Family Law
Sensitive matters handled with care, clarity and discretion.
Harvard Legal provides considered and compassionate legal counsel to individuals navigating family-related legal issues. Our family law team advises on divorce, child custody and parenting arrangements, property settlements and spousal maintenance.
Family law in NSW covers legal matters concerning family relationships, including marriage, divorce, child custody, property settlement and domestic violence. It is governed by both federal and state law, with a focus on the best interests of any children involved and the fair distribution of assets. Our aim is to help clients reach fair and practical outcomes while limiting conflict and emotional strain.
Our family law services
- Divorce and separation
- Guiding clients through the legal requirements for separation and divorce, including the no-fault divorce principle in Australia, and assisting in the equitable division of assets and liabilities having regard to the length of the relationship, the contributions of each party and future needs.
- Child custody and parenting arrangements
- Negotiating parenting plans focused on the best interests of the children, and representing clients in the Federal Circuit and Family Court of Australia for parenting orders where disputes cannot be resolved amicably.
- Spousal maintenance
- Advising on eligibility for spousal maintenance, taking into account financial resources, capacity to earn and standard of living.
- Domestic and family violence
- Assisting clients in applying for apprehended domestic violence orders and providing representation in court, together with guidance toward additional support services such as counselling.
- Adoption and surrogacy
- Advising on the legal procedures and requirements for adoption and surrogacy under NSW law, and preparing and filing the necessary documents.
Mediation and alternative dispute resolution
We emphasise mediation and alternative dispute resolution in family law matters. Prioritising mediation helps families avoid the adversarial nature of court proceedings, conserving time and resources while working toward mutually acceptable outcomes.
Our work is informed by the Family Law Act 1975 (Cth) and the Children and Young Persons (Care and Protection) Act 1998 (NSW), so that clients are properly represented and informed throughout the process.
Frequently asked questions
Is fault relevant to divorce in Australia?
No. Australia applies a no-fault divorce principle. The court is concerned with whether the marriage has broken down irretrievably, generally demonstrated by twelve months of separation, rather than with the conduct of either party.
How are parenting arrangements determined?
The best interests of the child is the paramount consideration. Many arrangements are settled by agreement through a parenting plan or consent orders; where agreement cannot be reached, an application for parenting orders may be made to the court.
What is a binding financial agreement?
A binding financial agreement records how property and financial resources are to be dealt with between parties. Strict requirements apply for such an agreement to be binding, including that each party receive independent legal advice.
Discuss your matter with Harvard Legal.
We will explain your options, the process ahead and how we can assist.