile on Facebook after the documents were served. Frances Edwards, an accredited family law specialist at the North Sydney firm, Edwards Family Lawyers said today: “This is only the second time that an Australian Court has ordered service of legal documents via Facebook and while we should see more cases like this in the future, it remains a substitute method of service to personal service. ” ► Negotiation & Resolution► Property Settlement► Parenting & Children► Initial Consultation► FAQ► Family Law Useful Links► When can i get divorced? ► No fault divorceOur Family Lawyers are here to help We navigate legal issues for our clients with empathy and a deep... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/family-lawyers-sydney-applications-exclusive-occupation/ Exclusive Occupation of the Matrimonial Home under Family LawWhen a relationship ends, both spouses are generally entitled to remain in the matrimonial home until a property settlement is finalised. However, this arrangement can lead to disputes, especially in cases where the relationship has become hostile. If one spouse seeks sole occupation of the home, they may apply for an Exclusive Occupation Order under the Family Law Act 1975. The Court considers several factors, including the relationship between the parties, financial circumstances, and any history of violence. It is advisable to seek legal advice on this matter.  Living Arrangements After Separation When a relationship ends, both parties generally retain the right to remain in the family home until a property settlement is agreed upon or determined by the Court. This arrangement can create a challenging living situation, especially if tensions are high. One party may feel uncomfortable or unsafe living under the same roof as the other. These situations may escalate without proper guidance, potentially leading to disputes. Given these challenges, it is important for both parties to understand their rights and responsibilities regarding the matrimonial home. Open communication, mediation, or legal intervention may help resolve conflicts and support a smoother separation process. Seeking legal advice can clarify each party’s rights and responsibilities and assist in determining a way forward. Both parties generally retain the right to remain in the home. Courts generally discourage actions such as changing locks without consent. Open communication and legal assistance are often encouraged to help... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/second-marriages-family-provision-claims/ Navigating Second Marriages and Family Provision Claims in Estate LitigationEstate disputes involving the surviving spouse of a second marriage and the children from a deceased’s first marriage can arise, particularly under the Succession Act 2006 (NSW). These cases may involve balancing the provision for a surviving spouse with the interests of children from a previous marriage, often resulting in complex legal considerations. Courts assess these disputes based on factors such as financial needs, relationships, and the size of the estate. Outcomes depend on specific case details, underscoring the importance of thorough estate planning to help mitigate potential conflicts and support fair provision for all parties.  Legal and Social Expectations Legally and socially, there is an expectation that a testator may provide adequately for their surviving spouse, which may include secure accommodation and/or income to support their accustomed lifestyle. Under the Succession Act 2006 (NSW), a surviving spouse may have a significant claim on their deceased spouse’s estate, often recognised by the courts as a primary beneficiary. This expectation arises from the commitment made within the marriage and the shared financial and personal contributions over the course of the relationship. However, a challenge may arise in determining whether it is appropriate to make exclusive provisions for the spouse, potentially impacting the inheritance available for children from a previous marriage or relationship. Courts are often tasked with balancing these competing claims, weighing factors such as the financial needs of the surviving spouse, the relationship dynamics within the family, and the obligations owed... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/parenting-orders-watch-list-child-abduction-sydney/ Watch List Orders: Protecting Children from International AbductionWatch List Orders, also known as Airport Watchlist Orders, are a legal mechanism to prevent a parent from unlawfully removing a child from Australia without the other parent’s consent.  Understanding Watch List Orders Watch List Orders are intended to prevent the international travel of a child without the consent of both parents. These orders are significant in cases where there are concerns about a parent’s intentions or the potential risk of child abduction. The primary goal is to ensure that a child remains within the country until disputes regarding custody or travel are resolved. Such orders may be sought in circumstances where there is a history of concerning behaviour from a parent, such as threats of abduction or previous attempts to take the child overseas without permission. These orders are enforced through an alert system at airports and border control, preventing the child from leaving the country without appropriate consent. When a Watch List Order is in place, both parents should understand the legal implications and responsibilities associated with it. The parent applying for the order must demonstrate valid reasons for their concerns, which the court will consider. Courts aim to resolve custody disputes amicably, so any application should be made with the best interests of the child in mind. Summary Points: Watch List Orders aim to protect children from international abduction by preventing unlawful travel. Orders are enforced through alerts at airports and border control. The court must be presented with valid... - Published: 2018-11-07 - Modified: 2025-06-30 - URL: https://edwardsfamilylawyers.com.au/family-provision-estates-estrangement-family-provision-and-estate-claims/ Children Behaving Badly: Estrangement & Family Provision ClaimsIt is often a strongly held community view that in circumstances where a child is estranged from their parents, or has behaved badly toward them, that