Family Law


O’Brien Winter Partners offers unique and personalised services in all areas of Family Law. We understand that the breakdown of your family can be one of the most traumatic and confusing times of your life. Our aim is to help you through this period by advising you of your options and tailoring solutions to meet your individual circumstances and requirements. Our Family Law solicitors have expertise in a wide range of areas ranging from Divorce and De Facto relationships to Binding Financial Agreements and Property Settlements. Our Solicitors can also provide assistance in many other areas including but not limited to: Parenting, Consent Orders, Child Support, Maintenance, AVO’s, Alternative Dispute Resolution, Court proceedings, Case preparation, Enforcement and contravention, Appeals and Reviews.

It is important to us that you feel informed, involved, and supported during all aspects of this difficult process. We are committed to resolving your matter in a prompt, constructive and non-confrontational manner through negotiation and mediation wherever possible. These methods can offer positive outcomes without the stress and cost of ongoing litigation. O’Brien Winter Partners can also provide you advices prior to any relationship breakdown, in order to allow you to make the most appropriate decisions based on your own individual situation. We do however understand that legal proceedings are sometimes necessary to attain your desired outcome. If this is the case, you can be assured that we will not only be there to guide you through every step, but to take strong and effective legal action on your behalf. Our goal is to minimise the stress of relationships breakdown for you and your family during this emotional time.

At O’Brien Winter Partners we have the resources to consult with our Solicitors who have experience in other areas such as wills and probate, AVO matters and conveyancing. We also have experience with working alongside other professionals to best assist you in your matter, including accountants, financial advisors and property valuers. We also have the capacity to instruct various Family Law specialist Barristers or Senior Counsel throughout the court process if required.

Contact Us

If you require a dedicated and experienced legal professional to assist you in your Family Law matter, please contact solicitor Kristy Winter on kristy@owplaw.com.au. Alternatively, contact our office on 02 4949 2000 to arrange a conference with Kristy or another one of our experienced Family lawyers. Please note our conferences are $220 per half hour, payable on the day. Any other costs will be discussed by your solicitor in your conference as these may vary depending on the best course of action after obtaining your full instructions.

FAQ’s

Is a Lawyer required in Family Law situations?

This is often an initial question that many people ask when faced with an issue in the Family Law area. The answer to this question will be based on a number of different factors; including if there is an amicable breakdown in the relationship, if there are children involved, if your partner has instructed a lawyer and if you are sure of your rights, entitlements and your obligations. O’Brien Winter Partners can also help you in identifying factors or providing you with advices prior to any relationship breakdown which may assist in the long term.

Do we take on Legal Aid work?

We do take Legal Aid Family Law matters which comply with the Legal Aid Family Law Grant Policies (including means tests, income tests, asset tests and guidelines regarding the type of Family Law matter). You will need to complete the Legal Aid Application Form available from the NSW Legal Aid Website and provide this to our office along with your Bank and Centrelink Statements and any other documents as required. Alternatively, you can contact our office for a preliminary conference for initial advices and decide what approach you would like to take in your Family Law matter.

Are there specific time frames in Family Law that I need to be aware of?

  • Divorce- Separation involves a number of different factors and this can be discussed with your lawyer at your initial conference. There is no time period in which an application for divorce must be submitted. An application for divorce can be brought at any time of the breakdown of a marriage. However, a separation of 12 months is required for an application in divorce.
  • Property settlement (where the couple is/was married) – An application for property settlement or spousal maintenance to the court, must be made within 12 months from the official date of divorce.
  • Property settlement (where the couple were in a de facto relationship) – An application for property settlement or spousal maintenance to the court, must be made within 2 years from the date of separation.

(Note: These time periods are a general guide. A number of different factors can influence these time periods)

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