https://www.coastfamilylawyers.com.au/home daily 1.0 2026-03-22 https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1652090529930-6QC80GWNDWFFLGZ1HC9K/unsplash-image-PNWp1dZ7sO0.jpg Home https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1652091031039-S2DS5ZGL65J7XCMODO46/unsplash-image-5fNmWej4tAA.jpg Home https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1653182343656-GON5584P08TCFBT2K8AR/GettyImages-1008207382.jpg Home https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1653264146104-K7JWZMZVTSKWAQB1IA18/unsplash-image-7ilpPBxTavU.jpg Home https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1658278062775-Z2K2I5XZ310SVHZX8BF5/GettyImages-1146474107.jpg Home https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1658278221445-U00BFX1E335TE1TSJR78/GettyImages-476824114.jpg Home https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1658278371177-RPAXWIIAD1W1EYF5AAV9/GettyImages-609088070.jpg Home https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1687391562872-X4CONLJO280YG6NCSO75/image-asset.jpeg Home https://images.squarespace-cdn.com/content/v1/5ec321c2af33de48734cc929/1618497259178-6XJGK9GR6YAVBQL5L519/20140301_Trade-151_012-2.jpg Home https://images.squarespace-cdn.com/content/v1/5ec321c2af33de48734cc929/1607694583486-2PQT0LQ193RL7MCB6DX4/20140228_Trade+151_0046.jpg Home https://images.squarespace-cdn.com/content/v1/5ec321c2af33de48734cc929/1607694644871-IC85FNH781UNZSZEGHDR/Aro+Ha_0428.jpg Home https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/c5fa93fc-9198-4279-9969-581462da9f58/2+-+talking+to+a+client.jpg Home - Free initial advice. Separation is often stressful and the uncertainty of what will happen next is unsettling. We want you to be able to seek advice as quickly as possible to ensure yours and your children’s rights are protected, and you are aware of your responsibilities following separation. Seeking prompt advice will assist your matter moving forward in the right direction. The worst part of separation is the uncertainty of it all - we are here to help you move on and move forward with your life. https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/61d3c55f-7485-4bcc-aa16-7c13f5d4f39c/8+-+smiling+talking+to+a+client.jpg Home - What makes us different. We understand that speaking to a lawyer can be daunting and unnerving. At Coast Family Lawyers, we are experienced, approachable and most importantly, affordable. We provide comprehensive and complete advice, free of legal jargon. A strong emphasis is placed on client communication and relationship management. We are completely transparent with our fees and you will always speak to the same lawyer throughout the duration of your family law matter. We are also committed to achieving the best possible outcome for you through less adversarial processes including collaborative law, mediation and negotiation. You will walk away feeling confident, supported and heard! https://www.coastfamilylawyers.com.au/about daily 0.75 2026-03-22 https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/f35cc30e-967a-43e2-b5d5-88c91db943c6/square+2.jpg https://www.coastfamilylawyers.com.au/property-settlements daily 0.75 2023-08-25 https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1652840769767-4NMLHCFH6Q4OL8NQ70BR/unsplash-image-AMzC2RVurO4.jpg Property Settlements Family Lawyer - Central Coast - Time limits. An application for a property settlement must be made within 12 months from the date your Divorce Order is made (for married couples) or within 2 years from the date of separation (for de facto couples). If you and/or your ex-partner make an application for a property settlement after the limitation period has passed, the Court may grant your application, however there are very limited circumstances in which this may occur. https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1654383899123-HPZAF3BT4YB3OV4YWKMM/GettyImages-476824114.jpg Property Settlements Family Lawyer - Central Coast - Who gets what? A common misconception in family law is that the assets of a relationship are split down the middle and divided equally. In deciding how you and your ex-partner’s assets should be distributed, the Family Court and Federal Court of Australia must first determine whether it should alter property interests, and if so, a 4-step process is followed: What are the assets and liabilities of your relationship? All assets are taken into account, irrespective of whether they were acquired before, during the relationship or after separation. This includes (but not limited to) real estate, motor vehicles, superannuation, bank accounts, shares, trusts, and businesses. What were yours and your ex-partner’s contributions over the course of the relationship? This includes both financial contributions as well as non-financial contributions (parent and/or homemaker). Do you and/or your ex-partner have any future needs? This takes into consideration matters such as who has care of the children, disparity in income earning capacity, health, age and availability of financial resources. If either you or your ex-partner have future needs, an adjustment may be made in yours or their favour. Is the proposed property split just and equitable, taking into consideration all of the above factors? In this last step, the Court considers whether the proposed property settlement is just and equitable after consideration of steps 1, 2 & 3. https://www.coastfamilylawyers.com.au/services--1 daily 0.75 2022-05-13 https://images.squarespace-cdn.com/content/v1/5ec321c2af33de48734cc929/1618497259178-6XJGK9GR6YAVBQL5L519/20140301_Trade-151_012-2.jpg Services (Copy) https://images.squarespace-cdn.com/content/v1/5ec321c2af33de48734cc929/1607694583486-2PQT0LQ193RL7MCB6DX4/20140228_Trade+151_0046.jpg Services (Copy) https://www.coastfamilylawyers.com.au/parenting-arrangements-child-custody daily 0.75 2023-10-17 https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1654383984524-K097F4LMFT6NCNUWX22D/A+mother+dropping+their+child+to+the+father Child Custody Family Lawyer - Parenting arrangements for your children. There are 3 main ways you can make arrangements for your child or children following separation: Informal arrangements; Parenting plans; and Parenting Orders (including by consent). The first two arrangements are not binding and are not enforceable. This means that if you or the other parent/person renege on the agreement, a Court cannot intervene or enforce the agreement. Parenting orders are however binding and enforceable and can either be made by consent or ordered by the Court. Before filing any application for parenting orders in the Federal Circuit Court and Family Court of Australia (“FCFCOA”), you and the other parent must try to resolve your disputes outside of Court. In order to make an application for parenting orders, parents must supply the Court with a certificate from a registered Family Dispute Resolution Practitioner (“FDRP”) which says that you and the other parent/person have attempted to resolve your disputes outside of Court. It is only in exceptional circumstances that the Court will not require this certificate prior to commencing proceedings. https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1653905911362-5HA4CN3CG412V5X2DFFD/unsplash-image-V6bsHM4BrRo.jpg Child Custody Family Lawyer - What do parenting orders outline? A parenting order is an order made under the Family Law Act 1975 (Cth) (“the Act”) that deals with one or more of the following matters set out in section 64B(2) of the Act: who the child will live with; the time a child will spend with another person; the allocation of parental responsibility; if two or more persons are to share parental responsibility for the child - the form of consultations those persons are to have with one another about decisions to be made in exercising parental responsibility; the communication a child is to have with another person (ie. telephone, FaceTime, email); maintenance of a child; the steps to be taken before an application is made to the Court for a variation of an order; the process to be used for resolving disputes about the terms or operation of an order; and any aspect of the care, welfare or development of the child or any other aspect of parental responsibility for a child. https://www.coastfamilylawyers.com.au/child-support daily 0.75 2023-08-25 https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1653178245135-AWPHFC2DH1Z6JYP7CD98/A+mother+holding+her+sons+hand+in+the+city Child Support Family Lawyer - Child support through the Court. Both parents are primarily responsible for maintaining their child or children. Child support is usually dealt with through Services Australia rather than through the Court and is governed primarily by the Child Support (Assessment) Act 1989. The Court may however consider child support proceedings in limited circumstances. These circumstances include: Child Support Appeals: where a parent has gone through all steps of the administrative process through Services Australia and needs to appeal an administrative decision; Where an administrative child support assessment has been issued, and the eligible carer (the parent receiving child support) asks for a non-periodic payment of child support; and Where an administrative child support assessment has been issued, and a party to that assessment seeks to depart from it (wants it changed) due to special circumstances and either: the Court is already dealing with a matter involving the parties, and the Court is satisfied that it would be in the interests of the parties, in the special circumstances of the case, to consider the child support departure application, or the assessment provides for the minimum level of child support to be paid. https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1653178512869-E6TNXEFMC3W7N6VPRREM/unsplash-image-XN4T2PVUUgk.jpg Child Support Family Lawyer - Child support agreements. There are different types of child support agreements that parents can enter into. These can be long term of short term agreements. The two specific types of child support agreements are: Limited Child Support Agreements; and Binding Child Support Agreements. These agreements can provide for an amount of child support to be paid periodically and set out how expenses are to be paid (such as school and extracurricular fees). Child support agreements can be registered with the Child Support Agency, making the agreement enforceable. https://www.coastfamilylawyers.com.au/domestic-family-violence-and-advos-apprehended-domestic-violence-orders daily 0.75 2023-10-17 https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1654384223153-4B0ULRHTIENZ2AE5LBUJ/A+mother+and+father+fighting+while+their+child+holds+their+head+in+their+hands Domestic & Family Violence and ADVO’s (Apprehended Domestic Violence Orders) - What constitutes domestic & family violence? The Family Law Act 1975 (Cth) (“the Act”) has extensive provisions regarding domestic & family violence. It describes family violence as violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family or causes the family member to be fearful. The Act recognises that family violence can take many forms including: assault (including sexual assault or other sexually abusive behaviour); stalking; repeated derogatory remarks or taunts; intentionally damaging or destroying property; unreasonably denying the family member the financial autonomy that they would otherwise have had; unreasonably withholding financial support needed to meet reasonable living expenses