Legal FAQs
Your Legal Questions, Answered.
Expert guidance on family law, property settlements, parenting arrangements, and separation across NSW and Australia.
All Questions
63 questions
Cryptocurrency sits within the Family Court's jurisdiction — but it creates practical challenges that don't arise with any other asset class. Volatile valuations, pseudonymous wallets, decentralised exchanges, and the ease with which digital assets can be moved, converted, or concealed...
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Valuing a business or company shares is one of the most technically demanding aspects of a property settlement. Unlike real estate, there is no comparable sales register. Unlike a superannuation balance, there is no member statement. The value of a...
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The Family Court's primary concern when making parenting arrangements is the best interests of the child. Determining whether a parent is unfit to care for a child involves a careful assessment of their capacity to meet the child's needs and...
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The cost of a property settlement lawyer in NSW varies significantly depending on the complexity of your matter and the lawyer’s experience. Legal fees are charged based on time spent, typically at an hourly rate of $194.69, but you will...
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In NSW, divorce is obtained through the Federal Circuit and Family Court of Australia by demonstrating the irretrievable breakdown of the marriage, usually through 12 months of separation. While the process seems straightforward, separating the legal end of divorce from...
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Your cryptocurrency assets are considered property in a NSW property settlement, meaning they are subject to division between you and your former partner. The key complication is accurately identifying and valuing these assets, as they exist outside of traditional banking...
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Not without legal risk — and in most circumstances, not at all without either the other parent's agreement or a court order. Relocating interstate with a child after separation is one of the most serious actions a parent can take...
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Parenting plans are one of the most misunderstood tools in Australian family law. They're often described as a flexible, cooperative alternative to court orders — and in the right circumstances, they work well. But there's a critical distinction between a...
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The Family Court doesn't use the phrase 'unfit parent' in any formal legal sense — but the concept is very much alive in how it assesses parenting arrangements. The court's only job is to act in the best interests of...
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In a NSW divorce, your spouse is entitled to a share of the assets and liabilities acquired during the relationship, and potentially ongoing spousal maintenance. Determining the exact amount each party receives is a complex process governed by the Family...
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Generally, no. In New South Wales, you must be separated for a continuous period of at least 12 months before you can apply for a divorce, as outlined in section 48 of the Family Law Act 1975. However, there are...
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Bitcoin, and other cryptocurrencies, are treated as property for the purposes of a property settlement in NSW. This means its value must be determined and included in the asset pool, but establishing that value can be complex as its price...
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If a parent fails to comply with a parenting order, the Court can take a range of steps to enforce it — up to and including fines, community service, and in serious cases, imprisonment. However, simply obtaining an order doesn't...
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An interstate relocation application is a specific type of parenting application made to the Federal Circuit and Family Court of Australia. It is not a simple or quick process, and the outcome is never guaranteed. The court's only guide is...
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Yes, your spouse could attempt to hide cryptocurrency assets during a NSW property settlement, but doing so carries significant risk. The Family Law Act gives the court broad powers to set aside a property settlement where one party has not...
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A child's wishes matter in Australian family law — but they're not the deciding factor, and there's no age at which a child simply gets to choose. This is one of the most commonly misunderstood areas of family law, and...
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This is one of the most contested issues in high-net-worth family law. The short answer is: yes, the Family Court can and regularly does take trust assets into account in property settlements — but how it does so depends on...
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While some lawyers offer fixed fee arrangements for certain stages of a divorce, such as filing the initial application, a fully fixed fee for an entire divorce proceeding is uncommon. This is because the complexity and length of a divorce...
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You apply for a divorce in New South Wales by demonstrating to the court that your marriage has irretrievably broken down, usually evidenced by 12 months of separation. However, the process isn’t always straightforward, particularly if you anticipate the other...
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Whether Bitcoin you owned before marriage is protected in a NSW property settlement depends on how it’s treated as property of the marriage. The key is not *when* you acquired it, but how you used and maintained it during the...
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Yes — but enforcing that inclusion is a different question entirely. The Family Court of Australia has jurisdiction over the worldwide assets of the parties to a marriage or de facto relationship, and it will not confine itself to Australian-held...
