Family law in Parramatta. One lawyer, start to finish.
I'm Neil Kirby, a Parramatta family lawyer with 15+ years across property settlements, parenting arrangements, child support, and binding financial agreements. When you call, you speak to me. When your matter goes to court, I'm the one standing up for you.
Free first call. About 30 minutes. No obligation.
What family law actually covers in Australia
When a relationship ends in Australia, family law deals with four big questions. Who keeps the house and how the assets and debts get divided. What happens with the kids. Whether anyone needs to pay or receive child support, and how much. And whether you need a financial agreement to protect what you've built or what's coming next.
Most of these matters never see a courtroom. Mediation, negotiation, and consent orders settle the vast majority of separations. Court is for the situations where the other side won't engage, or where there's an urgency the system needs to act on. The rest is conversation, paperwork, and a lawyer who keeps you steady through it.
Here's what each part actually involves.
Dividing what you built together
Property settlement is the legal process of working out who keeps what after a separation. It applies to married couples and to de facto partners, including same-sex relationships, who have lived together for at least two years, who have a child together, or who have made significant joint financial contributions.
What gets divided isn't just the house. It includes superannuation, savings, investments, business interests, vehicles, debts, and anything either partner brought into the relationship. The Family Law Act sets out the framework. The court, or you and your partner by agreement, looks at what each of you contributed financially and non-financially, your future needs, and what's a just and equitable outcome.
In practice, most property settlements are negotiated between lawyers and finalised with consent orders, which the court approves on the papers without you setting foot in a courtroom. The negotiation can take a few weeks for a clean break, or several months when assets are complex or the other side is dragging.
Arrangements that put your children first
When parents separate, the law's starting point is what's in your children's best interests. That includes the right of children to spend meaningful time with both parents, where it's safe, and to be protected from harm. It does not start from a 50/50 split, despite what people often hear.
Parenting arrangements can be informal between parents, written into a parenting plan, or formalised as parenting orders made by consent or by the court. Most parents who reach a workable agreement use mediation, called Family Dispute Resolution or FDR, before any court involvement. FDR is mandatory before applying for parenting orders unless there are safety concerns.
Where one parent has been the primary carer, where there's a history of family violence, or where a parent wants to relocate, the issues are more complex and the orders need to reflect the reality of your family, not a template.
Agreements that fit your family's circumstances
Child support in Australia is administered by Services Australia, which uses a formula based on each parent's income, the number of children, and the time they spend with each parent. For most families, the formula assessment is the default and works fine.
For families where the formula doesn't reflect reality, a private child support agreement can be negotiated. There are two types: limited agreements and binding agreements. The binding version is more secure but requires legal advice and a written agreement before it's enforceable. Common reasons to negotiate a private agreement include irregular income, shared care that isn't reflected in the formula, or a wish to set school fees and extracurricular costs separately.
Protecting what you've built. Or what's coming next.
A binding financial agreement, often called a BFA, is a legally enforceable contract between two people in a relationship that sets out what happens to their property and finances if the relationship ends. They can be made before living together (often called a prenup), during the relationship, or after a separation.
BFAs only work because both parties get independent legal advice and sign the agreement under specific Family Law Act requirements. Skip those steps and the agreement is worthless. That's why DIY templates and online forms regularly fall over when they're tested.
BFAs are useful for protecting pre-existing assets, recognising one partner's significantly larger contribution, providing for children from a previous relationship, or sealing a property settlement after separation without going through the consent orders process.
Most family law matters settle without a trial.
Going to court is rarely the goal. It's slow, expensive, and stressful, and it puts a judge in charge of decisions that you and the other party are usually better placed to make yourselves. Most family law matters settle through negotiation between lawyers, mediation, or consent orders signed by both parties and approved by the court on the papers.
Court is the right path when the other side won't engage in good-faith negotiation, when assets are at risk of being moved or hidden, when there's a safety concern that needs an urgent order, or when the parties genuinely can't agree and a binding decision is needed.