of the family member, or their child, at a time when the family member is entirely dependent on the person for financial support; preventing the family member from making or keeping their connections with their family, friends or culture; and unlawfully depriving the family member, or any member of the family member’s family, of their liberty. When making a parenting order, the Court is required to make an order which is in the best interests of the child or children. When considering the best interests of the child or children and where domestic & family violence is alleged, the Act directs the Court to give greater weight to protect a child from physical and/or psychological harm, or from being subjected or exposed to abuse, neglect or family violence. https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1654384745308-74I7HTUJFCXJHB9HOVLQ/unsplash-image-DRzYMtae-vA.jpg Domestic & Family Violence and ADVO’s (Apprehended Domestic Violence Orders) - What is an ADVO? Apprehended Domestic Violence Orders (ADVO’s) are orders that place restrictions on someone who has been violent or abusive towards a person and ultimately serves to protect and ensure the safety of the person in need of protection. ADVO applications are most commonly made by the New South Wales Police after a complaint has been made. Depending on the circumstances and nature of the complaint, criminal charges my also be imposed on the individual who has been violent and/or abusive. However, it is important to note, an ADVO is not a criminal matter or a criminal charge, unless charges have been laid in addition to the ADVO. If you, or someone you know, has been a victim of domestic violence, we urge you to contact the National Sexual Assault, Domestic Family Violence Counselling Service on 1800 737 732. https://www.coastfamilylawyers.com.au/spousal-de-facto-maintenance daily 0.75 2023-08-25 https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1654483718241-SPT09I9QRRRC590WTHWR/A+woman+sitting+on+the+floor+with+her+head+in+her+hand+packing+up+her+house Spousal & De Facto Maintenance - What is it and what does a Court consider? Spousal & de facto maintenance is financial support paid by your ex-partner in circumstances where you are unable to adequately support yourself financially. Under the Family Law Act 1975 (Cth), a person has a responsibility to financially assist their ex-partner if that person cannot meet their own reasonable expenses from their personal income or assets. Where the need exists, both parties have an equal duty to support and maintain each other as far as they can. This obligation can continue even after separation and divorce. The Court will consider the needs of the applicant, and the respondent’s capacity to pay. https://www.coastfamilylawyers.com.au/de-facto-relationships daily 0.75 2023-08-25 https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1654384976066-JLVKAUE26FFVRQ7QKS32/A+couple+fighting+in+their+kitchen De Facto Relationships - What are my rights, entitlements and obligations? In Australia, for the most part, married and de facto couples have the same rights, entitlements and obligations regarding property, maintenance and parenting matters. With respect to property matters, applications must be made within 2 years from the date of separation. https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1653180084267-1GGVNABJ8RAMENOE86BC/unsplash-image-3cAMUE3YAO8.jpg De Facto Relationships - What constitutes a de facto relationship? The Court takes into consideration various factors in determining whether a de facto relationship exists and this may be different for each individual couple. The Court will look at factors such as: the length of the relationship; whether you have a sexual relationship; if you have children together; your financial circumstances; whether you have any property or assets together; the degree of mutual commitment to a shared life; and whether you appear to your family and friends to be in a genuine relationship. https://www.coastfamilylawyers.com.au/same-sex-relationships daily 0.75 2023-08-25 https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1654385066573-HVN2HGZG7O90UQKDR0ZV/A+same+sex+couple+sitting%2C+playing+with+their+daughter Same Sex Relationships - What are my rights, entitlements and obligations? Same sex relationships are included within the definition of ‘de facto couple’ in the Family Law Act 1975 (Cth). Therefore, de facto and same sex couples (that aren’t married) have the same rights, entitlements and obligations regarding property, maintenance and parenting matters. With respect to property matters, applications must be made within 2 years from the date of separation. https://www.coastfamilylawyers.com.au/services-2 daily 0.75 2023-08-25 https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1654385183392-4WFS7AQCXBV1IUNEY011/A+judge%27s+gavel+with+a+prenuptial+agreement+document Financial agreements (including prenuptial agreements) - What is a ‘prenup’? A ‘pre-nup’ (prenuptial agreement or binding financial agreement) is a type of financial agreement which is governed by the Family Law Act 1975 (Cth) and is a binding contract between spouses (or partners) or ex-partners. However, in order for the contract to be binding, strict rules need to be followed, therefore legal advice is required. The term ‘prenup’ is misleading as these types of agreements can be made before a marriage (or at the start of a relationship) during the marriage (or during the relationship) or after separation. These agreements cover what will happen financially during the relationship and if the relationships ends. The Family Law Act 1975 (Cth) also allows for de facto and same-sex couples to enter into financial