Family Lawyers Sydney
Family lawyers in Sydney at Invictus Legal provide expert, empathetic guidance to people going through separation, divorce and parenting disputes. Family law matters are among the most difficult experiences you can face, and we are dedicated to protecting your rights and your future with clear, strategic advice tailored to your circumstances.
Reviewed by Sam Saadat, Principal Lawyer, Invictus Legal. Last reviewed: 12 October 2026.
Why choose Invictus Legal as your Sydney family lawyers?
Choosing the right representation is crucial, which is why many clients look for the best family lawyers Sydney has to offer. As top Sydney family lawyers, we combine deep knowledge of the Family Law Act 1975 (Cth) with a client-centred approach, aiming for a fair resolution without unnecessary escalation. Rather than treating you as a case number, we take the time to understand the history of your relationship, your financial goals and your parenting priorities. Whether your matter involves a significant property division, international relocation or child support, we provide professional, discreet and assertive representation.
How can an expert family law solicitor in Sydney assist you?
An expert family law solicitor in Sydney explains your options in plain English and guides you through the procedures of the Federal Circuit and Family Court of Australia. From the start of your separation, we help you understand your position on assets, superannuation and the needs of your children, so you do not give up rights or agree to unfavourable terms under pressure. We identify risks early, such as assets being moved or established parenting routines being disrupted, and act quickly to protect your position. If you are looking for a family lawyer in Sydney focused on divorce or complex disputes, we provide the strategic oversight you need, and we can also assist with related property law issues.
What is the process for divorce and property settlement?
Divorce and property settlement are separate legal processes. To obtain a divorce, the court must be satisfied that the marriage has broken down irretrievably, which is shown by at least 12 months of separation immediately before the application is filed (Family Law Act 1975 (Cth) s 48). If there are children under 18, the divorce does not take effect until the court is satisfied that proper arrangements have been made for them (s 55A). See our Divorce Lawyers Sydney page.
Property settlement can be resolved before or after a divorce, but strict time limits apply: proceedings must generally be started within 12 months after a divorce order takes effect (s 44(3)), or within 2 years after a de facto relationship ends (s 44(5)), unless the court grants leave. The court identifies the assets, liabilities and superannuation of both parties, generally valued as at the time of the settlement or hearing rather than the date of separation, and considers each party's financial and non-financial contributions, their future needs, and the economic effect of any family violence. This can involve family trusts, business interests and superannuation splits. We aim to resolve matters through negotiation or mediation, and agreements can be formalised by consent orders or a financial agreement. If agreement is not possible, we are prepared to represent you in court.
How do child custody and parenting arrangements work?
Australian family law no longer uses the term "custody". Instead, the court can make parenting orders about who a child lives with, the time they spend with each parent, and how decisions about them are made. The best interests of the child are the paramount consideration (Family Law Act 1975 (Cth) s 60CA). Since 6 May 2024, the court must consider what arrangements would promote the safety of the child and each person caring for them, any views expressed by the child, the child's developmental, psychological, emotional and cultural needs, each person's capacity to meet those needs, the benefit to the child of a relationship with their parents and other significant people where it is safe, and anything else relevant (s 60CC(2)). Additional matters apply to Aboriginal and Torres Strait Islander children (s 60CC(3)).
Before applying to the court for parenting orders, you must generally attempt family dispute resolution and obtain a certificate from a registered family dispute resolution practitioner, unless an exception applies, such as family violence or urgency (s 60I). We help you prepare parenting plans or consent orders that put the children first, and where agreement is not possible, we provide strong, evidence-based representation in court. Read more about parenting arrangements.
What does it cost to hire a family lawyer in Sydney?
Fees for family law matters are determined by the scope of work involved, and we issue a costs agreement before we commence any work, so you have full transparency from the start. We offer a free 15-minute Express Consultation and a free 30-minute Initial Consultation, in person at our Marrickville office or by video.
Call our office on 02 8553 0500 or book online. For urgent matters, such as urgent court orders or injunctive relief, call our 24/7 urgent line on 0410 600 230.
This page is general information only and is not legal advice. Contact Invictus Legal to discuss your situation.
Frequently asked questions
How do I initiate a divorce in Australia?
You apply to the Federal Circuit and Family Court of Australia, alone or jointly with your spouse. The court must be satisfied that the marriage has broken down irretrievably, shown by at least 12 months of separation. If there are children under 18, the divorce does not take effect until the court is satisfied proper arrangements have been made for them.
What are my rights regarding property settlement after a separation?
The court can divide the property, debts and superannuation of both parties where it is just and equitable to do so, considering contributions, future needs and the economic effect of any family violence. Proceedings must generally be started within 12 months after a divorce takes effect, or 2 years after a de facto relationship ends.
How does the Family Court determine parenting arrangements for children?
The best interests of the child are the paramount consideration. The court considers safety, the child's views, the child's needs, each person's capacity to meet those needs, and the benefit of a relationship with each parent and other significant people where it is safe.
Can a family lawyer help with mediation and dispute resolution?
Yes. A lawyer advises you before and during mediation and can formalise any agreement by consent orders or a financial agreement. Before applying for parenting orders, you must generally attempt family dispute resolution and obtain a certificate, unless an exception applies.
How much will I need to budget for legal representation in my family law matter?
Costs depend on the complexity of your matter and whether it goes to court. Fees for family law matters are determined by the scope of work involved, and we issue a costs agreement before we commence any work. Our 15-minute and 30-minute initial consultations are free.