parent is entitled to leave that child out of their Will, or reduce any provision they may otherwise have made. Regardless of the community’s expectations on the subject, the legal position is a little more complex. Under the Succession Act 2006 (NSW), a child is an eligible person to make a claim for provision, or further provision, from the estate of their late parent. * However, estrangement issues alone do not determine the outcomes of such cases, and ultimately should an estranged child make an application for provision, the ultimate outcome would be highly dependent on the circumstances of the case and factors including but not limited to: The circumstances of the estrangement and behaviour The child/claimant’s financial need The interests and needs of any other competing beneficiaries The wishes of the deceased The size of the estate The nature and extent of any obligation that the deceased person had toward the child, or any other person Whether the child was maintained by the deceased person The health & age of the child Any contribution made by the child to the deceased’s estate Any other matter that the Court considers relevant Recent Supreme Court Decisions In a recent case before the Supreme Court, the plaintiff, being the daughter of the deceased, made a claim for provision against... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/divorce-and-separation-under-one-roof/ Separation Under One Roof – Legal Guide for Couples in AustraliaSeparation under one roof refers to a situation where a couple is considered separated while continuing to live together in the same household. This arrangement may occur due to financial constraints or housing challenges, which can make it difficult for separated partners to move out. This situation may present challenges, especially when applying for a divorce, as couples need to provide evidence that the relationship has irretrievably broken down.   Understanding Separation Under One Roof Separation under one roof refers to a situation where couples live together but consider themselves separated. This arrangement may arise due to various social and economic factors, such as housing costs or financial constraints. In some cases, living apart immediately after deciding to separate may not be possible. Couples residing in the same household may still establish that they are no longer in a relationship. However, proving this to the court when applying for a divorce can be complex, as the court requires evidence that the relationship has ended. To demonstrate separation under one roof, couples may need to provide evidence that they are no longer functioning as a couple, even though they share a residence. This typically involves providing evidence that certain day-to-day aspects of the relationship, such as sleeping arrangements, social activities, and financial responsibilities, have changed. The couple may need to provide evidence that the emotional and practical aspects of their relationship have changed, even if they continue to live in the... - Published: 2018-11-07 - Modified: 2018-11-27 - URL: https://edwardsfamilylawyers.com.au/family-law-sydney-courts-fee-increase/ Family Law Courts Fee Increase Update On 13 July 2015 the government signed and registered the Family Law (Fees) Amendment (2015 Measures No. 1) Regulation 2015, which has resulted in an increase in Family Law Courts fees. Notable increases included: Application for Divorce which has increased from $845 to $1,200. Subpoena filing fees from $55 to $125. New filing fee applicable for any Amended Application of $125. On 12 August 2015 the Family Law Courts announced that the Fee Increase was disallowed in the Senate and the Court’s fees would not be increasing. To see the detailed list of current fees for the Family Court of Australia click here. To see the detailed list of current fees for the Federal Circuit of Australia click here. If you would like more information in relation to obtaining a Divorce please click here. ► Negotiation & Resolution► Property Settlement► Parenting & Children► Initial Consultation► FAQ► Family Law Useful Links► When can i get divorced? ► No fault divorce Our Family Lawyers are here to help We navigate legal issues for our clients with empathy and a deep understanding of the associated stresses and implications. We can help you, like we have helped many clients in Sydney. Contact a Family Lawyer Suite 10-02, 65 Berry StreetNorth Sydney, NSW 2060 +61 2 8920 3422 office@edwardsfamilylawyers. com. au Site Map About Us Initial Consultation Articles Contact Us De Facto Relationships Family Law Services Divorce and Separation FAQs Mediation Services Negotiation and Resolution Parenting and Children Property... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/no-fault-divorce-family-law-sydney/ The Implications of Infidelity in Australian Family LawInfidelity may have implications within the framework of Australian family law, particularly under the “no-fault” divorce principle established by the Family Law Act 1975. While infidelity itself may not typically affect the granting of a divorce or property settlements, it may influence how contributions to the matrimonial asset pool are assessed.  Understanding the "No-Fault" Divorce Principle The “no-fault” divorce principle established by the Family Law Act 1975 allows couples to dissolve their marriage without proving wrongdoing. This means that neither spouse needs to provide evidence of infidelity or other misdeeds to obtain a divorce. The primary requirement is to demonstrate a separation period of at least 12 months, showing that the marriage has broken down. This framework was introduced to simplify the divorce process and reduce the adversarial nature of marital separations, helping parties focus on resolving their differences. While emotional distress from infidelity may be significant, it does not directly affect the legal proceedings for divorce. The court’s focus is on whether the marriage has ended and the duration of separation. Even if one party feels wronged due to infidelity, this does not usually alter the process or outcome of obtaining a divorce in Australia. The emphasis remains on resolving financial and parental arrangements post-separation. Infidelity is not a legal ground for divorce in Australia. The process focuses on the separation period rather than individual behaviours. Emotional impacts may be relevant but do not typically influence divorce eligibility. Infidelity and Property Settlements... