Family lawyers for Singleton and the Upper Hunter
Separation and family law matters are among the most personally difficult legal matters anyone faces. Julia Clarke Solicitor provides experienced, practical family law advice to clients across Singleton and the Upper Hunter. We handle every matter with sensitivity and a focus on achieving the best possible outcome for you and your children, with the minimum of cost and conflict.
We conduct consultations by phone, video call, or in person — whichever is most convenient for you. Many of our clients across Singleton handle their entire matter without visiting our East Maitland office. Where we need to attend a court appearance or a formal signing, we will arrange to attend at a registry or location convenient to you.
Separation and divorce
Separation is the starting point for most family law matters. In Australia, there is no formal separation process — separation is a factual question of whether the parties have separated and communicated that to each other. You can apply for a divorce after 12 months of separation. The divorce itself does not resolve property or parenting matters — these must be dealt with separately, and we recommend doing so promptly after separation.
Family law matters for clients across the region are heard in the Federal Circuit and Family Court of Australia (FCFCA) at the Newcastle Registry in Hunter Street, or at the Sydney Registry. We represent clients at both registries and can appear by phone or video where the Court permits.
Property settlement
The Family Law Act 1975 (Cth) governs the division of property following separation for both married and de facto couples. The Court applies a structured process: first identifying and valuing all assets and liabilities of both parties; then assessing each party's financial and non-financial contributions (including as homemaker and parent); then considering each party's future needs including income, age, health, and the care of any children; and finally determining whether the proposed division is just and equitable.
Upper Hunter property settlements may involve residential homes in Singleton or Muswellbrook, rural and agricultural land, and financial assets built from mining sector incomes. We advise on realistic assessments of each party's contributions and future needs in this context.
There is a strict time limit on making property settlement applications — 12 months from the date of a divorce order, or 2 years from the end of a de facto relationship. Missing these deadlines can have serious consequences. We advise on your property position promptly after separation.
Parenting arrangements
All decisions about parenting arrangements — where children live, how much time they spend with each parent, and how major decisions are made — are guided by the best interests of the child as the paramount consideration under the Family Law Act 1975 (Cth). Parenting arrangements can be set out in a parenting plan (a written agreement that is not enforceable by the Court) or in consent orders (enforceable court orders made by consent).
Where parents cannot agree, mediation through a registered family dispute resolution practitioner is generally required before a court application can be made. We advise on parenting matters at every stage and can represent you in FCFCA proceedings where negotiated resolution is not possible.
Domestic violence and urgent orders
In circumstances involving domestic and family violence, urgent applications for Apprehended Domestic Violence Orders (ADVOs) can be made in the NSW Local Court, or for injunctions and parenting orders in the Federal Circuit and Family Court. We handle urgent applications sensitively and promptly. If you or your children are at risk, please call us immediately on (02) 4933 4277.
The Upper Hunter's coal mining industry means many family law property settlements in the area involve significant mining sector income — including FIFO salaries, mining bonuses, and superannuation balances well above the NSW average. Future needs assessments for mining sector clients require careful analysis of likely income trajectories, particularly where the mine has a finite operational life.
De facto relationships
The property and parenting provisions of the Family Law Act 1975 (Cth) apply to genuine de facto couples who have been in a relationship for at least two years (or who have a child together, or where one party has made substantial contributions). We advise de facto couples on the same basis as married couples for the purposes of property settlement and parenting arrangements.
Binding financial agreements
A binding financial agreement (BFA) — sometimes called a "prenuptial agreement" — allows couples to agree in advance on how their property will be divided if the relationship ends. BFAs can be made before, during, or after a relationship. Both parties must receive independent legal advice before signing. We draft and advise on BFAs for couples across Singleton and the Upper Hunter.