Family law explained

Wills and Estates

What happens if you die without a Will in NSW?

Without a valid Will, a set of rules decides who inherits. Here's who is entitled, and why it may not match your wishes.

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Can I challenge a Will in NSW?

Who can challenge a Will, the 12-month time limit, and what the Court looks at when someone has been left out.

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What does an executor do in NSW?

What an executor does, whether probate is always needed, how long it takes, and when you can decline the role.

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What does an Enduring Guardian actually decide?

What an Enduring Guardian can decide, when the role starts, and how it differs from an Enduring Power of Attorney.

Read the story → Property & Wills

How your Will can affect a family law property settlement

Separation, inheritances, testamentary trusts and death during proceedings: how wills and family law property settlements interact.

Read the story → Property Settlement

Is my compensation payment protected after separation?

A compensation payment isn't automatically safe from a property settlement. How it's treated depends on what it's for and when it was received.

Read the story → Assisted Reproduction

Who decides what happens to embryos after separation?

Frozen embryos aren't treated like ordinary property. When separating couples disagree, consent and each person's autonomy are at the heart of the dispute.

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What happens if a party dies during family law proceedings?

A death during proceedings doesn't automatically end the case. What happens next depends on whether the dispute is about property, parenting or superannuation.

Read the story → Family Violence

Family violence: more than physical abuse

Under the Family Law Act, family violence goes well beyond physical assault. Here's what it covers and how it can affect parenting and property outcomes.

Read the story → Parenting Matters

When mediation fails: what happens next?

Mediation is expected in most parenting disputes, but it doesn't stop you going to Court if the other parent refuses or no agreement can be reached.

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What is a Child Impact Report?

When parents can't agree about their children, the Court may call on a Court Child Expert early in the case. Here's what a Child Impact Report is and how it differs from a Family Report.

Read the story → Property & Bankruptcy

Divorce and bankruptcy: when creditors become involved

Bankruptcy doesn't stop a property settlement, but it can bring a trustee — and your creditors — into the picture.

Read the story → Divorce

What happens after divorce is granted?

A Divorce Order ends the marriage — but it doesn't touch property, super or parenting. Here's what still needs to be sorted.

Read the story → Evidence & Disclosure

What evidence does the Court consider in family law cases?

The Court doesn't decide on allegations alone. Here's the kind of evidence — affidavits, documents, witnesses and experts — that actually carries weight.

Read the story → Evidence & Disclosure

What happens if someone lies to the Family Court?

Lying to the Court or hiding assets can seriously damage a party's case. Here's what the consequences can look like.

Read the story → Child Support & Parenting Orders

What happens when my child turns 18?

Parenting orders and child support generally end at 18 — but not always. What changes, and what exceptions can apply.

Read the story → Parenting Arrangements

What is an Independent Children's Lawyer?

An ICL doesn't act for either parent — their role is to independently represent the child's interests in Court. Here's what that involves.

Read the story → Evidence & Expert Reports

What is a Single Expert Witness?

When there's disagreement about property values or complex finances, the Court can appoint an independent expert rather than relying on competing reports.

Read the story → Parenting Arrangements

What is a Family Report?

When parents can't agree on parenting arrangements, the Court may order an independent Family Report prepared by a psychologist or social worker.

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What happens at the first court hearing?

The first Court event isn't a final hearing — it's about managing the case. What actually happens, and how to prepare.

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Can I be forced to sell the family home?

A separation doesn't automatically mean the home must be sold — but it doesn't guarantee you can stay either. What the Court actually weighs up.

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Separating when you own a business: what happens next?

Whether the business must be sold, who can keep operating it, and how its value is treated in a property settlement.

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The family car after separation: who keeps it?

Cars are often the first asset couples argue about after separating. Here's how ownership, finance and everyday use are actually sorted out.

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Can I protect my assets before marriage?

Financial agreements can protect what you bring into a relationship — but only if they're done properly. What works, what doesn't, and why.

Read the story → Parenting

What if my child refuses to see the other parent?

Children don't get to simply decide — but their views matter. What the Court looks at, and what's expected of each parent in the meantime.

Read the story → Wills and Estates

Why you should have a Will

Without a Will, the law decides who receives your assets and in what proportions.

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Making a Will for the first time: what you need to know

It doesn't need to be complicated — here's what to consider before you start.

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Planning for the future: Enduring Power of Attorney and Enduring Guardian

Estate planning isn't only about what happens after you die.

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