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/parenting-plans-vs-parenting-orders/ Parenting Plans vs Parenting Orders – Which is Right for Your Family? When parents separate, establishing clear parenting arrangements is important for supporting the child’s well-being. Under the Family Law Act 1975, two options are available: Parenting Plans and Parenting Orders. Parenting Plans are voluntary agreements that offer flexibility, while Parenting Orders are court orders that are legally binding and provide more structure. Each arrangement has potential benefits and considerations, and parents may want to evaluate their family’s needs, dynamics, and future circumstances when deciding.  What Are Parenting Plans? A Parenting Plan is a written agreement between parents that outlines practical arrangements for their children following separation. These plans are voluntary and are typically based on the cooperation of both parents. Since Parenting Plans are not legally enforceable, they offer flexibility for families who can manage their co-parenting arrangements informally. Parenting Plans are beneficial for parents who are able to communicate, allowing for informal adjustments based on changes in circumstances. These plans may cover areas such as living arrangements, visitation schedules, education, healthcare, and holidays, and can be adjusted as needed to reflect the evolving needs of the children and parents. However, in cases of high conflict or safety concerns, a Parenting Plan may not offer adequate legal protection. Summary Points: Voluntary: Based on mutual agreement and cooperation between parents. Flexible: Easily modified if both parents agree. Best suited for low-conflict situations: Works well when parents can co-parent effectively without court involvement. What Are Parenting Orders? A Parenting Order is... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/overseas-assets-in-family-law-property-disputes/ The Importance of Disclosing Overseas Assets in Family Law Property DisputesDisclosure of overseas assets is an important component in property disputes under family law. Transparency regarding these assets can impact property settlements and court proceedings.  The Need for Transparency in Property Settlements Transparency in property settlements is important, particularly regarding overseas assets. Under Australian family law, both parties are required to disclose relevant financial information, including assets located abroad. This obligation helps ensure that the settlement process is fair, taking into account all resources available to both parties. Non-disclosure of overseas assets can lead to legal consequences, including the possibility of settlements being reconsidered in court. Australian courts place significant importance on full disclosure, and any failure to disclose assets can affect credibility during proceedings. Failure to disclose overseas assets can impact the financial outcome and may have long-term implications on relationships and future dealings. Lack of transparency can lead to mistrust and conflict, complicating negotiations and potentially affecting settlement discussions. Engaging legal assistance from professionals experienced in family law can help ensure compliance with disclosure obligations, guiding clients on accurately reporting assets and helping to mitigate potential legal risks. Key Points Non-disclosure can lead to legal consequences and impact the fairness of the settlement. Full transparency is required under Australian family law. Legal guidance can support accurate asset disclosure. Valuation Disputes and Overseas Assets Valuing overseas assets can be challenging due to differing market conditions, economic climates, and regulatory frameworks across countries. This complexity may lead to valuation disputes,... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/companies-trusts-and-third-parties-in-family-law/ Understanding Companies, Trusts, and Third Parties in Family LawUnderstanding the complexities of family law, particularly when dealing with companies, trusts, and third parties, is an important aspect of property settlements. Assets held by these entities may not be protected in family law proceedings, and it is important to understand the potential implications during a separation or divorce. At EM Family Law, our team of accredited specialists in family law, recognised by the Law Society of NSW, can guide you through these issues, working toward a fair and equitable resolution.  The Role of Companies in Property Settlements When matrimonial assets are held within a company structure, it may seem that these assets are separate from family law claims. However, the Family Court may look beyond the corporate veil to work toward equitable distribution. This means that the Court can consider the company’s assets as part of the overall property pool available for division between the parties. If one party is found to have deliberately concealed assets within a company, the Court may impose orders to address this. This intervention aims to protect the financial interests of both parties in the separation, working to ensure neither party is deprived of a fair share of matrimonial property. Moreover, the Family Court may evaluate the legitimacy of the company structure itself. If it is determined that a company is primarily a facade to conceal assets, the Court may disregard the corporate entity and treat the assets as belonging to the individual. This highlights the... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/when-can-you-get-divorced-australia/ Divorce in Sydney: Essential Information and GuidanceDivorce is a life event that requires understanding of the legal processes involved. In Australia, the Family Law Act 1975 governs divorce proceedings, outlining the necessary steps that couples must take to legally dissolve their marriage. Individuals may file for divorce after 12 months of separation, a timeline that can be maintained even if the couple resides under the same roof. This legal framework helps individuals understand the processes and their rights and responsibilities. For couples married for less than two years, counselling sessions are required to explore reconciliation options before filing for divorce. These provisions aim to foster dialogue and resolution between couples, particularly when children are involved.  