Family Law

Family Law in NSW

Divorce

Divorce in legislation is the legal end of a marriage. In Australia, when granting a divorce, the court does not consider the reason/s the marriage ended. Neither spouse needs to prove that the other did (or did not) do something which caused the breakdown of the marriage. The only ground for divorce is that the marriage broke down and there is no reasonable chance that the parties will get back together.


The Federal Circuit and Family Court of Australia has the jurisdiction or power to deal with divorce under Part VI of the Family Law Act 1975.


The granting of a divorce does not determine issues of financial support, property division or arrangements for children. It is simply a formal recognition that the marriage has ended.

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Property and Financial Settlement

If you have separated from your partner, whether it is a marriage or a de facto relationship, it would be prudent to organise a formal agreement. 

The Court has power to make financial orders in relation to marriages under Part VIII of the Family Law Act 1975.


If you agree on an arrangement, you can seek to formalise your agreement by applying for consent orders or making a financial agreement. If you cannot agree on some issues, you can use dispute resolution or mediation to help you resolve any issue in dispute. If you cannot reach an agreement after dispute resolution, you can apply to the Court for financial orders, including orders relating to the division of property and payment of spouse or de facto partner maintenance.


We note that Financial Orders are a separate process from Divorce proceedings. If you need assistance or would like to advice about the considerations when making financial Orders, please contact us.

Strata Title & Company Title

We are often called upon to assist clients buy and sell investment properties in the city, or owner occupied units. We have experience in these transactions, and can ensure that the process runs smoothly. We have also acted on Strata Title subdivisions, and represented parties in Litigation involving the Strata Scheme.

Rural Land


Based on our location and history, the firm has a large catchment of clients across a vast area of New South Wales. We have the experience to deal with all aspects of a rural transaction, and will advise you on any risks to be aware of, and can help you maximise your advantage in negotiations.

We are proficient in dealings with Western Lands Properties, including conversion to Freehold and seeking an early waiver of Minister's consent to allow for a smoother progression from exchange to settlement.


Our Solicitors have the experience to decipher the issues unique to Rural Property including determining whether you will be obtaining the benefit of any water licence, if there are any easements traversing the property, whether the purchase includes any Crown licences or Crown Leases.


Conveyancing — Lawyers in Dubbo, NSW

Our Solicitors have the experience to decipher the issues unique to Rural Property including determining whether you will be obtaining the benefit of any water licence, if there are any easements traversing the property, whether the purchase includes any Crown licences or Crown Leases.


Consultation — Lawyers in Dubbo, NSW

Water Law


Water law refers to the laws and regulations under legislation designed to control the allocation of water resources across NSW. Water rights and licensing is a complex area of legislation and law and one that varies from state to state and across multiple jurisdictions.


A Water Access Licence (WAL) is required to extract water from water sources such as rivers or aquifers to use for irrigation and industrial or commercial use. When transferring the entitlements of WALs there are certain obligations and specifications that you must be aware of prior to any dealing.



Nelson Keane and Hemingway have assisted many clients in the acquisition of water for agricultural, industrial, and commercial purposes, the trading of water entitlements, the licensing of entities to supply water to retail customers, catchment and distribution of water and third party access to government water.


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