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Whether you can obtain a free initial consultation depends entirely on the individual law firm's policy, as there is no legal requirement for lawyers to provide free initial advice. This creates a practical challenge for clients who need to understand...
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The cost of a divorce in Sydney depends on whether you are filing a simple administrative application for divorce or resolving complex property settlements and parenting arrangements. While the standard court filing fee for a divorce application is $1,125, total...
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The length of time it takes to finalise a divorce in NSW varies significantly, but generally, you can expect the process to take between 6 to 18 months, and sometimes longer if the matter is complex. The timeline depends heavily...
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In NSW, a divorce is granted on the basis that the marriage has irretrievably broken down, meaning you don’t need to prove fault like adultery or cruelty. The primary requirement is that you and your spouse have lived separately and...
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In NSW, you generally need to be separated for a continuous period of 12 months before you can apply for a divorce, but the requirements around ‘separation’ are surprisingly flexible. The key issue is demonstrating to the court that the...
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Dividing cryptocurrency in a NSW property settlement will likely trigger Capital Gains Tax (CGT) implications for both parties. The key complication is determining the cost base of the cryptocurrency being transferred, and understanding how different types of crypto transactions are...
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Proving your spouse owns cryptocurrency requires demonstrating its existence and value as an asset in a property settlement. The key challenge is that cryptocurrency isn’t always readily visible like a house or a bank account, and tracing it can be...
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There is no set amount of time a non-primary-carer parent will receive under Australian family law. The arrangements are determined by what is in the best interests of the child, and can range from very limited supervised time to substantial...
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A parenting order made by the Federal Circuit and Family Court of Australia isn't optional. Once it's in place, both parents are legally bound to follow it — and breaching that order is a serious matter with real consequences. What...
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There is no fixed statutory timeframe for a property settlement in New South Wales, as the duration depends on whether the parties reach an agreement or require court intervention. The core complication is that the process is often driven by...
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The most effective way to reduce legal costs is to reach an agreement with your former partner and file for consent orders rather than proceeding to a contested hearing. The core complication is that emotional conflict often drives parties toward...
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Determining the average cost of a contested divorce in NSW is difficult, as costs vary enormously depending on the complexity of the matter, the level of conflict between the parties, and the amount of time required to reach a resolution....
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While you are not legally *required* to have a family lawyer to get divorced in NSW, it is almost always advisable. The process, even in amicable separations, involves navigating specific legal requirements and potential pitfalls that can significantly impact your...
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The filing fee for an application for divorce in 2026 is $1,125, or $375 for those eligible for the reduced fee. The core complication is that these fees only cover the legal dissolution of the marriage and do not include...
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Currently, the legal framework in NSW does not distinguish between Bitcoin and other cryptocurrencies like Ethereum or altcoins when it comes to property settlement. All digital currencies are considered financial assets and are subject to the same principles of valuation...
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The Family Court can take steps to prevent a party from dealing with cryptocurrency during NSW divorce proceedings, but a direct ‘freeze’ isn’t automatically available. The court’s powers are broad, but securing cryptocurrency requires specific orders and faces unique challenges...
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Yes, you absolutely must disclose all cryptocurrency holdings in a NSW property settlement. Failure to do so is considered a failure to provide full and frank disclosure, which can have serious consequences. The court expects complete transparency regarding all assets,...
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The Family Court treats Bitcoin and other cryptocurrencies as property in a divorce, meaning it’s subject to division in a property settlement. However, tracing, valuing, and ultimately securing these digital assets presents unique challenges that can complicate the process. What...
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High net worth property settlements follow the same legal framework as any other property matter under the Family Law Act 1975 — but the practical complexity is of a different order. When the asset pool involves business interests, trusts, investment...
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Property settlements in NSW are governed by the Family Law Act 1975 and involve the legal division of assets and the provision of spousal maintenance. The core complication is that the legal validity of a settlement often depends on strict...
