Frequently Asked Questions

Family Law & Criminal Defence FAQs NSW

Clear answers to common questions about family law, criminal charges, parenting matters, police powers and court processes in New South Wales.

Family Law FAQs

How long does divorce take in NSW?

In Australia, a divorce application can generally be filed after the parties have been separated for at least 12 months. Once filed, the Court process itself may take several months depending on the circumstances and whether there are complications involving children, service issues or disputed matters.

Do I need to go to Court for a divorce?

Not always.

Many divorce applications are handled electronically through the Federal Circuit and Family Court of Australia. If there are children under 18, attendance requirements may differ depending on whether the application is sole or joint.

What is the difference between divorce and property settlement?

Divorce legally ends a marriage.

Property settlement deals with the division of:

assets,
liabilities,
superannuation,
savings,
investments,
businesses,
and financial interests.

These are separate legal processes.

How is property divided after separation?

The Court considers several factors, including:

financial contributions,
non-financial contributions,
parenting responsibilities,
future needs,
income disparity,
and the overall fairness of the proposed outcome.

Every matter is assessed individually.

What are parenting arrangements?

Parenting arrangements determine:

where children live,
time spent with each parent,
schooling,
medical decisions,
holidays,
and parental responsibilities.

The Court’s primary consideration is always the best interests of the child.

Can fathers get equal parenting time in NSW?

Australian family law does not automatically favour either parent.

The Court focuses on:

the child’s best interests,
safety considerations,
stability,
meaningful relationships,
and practical parenting arrangements.

Each case depends on its own circumstances.

What happens if parenting orders are breached?

Breaching parenting orders can result in:

contravention proceedings,
enforcement applications,
make-up time orders,
fines,
or other Court consequences.

Legal advice should be obtained promptly if parenting orders are not being followed.

What is mediation in family law?

Mediation (also called Family Dispute Resolution) is a process where parties attempt to resolve parenting or financial disputes without litigation.

In many parenting matters, mediation is required before Court proceedings can commence unless exceptions apply.

How long do property settlements take?

The timeframe depends on:

complexity,
asset structure,
cooperation between parties,
business interests,
and whether litigation is required.

Some matters resolve within weeks, while others may take significantly longer.

Criminal Law FAQs

What should I do if police want to question me?

Remain calm and seek legal advice immediately.

You generally have the right to remain silent and speak with a lawyer before participating in a formal police interview.

Do I have to answer police questions?

In many situations, individuals maintain the right to silence.

However, there are circumstances where you may be legally required to provide:

identification,
licence details,
or comply with lawful directions.

Providing legal advice depends on the specific circumstances.

Can police search my phone?

Police powers relating to phones and digital devices depend on:

warrants,
arrest powers,
consent,
and other legal authorities.

Digital privacy laws are complex and legal advice should be obtained immediately if police seek access to your device.

What happens after an arrest in NSW?

Following an arrest, police may:

question you,
investigate allegations,
issue bail,
refuse bail,
or bring you before a Court.

You have important legal rights during this process, including the right to legal advice.

What is bail?

Bail allows a person charged with offences to remain in the community while their matter progresses through Court.

Conditions may include:

reporting requirements,
curfews,
residence conditions,
or non-contact orders.

What is an AVO?

An Apprehended Violence Order (AVO) is a Court order designed to protect individuals from:

violence,
intimidation,
harassment,
stalking,
or threatening behaviour.

Breaching an AVO can constitute a criminal offence.

What should I do if police ask to search my car?

Remain calm and avoid obstructing police.

Police generally require lawful grounds to conduct vehicle searches unless specific powers apply.

If you are unsure about your rights, obtain legal advice as soon as possible.

What is a criminal record?

A criminal record may include:

convictions,
findings of guilt,
and some Court outcomes.

The impact of a criminal record varies depending on:

employment,
licensing,
travel,
and the nature of the offence.

Will I have to go to Court?

Many criminal matters require Court attendance.

The process depends on:

the alleged offence,
plea entered,
and whether the matter is defended.

General FAQs

Do you appear in Courts across NSW?

Yes.

CDA Legal assists clients across New South Wales in a range of family law and criminal law matters.

Do you offer confidential consultations?

Yes.

Initial discussions are handled confidentially and professionally.

How quickly should I seek legal advice?

As early as possible.

Obtaining legal advice early can help:

protect your rights,
avoid mistakes,
and improve preparation.

Can matters be resolved without going to trial?

Many legal matters resolve through:

negotiation,
mediation,
agreements,
or plea discussions.

However, some disputes require Court determination.

How do I contact CDA Legal?

You can contact CDA Legal through:

the website contact form,
phone enquiries 0413 425 072,
or consultation requests.

Need Legal Advice?

If you require advice regarding:

family law,
parenting disputes,
criminal charges,
police investigations,
or Court proceedings,

contact CDA Legal for confidential legal guidance.