Understanding the Divorce Process Divorce in Australia is initiated by filing an application with the Federal Circuit and Family Court of Australia, and there are separation requirements that must be met. A minimum of 12 months separation is required to file for divorce, during which couples may assess their relationship. Separation can occur while living under the same roof if the parties maintain separate lives, including different sleeping arrangements, social interactions, and financial independence. Individuals should document their separation timeline and gather relevant evidence, such as correspondence or witness statements, to support the application. This documentation may be necessary if the divorce is contested. Couples should be aware that financial and parenting matters can complicate the divorce process, which may require clear communication, negotiation, or mediation. Summary Points: A minimum of 12 months separation is... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/how-much-child-support-to-pay/ Child Support Claims: Consultation and Representation Services at EM Family LawEM Family Law offers consultation and representation services for child support claims in Sydney. Our team of accredited specialists understands that child support arrangements may vary depending on individual circumstances, including custody arrangements and parental incomes. We aim to guide parents through the complexities of child support, seeking fair and equitable outcomes.  Understanding Child Support Child support is an important aspect of family law that aims to ensure children’s financial needs are addressed after separation or divorce. It involves various financial responsibilities that parents may share to provide for their children. The amount of child support required may vary depending on factors such as the parents’ incomes, the time each parent spends with the child, and any special needs the child may have. When parents separate, one parent may be responsible for paying child support to the other, usually the parent with whom the child spends most of their time. This arrangement seeks to support the child’s welfare and ensure they receive adequate financial support. The Family Law Act and guidelines from the Department of Human Services play an important role in determining the appropriate level of child support. These guidelines consider both parents’ incomes, the number of children, and the care arrangements in place. If a child spends significant time with both parents, the child support obligations may be adjusted based on this. It is helpful for parents to understand these guidelines, as they provide the basis for fair... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/superannuation-pension-divorce-separation/ Understanding Superannuation and Pension Assets in Divorce or SeparationNavigating the complexities of superannuation and pension assets during divorce or separation may be important for individuals in Australia. These financial interests, whether domestic or international, may impact property settlements. It is important to recognise that superannuation and pension assets may be substantial components of an individual’s financial portfolio, and their treatment under the law may differ from other assets. As specialists in family law, EM Family Law highlights the importance of obtaining appropriate legal and financial advice to support a fair division of assets. By understanding the legal frameworks and financial implications surrounding superannuation and pensions, individuals may be able to make informed decisions that could affect their financial stability.   Overview of Superannuation in Divorce Superannuation may represent a significant financial asset in many marriages, and its treatment in divorce or separation is governed by specific legal frameworks in Australia. It is important to understand that superannuation may not be automatically divided like other assets. Instead, the Family Law Act 1975 allows superannuation to be considered in property settlements. This means that superannuation interests may need to be valued and may be split between parties, which may involve complex considerations regarding the type and value of the fund. There are various types of superannuation funds, including accumulation funds, defined benefit funds, and self-managed superannuation funds (SMSFs). Each type may have unique implications for division, particularly concerning their valuation and potential future growth. For instance, defined benefit funds may require actuarial... - Published: 2018-11-07 - Modified: 2025-06-28 - URL: https://edwardsfamilylawyers.com.au/family-law-services/faq/ FREQUENTLY ASKED QUESTIONS In 2017, Edwards Family Lawyers was recommended in the Doyles Guide as one of the Leading Family and Divorce Law Firms in NSW. FAQWhen you and your spouse have been separated for 12 months, either of you may make an application or you may make a joint application, to the Federal Circuit Court of Australia for a Divorce Order. When the Application is filed, you will be allocated a Court date for your Divorce to be heard by a Registrar of the Court. At the Divorce Hearing, the Court will require proof of the following: Your citizenship or residency status Your marriage Your separation for at least 12 months That your marriage has irretrievably broken down with no likelihood of reconciliation That proper arrangements are in place for any children under 18 That the application has been personally served on your spouse Once the Court is satisfied as to these matters, a Divorce Order will be made which will become final 1 month and 1 day after the divorce hearing. In some circumstances the Court may agree to shorten the time. You will then have 12 months from that date to make an application for property settlement and/or spouse maintenance. Edwards Family Lawyers can assist you to obtain a Divorce by compiling the necessary information, drafting the Application and other documents for the Application, arranging service of the Application upon your spouse, and by appearing on your behalf at the Divorce hearing to obtain the Divorce Order.... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/family-law-useful-links/ Family Useful LinksNavigating family law matters can be complex and challenging. Here are the compiled links to legal resources, professional associations, court information, child support services, and counselling options to assist during this process.   FAMILY LAW COURTS Understanding the court system is vital for effectively navigating family law matters. Below are the key family law courts in Sydney: Family Court of Australia The Family Court of Australia handles complex family law matters, including divorce, child custody disputes, and property settlements. It focuses on resolving disputes in the best interests of children and families. Visit Family Court of Australia Federal Circuit Court The Federal Circuit Court deals with a broad range of family law matters, particularly those that can be resolved more quickly and efficiently. It aims to make the legal process accessible and less formal. Visit Federal Circuit Court Family Court List Sydney This list provides information about cases scheduled to be heard in the Family Court of Australia in Sydney. It is important for parties involved in ongoing cases to stay informed about their hearings. Visit Family Court List Sydney Federal Circuit Court List Sydney Similar to the Family Court List, this list provides details about upcoming cases in the Federal Circuit Court, ensuring that involved parties are aware of their court dates. Visit Federal Circuit Court List Sydney   FAMILY LAW LEGAL RESOURCES Accessing legal resources is crucial for understanding your rights and responsibilities under family law. Here are some essential resources: Recent Family Law Judgements Reviewing... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/family-law-services/family-law-mediation-sydney-services/ Expert Family Law Mediation Services in Sydney and NSWAt EM Family Law, we offer mediation services to assist individuals in resolving family disputes efficiently, potentially without court intervention. Our nationally accredited mediator and founding partner has significant experience in facilitating resolutions for parenting and property disputes. We are accredited specialists in family law by the Law Society of NSW and members of LEADR and IAMA, demonstrating our commitment to professional standards in mediation. Our goal is to assist clients in reaching practical and enforceable agreements, such as Parenting Plans or consent orders, through a collaborative approach. Whether through private practitioners, Legal Aid, or Community Legal Centres, our mediation services are accessible and tailored to each family’s needs, potentially helping them avoid the emotional and financial burdens of litigation.  { "@context": "https://schema. org", "@type": "FAQPage", "mainEntity": --> { "@type": "Question", "name": "What is family law mediation? ", "acceptedAnswer": { "@type": "Answer", "text": "Family law mediation may be a process where a neutral mediator helps individuals resolve family disputes, such as property division or parenting arrangements, without going to court. The mediator’s role may be to guide discussions, ensuring each party can express their concerns and explore possible solutions. Unlike a judge, the mediator may not make decisions but facilitates communication so that the parties may reach their own agreements. Mediation may provide a more flexible and collaborative environment compared to litigation. It may allow families to create personalised solutions that suit their circumstances, promoting long-term cooperation. Whether it involves developing Parenting... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/family-law-services/family-law-de-facto-relationships-australia/ Understanding the Legal Rights of De Facto Couples in AustraliaDe facto couples, including same-sex couples, who separate after 1 March 2009, are entitled to the same legal rights as married couples under the Family Law Act 1975. These rights include property settlements, superannuation division, parenting arrangements, and spousal maintenance. For separations prior to this date, state laws may apply, though couples can opt into the federal law framework.  { "@context": "https://schema. org", "@type": "FAQPage", "mainEntity": --> { "@type": "Question", "name": "What qualifies as a de facto relationship under Australian law? ", "acceptedAnswer": { "@type": "Answer", "text": "Under Australian law, a de facto relationship is defined as a partnership between two people, who are not legally married, living together on a domestic basis. This definition includes both opposite-sex and same-sex couples. To be considered a de facto relationship, several factors are assessed, including the duration of the relationship (typically at least two years), shared residence, financial arrangements, level of mutual commitment, and whether they have children together. The relationship generally needs to show a level of permanency and commitment akin to a marriage. Note that simply living together does not automatically establish a de facto relationship; the nature of the partnership is also evaluated. " } }, { "@type": "Question", "name": "Can de facto couples make property settlement claims? ", "acceptedAnswer": { "@type": "Answer", "text": "De facto couples who separate after 1 March 2009 can make property settlement claims under the Family Law Act 1975. This provides de facto couples with... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/family-law-services/parenting-plans-north-sydney/ Prioritising Children's Best Interests in Parenting ArrangementsDetermining suitable parenting arrangements after separation is important for ensuring the well-being of children. Our focus is on supporting agreements that address children’s needs. Engaging in counselling or mediation may help facilitate constructive discussions between parents.  { "@context": "https://schema. org", "@type": "FAQPage", "mainEntity": --> { "@type": "Question", "name": "What are the best interests of the child? ", "acceptedAnswer": { "@type": "Answer", "text": "The best interests of the child is a legal standard that prioritises the child’s emotional, physical, and psychological needs in parenting arrangements. It may consider the child’s age, maturity, and preferences, particularly if they are old enough to express their views. The child’s relationships with both parents and their need for stability and security are important factors. The aim is to ensure decisions support the child’s well-being and promote a nurturing environment. " } }, { "@type": "Question", "name": "How can mediation help in parenting disputes? ", "acceptedAnswer": { "@type": "Answer", "text": "Mediation provides a structured environment for parents to discuss their issues with a mediator. It may encourage collaboration by helping parents express their concerns regarding their children. The process is flexible, allowing for solutions that may be tailored to the family’s circumstances. Mediation may be quicker and less expensive than court proceedings, potentially promoting efficient resolutions. " } }, { "@type": "Question", "name": "What is Family Dispute Resolution (FDR)? ", "acceptedAnswer": { "@type": "Answer", "text": "Family Dispute Resolution (FDR) is generally a mandatory process for parents before seeking court orders... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/family-law-services/property-settlement-north-sydney/ Expert Property Settlements in Family Law – EM Family LawAt EM Family Law, our team of accredited family law specialists can assist clients in navigating the complexities of property settlements following the breakdown of relationships. Based in Sydney, our firm provides legal advice and representation for asset division, spousal maintenance, superannuation splitting, and child support. We understand the emotional and financial challenges faced during this time, and we aim to help ensure fair treatment and access to entitlements.  { "@context": "https://schema. org", "@type": "FAQPage", "mainEntity": --> { "@type": "Question", "name": "What is a property settlement? ", "acceptedAnswer": { "@type": "Answer", "text": "A property settlement is a legal process that determines how assets and liabilities are divided between parties following the breakdown of a relationship. This process aims to ensure that both parties receive a fair division of assets and are not left financially disadvantaged after separation. Property settlements may cover a range of assets, including:Family homes and real estateFinancial accounts, investments, and superannuationPersonal belongings, including vehicles and valuables. " } }, { "@type": "Question", "name": "How long does the property settlement process take? ", "acceptedAnswer": { "@type": "Answer", "text": "The duration of the property settlement process may vary based on factors such as the complexity of the case and the willingness of both parties to negotiate. The process can take several months to over a year, depending on the circumstances. Key aspects that may influence the timeline include:Complexity of Assets: The more assets and liabilities involved, the longer the process... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/family-law-services/negotiation-and-resolution/ Negotiation & Resolution in Family Law | EM Family LawAt EM Family Law, we recognise that family law matters may involve emotional and financial challenges. Our firm, accredited by the Law Society of NSW, focuses on negotiation and resolution as alternatives to litigation. We assist clients through each stage of the dispute resolution process, aiming for outcomes that may help reduce stress and support constructive solutions.  { "@context": "https://schema. org", "@type": "FAQPage", "mainEntity": --> { "@type": "Question", "name": "What is the role of negotiation in family law? ", "acceptedAnswer": { "@type": "Answer", "text": "Negotiation plays an important role in family law by allowing parties to communicate their needs and concerns directly. This process supports open dialogue, enabling each party to articulate their interests and work collaboratively towards a resolution. By focusing on negotiation, families may reach agreements that reflect their specific situations, potentially reducing the emotional and financial toll associated with litigation. In family law, negotiation can cover a wide range of issues, including property division, child custody arrangements, and spousal maintenance. It allows parties to explore various options and work towards solutions that consider the well-being of any children involved, along with the financial implications for both sides. This approach can foster cooperation and set a constructive precedent for ongoing relationships, which may be especially important in co-parenting situations. Engaging in negotiation may allow families to achieve outcomes that are fair and tailored to their specific circumstances. " } }, { "@type": "Question", "name": "How does mediation work in... - Published: 2018-11-07 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/family-law-services/family-law-divorce-lawyers-north-sydney/ North Sydney Family Divorce Lawyers Understanding the Divorce Process in Australia Divorce in Australia is a legal process governed by the Family Law Act 1975. To be eligible, you must be separated for at least 12 months and show that the marriage has broken down permanently. If you have been married for less than two years, counselling is required before filing. Our Sydney family divorce lawyers assist with all aspects of the process, including preparing and submitting your divorce application, meeting court requirements, and resolving related legal matters. These may include child custody arrangements, property settlements, spousal maintenance, and parenting plans. { "@context": "https://schema. org", "@type": "FAQPage", "mainEntity": --> { "@type": "Question", "name": "What are the grounds for divorce in Australia? ", "acceptedAnswer": { "@type": "Answer", "text": "In Australia, the sole ground for divorce is the irretrievable breakdown of the marriage, which must be evidenced by a separation period of at least 12 months. This means that both parties must live separately and apart for this duration, indicating that the relationship has ended. The Family Law Act 1975 does not require proof of fault, such as infidelity or abuse, making the process more straightforward. This provision allows couples to focus on the necessary steps for separation, without needing to assign blame. " } }, { "@type": "Question", "name": "How do I apply for divorce? ", "acceptedAnswer": { "@type": "Answer", "text": "To apply for divorce, you