agreements. https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1653181066875-IIQMOJ2TJNIH6HIURA04/unsplash-image-s9CC2SKySJM.jpg Financial agreements (including prenuptial agreements) - Do I need one? Oftentimes, the most difficult and emotionally draining part of separation is the component of dividing up assets and determining who gets what. The purpose of entering into a financial agreement is to reduce the stress of separation and to avoid lengthy and costly proceedings following separation. A financial agreement details how the assets and resources will be divided in the breakdown of your relationship. It can also include provisions with respect to spousal maintenance. Circumstances in which a couple may wish to consider entering into a financial agreement include: where one party has considerably more assets than the other; where one party owns a business and wants to maintain control of that business in the event of the relationship breaking down; where one party is likely to receive a significant inheritance; where the parties want certainty as to how the assets will be divided and to minimize costs in the event of separation. As the name states, financial agreements only deal with ‘financial’ matters’. They cannot include arrangements regarding parenting matters. https://www.coastfamilylawyers.com.au/urgent-child-abduction-recovery-orders daily 0.75 2023-08-25 https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1654508426555-LCW8NB4Z1C11Y8WQS5LE/A+mother+happily+hugging+her+child Urgent child abduction (recovery orders) - How do I get my child back? If your child (or children) normally live with you and the other parent (or another person) has your child and is refusing to return them to you, you can apply the the Court for an urgent Recovery Order (depending on the circumstances of your case). A Recovery Order is an order made by the Court ordering the parent (or person) to return the child to you. If the other parent (or person) does not return the child to you as set out in the Orders made by the Court, the Federal and/or State Police can intervene to recover and return your child to you. Depending on the circumstances of the matter, Recovery Orders may also contain orders prohibiting the person who took the child, from again taking the child. https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1653181583262-19VM8I9BEK7DM0QKXR9I/An+airplane+on+the+tarmac Urgent child abduction (recovery orders) - What happens if my child is taken overseas? Australia is a signatory to The Hague Convention on the Civil Aspects of International Child Abduction, along with more than 70 other counties. The Hague Convention provides a lawful process whereby a parent can seek to have their child returned to their home country. It also provides assistance to parents to obtain contact with or access their child or children overseas. All counties who are part of The Hague Convention have implemented their own legislation to give effect to the protocols set out in the Convention. If your child has, without your permission, been taken to a country that is signatory to the convention, you can seek to have your child returned to you under The Hague Convention. https://www.coastfamilylawyers.com.au/consent-orders daily 0.75 2023-08-25 https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1654564207124-IUFOYA4QXVK20IYTKYP4/A+divorced+couple+sitting+down%2C+drafting+an+agreement+for+parenting+and+property+consent+orders Consent Orders - What happens when my ex-partner and I come to an agreement? It is always desirable when you and your ex-partner are able to resolve your financial and parenting issues by agreement, at the earliest available opportunity. Not only does this reduce the stress and uncertainty of separation, but you are also able to reduce further costs and avoid the delays of Court proceedings. If you and your ex-partner have been able to resolve your issues by agreement, the next step is to formalise your agreement in writing. This is done by drafting the necessary settlement documents which might include: Consent Orders (for both parenting and property matters); a Binding Financial Agreement; and/or a Binding Child Support Agreement. https://www.coastfamilylawyers.com.au/contact daily 0.75 2026-03-16 https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/f19b381f-044c-4e27-971b-ea94d9e63626/IMG_1920.jpeg https://www.coastfamilylawyers.com.au/helpful-links daily 0.75 2023-08-25 https://images.squarespace-cdn.com/content/v1/5ec321c2af33de48734cc929/1618497259178-6XJGK9GR6YAVBQL5L519/20140301_Trade-151_012-2.jpg Helpful Links https://images.squarespace-cdn.com/content/v1/5ec321c2af33de48734cc929/1607694583486-2PQT0LQ193RL7MCB6DX4/20140228_Trade+151_0046.jpg Helpful Links https://www.coastfamilylawyers.com.au/mediation daily 0.75 2023-08-25 https://images.squarespace-cdn.com/content/v1/62787b1b78e2ca22e1f3b3e9/1654385495331-SM0P8QF4NDEUQMOT5QIK/A+divorced+couple+sitting+down+at+mediation Mediation - What is mediation and do I need to attend? Mediation is a dispute resolution process whereby a separated or divorced couple involved in a dispute are assisted by an independent and neutral person to reach an agreement. Mediation can be used to resolve financial and/or parenting issues. Family Dispute Resolution (FDR) is a form of mediation which is compulsory in parenting matters. Parents MUST attempt FDR before they can commence court proceedings. There are however exceptions to attending mediation in circumstances where there is urgency and/or allegations of family violence. Mediation has many benefits including allowing the participating parties to take control of their own result, rather than leaving it up to a Judge to decide. Dispute resolution services are often less costly and quicker than court proceedings.