I prepare every matter as if it might end up in court, even when settlement is the likely path. That's how you negotiate from a position of strength. But I'll always tell you straight whether your matter actually needs the courtroom, or whether you'd be better off settling and getting on with your life.
What happens after you call
The first conversation
You call 0433 623 651 and you speak to me. Not a receptionist, not an intake team. The first conversation is free and usually takes around 30 minutes. You tell me what's going on. I ask the questions that matter. By the end, you'll know whether you have a matter, what your options look like, and what it's likely to cost to do something about it.
The plan and the cost estimate
Before you commit to anything, I'll write you a plain-English plan. What I think the right next step is, what it will involve, how long it should take, and what it'll cost. No surprises in week three. No unexpected disbursements you didn't agree to.
Negotiation, mediation, or consent orders
This is where most family law matters get resolved. I write to the other side, work through the issues, and bring it to a settlement that you can sign and get on with your life. Where mediation is required or useful, I'll prepare you for it and represent you through it.
Court, but only if it's actually needed
If the other side refuses to engage, or there's an urgency, I'll prepare and run your matter through the Federal Circuit and Family Court. I've been doing this for over 15 years. I know the local registrars, the duty list, and how the system actually moves.
How I bill, in plain English
The first conversation is free. After that, my goal is no surprises. Before any work starts, you'll get a written estimate of what your matter is likely to cost, broken down by stage. I bill in increments that match the actual time spent, and I send you a clear running statement so you always know where you are.
Where the work has a defined scope and a clear endpoint, I'll quote a fixed fee. Binding financial agreements, consent orders, and reviews of documents the other side has sent are common examples. Where the path is open-ended, like a contested matter that may or may not settle, I'll quote a stage-based estimate and update it as we go.
What I won't do is lock you into a trust account top-up, send invoices that don't tell you what you paid for, or surprise you with an extra zero on the final bill. I'll always tell you the likely total before you commit.
Why Parramatta matters
I practise from Parramatta because that's where the families I help live, work, and go to court. The Parramatta Family Court is a short walk from my office. I know the registrars, the listing duty schedule, and how the local court moves. When your matter needs court, that local knowledge translates into faster decisions, fewer wasted appearances, and an honest read on what your judge is likely to do.
You also won't pay CBD overheads for it. I run a solo practice, not a glass-tower partnership. That keeps my costs down, which keeps yours down.
Other questions people ask
It depends on whether the other side engages and how complex the asset pool is. A clean negotiated settlement on a straightforward matter can be done in two to four months. A contested settlement involving a business, complex super, or an uncooperative ex can take twelve months or longer. I’ll give you a realistic estimate after I’ve seen your situation.
No. The law treats your interests as separate, even when you agree on everything. If you both want a quick consent-order outcome, you’ll each need your own lawyer. The other side’s can be a different solo practitioner or firm. I can refer you to lawyers I respect for the other side.
Yes, in most cases. Family law in Australia covers de facto relationships, including same-sex relationships, where you’ve lived together for at least two years, where you have a child together, or where there’s been a significant financial commitment. If you’re unsure whether you qualify, the first conversation will tell you.
Even when you agree, you usually need consent orders or a binding financial agreement to make the agreement enforceable and final. Without that, your ex can come back in years to come and ask for more. I draft and lodge consent orders regularly, and the process is a fraction of the cost of a contested matter.
If you’re worried about your safety or your children’s safety, that takes priority. Apprehended Violence Orders and urgent parenting orders can be applied for quickly. If your situation needs immediate police involvement, call 000 first. Then call me, and I’ll help you with the legal steps from there.
If you’ve been served papers, call now. There’s almost always a deadline to respond. If you’re considering a separation but haven’t moved on it yet, calling early gives you better information. The first conversation is free. There’s no commitment in finding out where you stand.
Ready to talk it through?
The first conversation is free, takes about thirty minutes, and you'll know more about where you stand than you did before you picked up the phone.