Resource Centre

No. You can reach a property settlement at any time after you separate. If you were married, court proceedings for property must generally be started within 12 months of your divorce becoming final. If you were in a de facto relationship, the time limit is generally 2 years from separation. Agreements can be made legally binding with consent orders or a binding financial agreement.

You must have been separated for at least 12 months. You can be separated while still living under the same roof, but you will need to provide extra information to the Court. If you have been married for less than 2 years, you will usually need to attend counselling first or get the Court’s permission.

Keep copies of important financial documents, think about immediate arrangements for any children, update passwords and access to joint accounts where appropriate, and get early legal advice. Our free separation guides and checklists are a good place to start.

No. The law focuses on what is in each child’s best interests, including their safety. Since May 2024 there is no presumption of equal shared parental responsibility, so arrangements are worked out case by case.

In most cases, yes. Parents usually need to attempt family dispute resolution and obtain a section 60I certificate before applying for parenting orders. There are exceptions, such as where there is family violence or urgency.

A parenting plan is a written agreement signed and dated by both parents. It is not legally enforceable. Parenting orders are made by the Court, often by agreement (consent orders), and are legally binding.

Your estate is shared according to a formula set out in NSW law (the intestacy rules), which may not reflect your wishes. A valid Will lets you choose who inherits and who manages your estate.

Yes. In NSW, marriage generally cancels an existing Will unless it was made in contemplation of that marriage. Divorce generally cancels gifts to your former spouse and their appointment as executor. It is a good idea to review your Will after any major life change.

An enduring power of attorney lets someone you trust manage your financial and legal affairs. An enduring guardian makes lifestyle, health and medical decisions for you if you lose the capacity to make them yourself.

Probate is a grant from the Supreme Court of NSW that confirms a Will is valid and that the executor has authority to administer the estate. Whether probate is needed depends on the assets in the estate and the requirements of banks and other institutions.

A close family member usually applies to the Supreme Court for letters of administration so they can manage the estate. The estate is then shared according to the NSW intestacy rules.

A family provision claim generally must be made within 12 months of the date of death. Time limits are strict, so get advice early.

For residential property bought by private treaty, there is generally a 5 business day cooling-off period after exchange. If you withdraw during that time, you usually forfeit 0.25% of the purchase price. There is no cooling-off period when you buy at auction.

Transfer duty is generally payable within 3 months of the contract being exchanged. Eligible first home buyers may receive an exemption or concession. Revenue NSW has calculators and details.

We review or prepare the contract, explain your obligations, run the searches and checks, work with lenders and the other side, and manage settlement so the property transfers correctly.

An Apprehended Violence Order is a court order that protects a person from violence, threats, intimidation or harassment. In NSW there are apprehended domestic violence orders (ADVOs) and apprehended personal violence orders (APVOs).

If you are in immediate danger, call 000. For confidential counselling and support at any time, call 1800RESPECT on 1800 737 732.