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The cost of a divorce in NSW varies significantly, ranging from a few hundred dollars for a fully consented, straightforward matter, to tens of thousands of dollars if the matter is contested and requires court hearings. The final cost depends...
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Australian family law does not use a specific checklist to classify a parent as "unfit"; instead, the court focuses on the care, welfare, and development of the child. The core complication is that suitability is determined on a case-by-case basis...
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Separation in Australia occurs when a couple no longer lives together as a couple, though the core complication arises when parties continue to reside in the same home. The law focuses on the breakdown of the relationship rather than the...
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Australian law does not use the term "full custody," instead focusing on "parenting arrangements" and "parental responsibility." The core complication is that the law encourages shared consultation between parents, provided it is safe to do so. Consulting on major long-term...
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The standard court filing fee for an application for divorce in 2026 is $1,125, although a reduced fee of $375 is available for eligible applicants. The core complication is that these fees are mandated by federal regulations rather than the...
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The Family Court aims for a just and equitable division of assets when a marriage or de facto relationship ends, but this doesn’t automatically mean a 50/50 split. The court considers a range of factors to achieve a fair outcome,...
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As of 2025-2026, a lawyer’s time spent on family law work in NSW is charged at $194.69 per hour, plus GST. However, this figure only represents the cost of the lawyer’s time and doesn’t include other associated court fees or...
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The cost of a divorce lawyer in NSW varies significantly, depending on the complexity of your matter and how you choose to resolve it. While court filing fees are relatively fixed, legal fees are determined by the lawyer’s hourly rate...
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The family home is often the most significant asset in a divorce, and determining what happens to it is a central part of the property settlement. The court’s approach isn’t automatic – there’s no presumption of a 50/50 split, and...
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There's no standard formula. Australian family law doesn't prescribe a default time split — every arrangement is determined by what best serves the individual child. That said, there are common patterns, and understanding them can help set realistic expectations when...
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A Bitcoin property settlement involves identifying digital assets as part of the overall asset pool and using court orders to determine their division. The core complication is the tension between assets held in regulated exchange services and those held in...
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Your entitlements in a separation are determined by the specific facts of your relationship and assets, although the process is often complicated by existing overseas orders or the need to protect children from violence. There is no single fixed entitlement,...
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A child can legally refuse to see a parent without court-ordered enforcement once they turn 18, marry, or enter a de facto relationship. For children under 18, there is no specific age where they gain an absolute legal right to...
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Whether you must provide financial support depends on whether there is a maintenance agreement or a court order, but providing some household services does not prevent you from being legally separated. What defines separation? Under section 49, parties are considered...
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Whether your wife is entitled to half your savings depends on the existence of a Binding Financial Agreement or the specific findings of a property settlement. There is no automatic presumption of an equal division of assets. Binding Financial Agreements...
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The fastest way to obtain a divorce in NSW is to file an application immediately after you have lived separately and apart for a continuous period of 12 months. The primary complication is ensuring that your separation meets the strict...
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Removing a child from an unsafe parent generally involves notifying child welfare authorities and seeking urgent protective orders from the court. The core complication is the high evidentiary threshold required to shift parenting arrangements rapidly while ensuring the child's safety....
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A child cannot legally dictate their own living arrangements until they reach 18 years of age. Until that time, decisions regarding parenting arrangements are made by the parents or the court based on the child's best interests. When do parenting...
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The provided legal records do not contain information regarding the largest property settlement in Australian history. Determining a "biggest" settlement is complicated by the fact that many high-net-worth agreements are reached privately and remain confidential. Initiating a property settlement To...
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Entitlements typically involve a property settlement and potentially spousal maintenance, depending on the financial needs and capacities of both parties. The core complication is that there is no automatic formula for division, and outcomes depend on full financial disclosure and...
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A child can legally decide where to live once they turn 18, marry, or enter into a de facto relationship. For children under 18, there is no specific age where they gain a unilateral legal right to choose, as the...
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A mother cannot legally withhold a child from the father if there are court orders in place governing spending time, unless the child's safety is at immediate risk. The legality of such actions is complicated by the existence of conflicting...
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