Family Law in NSW: Your Guide to Resolving Family Matters Fairly
Navigating separation, parenting, property or financial disputes? This is where NSW family law meets real life — and where Jones Hardy stands by your side.
What Is Family Law in New South Wales?
Family law is the legal framework that governs:
- How couples separate, divorce or divide assets
- How children are cared for and their living arrangements (parenting orders)
- How financial responsibilities are shared (spousal maintenance, child support)
- Rights around de facto relationships, prenuptial agreements, surrogacy, and more
In NSW and Australia, family law is governed both by federal law (primarily the Family Law Act 1975) and state/territory-specific rules. Where matters are strictly federal (divorce, parenting across state lines, de facto property division), the Family Law Act 1975 applies across Australia. For state-based issues (e.g. enforcement, or property settlement in de facto relationships in NSW), NSW laws and court practice rules also play a role.
When you land on this page, you’re in the right place if you’re:
- Thinking about separation or divorce in Sydney, NSW
- Worried about children’s care or access
- Unsure about how to split assets or financial support
How Family Law Works in NSW: Key Principles & Process
Here are the driving ideas and steps that shape family law in NSW and Australia:
- Best Interests of the Child
The court’s primary concern is always the best interests of any children. This principle is anchored in the Family Law Act 1975, and influences parenting orders, relocation, and custody decisions. - Just and Equitable Division
In property or financial matters, the court aims for a fair, but not necessarily equal, division of assets — considering contributions, future needs, earning capacity, and care responsibilities. - Consent, Mediation & Dispute Resolution
Before going to court, parties are encouraged (and often required) to try mediation, family dispute resolution (FDR) or collaborative law. It’s both cost-effective and gives you more control over the outcome. - Federal & State Overlap
- ** Divorce, parenting across borders, international matters** → handled under the Family Law Act 1975 (Cth)
- Property settlements for de facto couples, state-based orders → may rely on NSW Property (Relationships) Act 1984 or related state laws
- Enforcement, contravention, interim orders → regulated under both federal and state rules, including Federal Circuit & Family Court (Division 1 & 2) in NSW
- Phases You May Go Through
- Initial advice and strategy
- Negotiation, mediation, or consent orders
- Interim hearings (if urgent)
- Formal applications or contested court proceedings
- Final orders: parenting, property, financial
Pillars of Family Law (What We Help With)
Each of these is a core area you’ll see repeatedly across our content and service pages:
| Pillar | What It Covers | Why It Matters to You |
| Parenting & Children | Parenting orders, relocation, parental alienation, grandparents’ rights | How and where your children live is one of the highest stakes issues |
| Property & Finances | Property settlement, binding financial agreements (prenups), spousal maintenance | These define your financial security after separation |
| Dispute Resolution & Consent Orders | Mediation, family dispute resolution, consent orders instead of litigation | Less stress, less cost, more control |
| Separation & Divorce Process | Divorce applications, separation timing, de facto relationship ends | Guarantees legal finality and accurate application of the law |
| Enforcement & Modifications | Breach of orders, changing child support, parenting orders or maintenance | Life changes and disagreements may require flexibility |
What You Can Do Next
Here’s how to move forward, step by step:
- Start with our subtopic pages — click through to the area most relevant to your situation.
- Read our practical guides — we break down what to expect, what to prepare, and how to talk to courts or the other party.
- Use the checklists and templates we provide (e.g. “What to bring to court in NSW”).
- Talk with us early — we can help you choose the best path (mediation, consent orders, or court).
- Stay informed — family law is constantly evolving, and we update our resources accordingly.
Need Help Navigating Family Law in NSW?
At Jones Hardy Law, we support clients across Sydney and New South Wales with clear, expert guidance on every stage of the family law process — from separation to parenting orders to final court outcomes.