need to submit an application to the Federal Circuit Court of Australia. This process involves... - Published: 2018-11-07 - Modified: 2024-11-14 - URL: https://edwardsfamilylawyers.com.au/services/ OUR LEGAL SERVICESEM Family Lawyers is a law firm that offers a complete range of family law services, including divorce and separation, property settlement, negotiation, and dispute resolution. We provide our clients with the highest quality legal advice and representation in all areas of family law. We can help you navigate the legal process and provide you with reliable, compassionate legal counsel so that you can make informed decisions. Our experienced attorneys will work closely with you to ensure that you understand your rights and are able to reach satisfactory outcomes. We strive to protect your interests and ensure that you receive the best possible outcome in your family law matters. Our ServicesCONTACT US We are a leading family law firm in Sydney with over 30 years of award-winning experience in matters relating to complex family law matters. We are a full-service family law firm with a rich history of helping clients with complex property settlements, divorce law, divorce negotiations, child custody and mediation services. Our law firm has a strong focus on providing expert specialist advice relating to Family Law following the breakdown of your marriage or de facto relationship. Contact a Family Lawyer North Sydney: Suite 10-02, 65 Berry StreetNorth Sydney, NSW 2060 +61 2 8920 3422 office@edwardsfamilylawyers. com. au Site Map About Us Initial Consultation Articles Contact Us Family Law Useful Links No Fault Divorce Our Team De Facto Relationships Family Law Services Divorce and Separation FAQs Mediation Services Negotiation and Resolution Parenting and Children Property Settlement... - Published: 2018-11-07 - Modified: 2025-06-28 - URL: https://edwardsfamilylawyers.com.au/team-north-sydney-family-lawyers/michael-moloney/ Michael MoloneyPartner Accredited Family Law SpecialistMichael is a Law Society of NSW Accredited specialist in Family Law. This combined with his commercial litigation experience and completion of a Masters of Laws in Commercial Litigation, means he is well equipped to handle complex Family Law matters as he draws on experience in other jurisdictions which so often overlap with Family Law. Michael’s approach is strategic, systematic and highly detailed, bringing successful outcomes for his clients. Michael understands that for many people, their Family Law matter is their first experience with the legal system and it can be confusing and overwhelming. He earns trust by providing a supportive yet pragmatic approach to their individual situation. Accredited Family Law Specialist Michael is a Partner at Edwards Family Lawyers – having joined the firm in 2018. He brings with him a wealth of experience in Family Law having practised in a Family Law Firm for over 15 years. Michael holds a Bachelor of Laws/Arts. He was admitted as a Lawyer to the Supreme Court of NSW and as a Solicitor to the High Court of Australia in 2006. Michael has successfully represented clients in a range of Family Law matters including complex property settlements, separation and divorce, de facto relationships, high conflict parenting disputes, relocation matters and child support. He is committed to settling disputes in the most constructive, non-confrontational and cost-effective manner possible and is skilled in negotiation and has represented countless clients in mediation. He believes the best settlements are achieved as... - Published: 2018-11-07 - Modified: 2025-09-10 - URL: https://edwardsfamilylawyers.com.au/team-north-sydney-family-lawyers/family-law-mediator-sydney-frances-edwards/ Frances EdwardsPartner Accredited Family Law SpecialistOur Founding Partner, Frances Edwards, holds a Bachelor of Economics and a Bachelor of Laws. Frances is one of Sydney’s most senior, experienced and respected Family Law practitioners. Accredited Family Law Specialist Frances has been a Law Society of NSW Accredited Family Law Specialist for over 20 years and is a member of the Family Law Section of the Law Council of Australia. Frances was admitted to practice in 1985; Practicing since 1986 and has practised exclusively in Family Law for over 30 years. Prior to establishing Edwards Family Lawyers, Frances was a partner of a specialist Family Law Firm in the Sydney CBD for over 12 years.  Frances has specialised knowledge and experience in all aspects of Family Law matters including separation and divorce, property settlement, finalisation of Family Law settlements including consent orders and financial agreements, de facto relationships and de facto relationship agreements, parenting issues and arrangements for children, child support, child abduction, domestic violence matters and spouse maintenance. Frances has extensive experience in complex financial matters involving family trusts, corporate structures, and valuations, and has acted in numerous reported decisions, most notably a leading case involving the valuation of professional practices. Frances has successfully acted in many large-scale disputes involving high net worth and high profile business clients. Frances’ experience has allowed her to develop strong relationships with financial advisors who are able to assist her Family Law clients in providing expert financial advice if appropriate in their matter. Frances is... - Published: 2018-11-06 - Modified: 2025-10-07 - URL: https://edwardsfamilylawyers.com.au/team-north-sydney-family-lawyers/ OUR TEAM North Sydney's Family Law & Divorce ExpertsOur ServicesCONTACT US We are a leading family law firm in Sydney with over 30 years of award-winning experience in matters relating to complex family law matters. We are a full-service family law firm with a rich history of helping clients with complex property settlements, divorce law, divorce negotiations, child custody and mediation services. Our law firm has a strong focus on providing expert specialist advice relating to Family Law following the breakdown of your marriage or de facto relationship. Contact Us: North Sydney: Suite 10-02, 65 Berry StreetNorth Sydney, NSW 2060 +61 2 8920 3422 office@edwardsfamilylawyers. com. au Site Map About Us Initial Consultation Articles Contact Us Useful Links No Fault Divorce Our