Family Law Services Dubbo

Key Areas of Family Law — Dubbo, NSW

Below are the main family law areas we handle, and how we assist clients (both married and de facto) in each.

Divorce & Separation

• Legal separation vs divorce: when you separate, you don’t have to apply for “legal separation,” but a divorce formally ends the marriage.
• How to apply: one party must file an Application for Divorce in the Federal Circuit and Family Court (or associated registry). Parties can however apply jointly if they agree to.
• Timing: A divorce cannot be granted until at least 12 months after separation.
• What we help with: drafting the application, preparing affidavits, service of documents, responding to the other party, and dealing with any objections or complications (e.g. overseas service or complex jurisdiction issues).

Parenting Arrangements & Child Custody

• Parental Responsibility (meaning who is responsible for making decisions about major long-term issues in relation to a child e.g. schooling, living arrangements, or religion), where they will live.
• “Spend time with” How much time the child will spend with each parent (formerly “custody” and “access”).
• Parenting Plans and Consent Orders: If arrangements are agreed upon without going to Court, we draft these documents for you.
• Disputes: if parents disagree, we can assist in mediation, negotiation, or in making applications to the Court for Parenting Orders.
• Independent Children’s Lawyer (ICL): in more contested disputes, the court may appoint an ICL to represent the child’s best interests.

Child Support / Advice & Maintenance

• Calculation under the Child Support Agency (CSA) / Child Support Scheme.
• If parties disagree with CSA assessments, or if the CSA cannot determine, we can assist with Objections, or Court-based Applications as appliable. Variation, enforcement and arrears: we handle variation applications, enforcement processes, and dealing with unpaid Child Support.

Property & Financial Settlement

• Upon separation or divorce, parties we assist parties in formally dividing their assets and liabilities, (including superannuation) and business interests.
• We do the above by drafting Binding Financial Agreements (BFAs) (Post Nuptial agreements) / or Consent Orders, to be lodged and approved by the Court (FCFCOA)
• In addition, we draft BFAs before (pre-nups), or during a de facto relationship or marriage, to protect your assets in the event of a future relationship breakdown.
• Valuations, disclosure, negotiation and, if required, court adjudication of disputes.

Spousal Maintenance / Alimony

• Applications for financial support from one spouse to another when fair and reasonable.
• Assessment based on income, earning capacity, age, health, caring responsibilities, and duration of the relationship.

Domestic & Family Violence / Protection Orders

• Applying for or defending Intervention Orders (Apprehended Domestic Violence Orders, ADVOs) or protection orders in NSW.
• Representation in court, advice on safety planning, and connecting you with support services.

Other Family Law Matters

• Paternity / parentage / DNA testing.
• Grandparents’ rights (applications for time with grandchildren).
• Child abduction or recovery (both interstate and international) under Hague Convention and local laws.
• Divorce orders in jurisdictions abroad (recognition issues).
• Access and relocation disputes (if a parent wishes to move the child interstate or overseas).

De Facto Relationship Law

• Recognition of de facto relationships under Australian family law.
• Rights and entitlements to property, financial settlement, and spousal maintenance upon separation.
• Parenting and child support rights for de facto couples.
• Time limits and requirements for making claims after separation.
• Assistance with formalising agreements through Consent Orders or Binding Financial Agreements.

Prenups & Financial Agreements

• Advice and drafting of Binding Financial Agreements (BFAs) — pre-nuptial, post-nuptial, or during a relationship.
• Protecting assets and clarifying financial arrangements in case of separation.
• Reviewing and updating agreements to ensure legal enforceability.
• Negotiation and settlement support to avoid future disputes.

Mediation & Family Dispute Resolution (FDR)

• Assisting parties to resolve disputes outside of court.
• Accredited FDR practitioners and mediation support.
• Preparing and formalising agreements reached through mediation.
• Compulsory FDR compliance before parenting applications to the court.

What to Expect When Attending Court in Dubbo, NSW

If your matter proceeds to court, here’s how to prepare and what to expect:

1. Court Registry & Venue
   • In Dubbo, many family law matters are heard at the Federal Circuit and Family Court of Australia (FCFCOA) registry at Dubbo, or via circuit sittings of that court. For more complex issues (for example, with high financial value, multiple expert reports, or contested trial-type hearings), matters may be heard at a higher level within the family law system (senior judges, longer hearings), but stay within the family law (federal) courts.
2. Documents You’ll Need
   • Your filed court documents (Applications, affidavits, responses).
   • Financial disclosure: bank statements, tax returns, superannuation statements, valuations, business accounts.
   • Evidence and witness statements.
   • Any mediation or Family Dispute Resolution (FDR) certificate.
3. Dress, Conduct & Court Etiquette
   • Dress formally (business attire).
   • Arrive 15-30 mins early, allow time for security or registry procedures.
   • Be respectful in court (address the judge as “Your Honour”).
   • Stand when the judge enters or leaves the courtroom.
   • Electronic devices should be silenced or off.
   • Speak clearly, calmly, and only when spoken to.
   • Listen carefully and follow instructions.
4. Hearing Process
   • The court may hold case conferences, mentions, and conciliation sessions before the final hearing.
   • Each side presents submissions, evidence, and witness cross-examination.
   • The judge (or magistrate) will make interim or final orders.
5. Costs & Orders
   • The court may make orders as to costs — who bears what share of legal costs depends on conduct and outcome.
   • The court has powers to enforce orders, but enforcement can sometimes require a separate application.
   • In some cases, parties may apply for a review, variation, or appeal of orders, usually within strict timeframes.
   • Sometimes, the court makes interim (temporary) orders to cover immediate issues (e.g., child arrangements, financial support) before final orders are made.
   • Our team at Reaburn Solicitors can provide estimates or quotes for likely costs upfront and discuss payment options to reduce surprises.