Team De Facto Relationships Services Divorce and Separation FAQs Mediation Services Negotiation and Resolution Parenting and Children Property Settlement Liability limited by a scheme approved under Professional Standards LegislationWe acknowledge the Cammeraygal and Gadigal people being the traditional owners of the land on which we work and their elders past and present. - Published: 2018-11-06 - Modified: 2026-05-13 - URL: https://edwardsfamilylawyers.com.au/about-us-family-lawyers-sydney/initial-consultation/ Understanding the Importance of Your Initial Consultation at EM Family Law At EM Family Law, we understand that the initial consultation is an important step for clients navigating family law matters. As accredited specialists in family law, our team provides guidance to help you understand your rights and obligations following the breakdown of a marriage, de facto relationship, or same-sex partnership. This meeting provides an opportunity to discuss your circumstances and explore potential options for moving forward.   What to Expect During Your Initial Consultation The initial consultation is an important meeting where clients can outline their circumstances and concerns. During this session, our Accredited Family Law Specialists will ask relevant questions to gather information. This will help us understand your situation, including any financial or parenting matters that may need attention. Key Aspects: Expert Guidance: Receive advice from accredited family law specialists. Tailored Approach: Each meeting is adapted to your individual needs. Confidential Environment: Discuss sensitive matters in a private setting. The Significance of Preparation Preparation for the initial consultation is important to make it more effective. We recommend that clients prepare a list of questions and relevant documentation regarding financial matters and parenting arrangements. This preparation helps facilitate a more productive conversation and supports the development of a legal strategy to address your needs. Key Points: Effective Communication: Clear communication can help provide better legal advice. Documentation: Having relevant papers ready can enhance the consultation. Strategic Planning: A well-prepared meeting can help outline a legal strategy. Navigating estate... - Published: 2018-11-06 - Modified: 2025-10-22 - URL: https://edwardsfamilylawyers.com.au/about-us-family-lawyers-sydney/ About Us{ "@context": "https://schema. org", "@type": "Organization", "name": "EM Family Law", "url": "https://edwardsfamilylawyers. com. au/", "logo": "https://edwardsfamilylawyers. com. au/logo. png", "sameAs": --> "https://www. facebook. com/EMFamilyLaw", "https://www. linkedin. com/company/em-family-law/" ], "contactPoint": { "@type": "ContactPoint", "telephone": "+61 2 1234 5678", "contactType": "Customer Service", "areaServed": "AU", "availableLanguage": }},{ "@context": "https://schema. org", "@type": "LocalBusiness", "name": "EM Family Law", "url": "https://edwardsfamilylawyers. com. au/about-us-family-lawyers-sydney/", "image": "https://edwardsfamilylawyers. com. au/images/about-us-office. jpg", "telephone": "+61 2 1234 5678", "address": { "@type": "PostalAddress", "streetAddress": "123 Main St", "addressLocality": "Sydney", "addressRegion": "NSW", "postalCode": "2000", "addressCountry": "AU" }, "priceRange": "$$$", "openingHours": "Mo,Tu,We,Th,Fr 09:00-17:00", "areaServed": "AU"},{ "@context": "https://schema. org", "@type": "WebPage", "mainEntityOfPage": { "@type": "WebPage", "@id": "https://edwardsfamilylawyers. com. au/about-us-family-lawyers-sydney/" }, "headline": "EM Family Law: Your Trusted Family Law Specialists in Sydney", "description": "Discover EM Family Law, Sydney’s trusted family law specialists, providing expert services in divorce, child custody, and property settlements with professionalism and compassion. "}EM Family Law: Your Trusted Family Law Specialists in SydneyEM Family Law, formerly known as Edwards Family Lawyers, is a family law firm located in North Sydney. Our firm provides legal advice and services exclusively in family law matters. Founded by Frances Edwards, an accredited family law specialist with over 35 years of experience, and partnered with Michael Moloney, we focus on negotiation, resolution, and settlement, with expertise in litigation involving parenting and financial issues. We aim to support clients during challenging times through clear communication and a compassionate approach, ensuring clients understand their rights and obligations throughout the legal process.  Understanding Family Law Family law covers a range... - Published: 2018-08-21 - Modified: 2022-11-08 - URL: https://edwardsfamilylawyers.com.au/family-lawyers-sydney/ Accredited Family Law Specialists serving Australia Edwards Family Lawyers is a highly experienced specialist family law firm with offices in Sydney CBD and North Sydney. Our growing firm excels at more complex family law matters. Edwards Family Lawyers is a highly experienced specialist law firm with offices in Sydney CBD and North Sydney. Our growing firm excels at more complex family law matters. Choosing a family law firm for your case:Our growing Sydney family law firm excels in matters relating to complex property settlements, divorce negotiations and mediation services. Our law firm has a strong focus on providing expert specialist advice relating to Family Law following the breakdown of your marriage or de facto relationship. Your Family Law Team Founding PartnerAccredited Specialist in Family LawQualified MediatorBachelor of LawsBachelor of EconomicsPractising since 1986 With over 30+ years of success in complex family law matters, Frances is one of Sydney’s most senior, experienced, well-known and respected Family Law practitioners. As Edwards Family Lawyers founding Partner and most experienced senior solicitor, Frances has nurtured and matured a legal team that can handle the most complex of matters. Frances has been a Law Society of NSW Accredited Family Law Specialist for over 28 years and is a member of the Family Law Section of the Law Council of Australia. Frances was admitted to practice in 1986 and has practised exclusively in Family Law for over 34 years after graduating with a Bachelors of Laws and Economics. Frances has specialised knowledge and experience in all... ## Posts