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HORNSBY FAMILY LAW EXPERTS

Going through a divorce or separation? Stacks Collins Thompson are the Hornsby lawyers generations of locals have turned to for expert legal advice and compassionate support during challenging times.
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“We are the family lawyers Hornsby and North Shore residents trust”

Relationships are complex and every family is unique. Our local community is home to families of all shapes and sizes, including multi-generational households, blended families, same-sex couples and diverse cultural backgrounds. When things don’t go to plan, it’s important to know your rights and have someone on your side.

At Stacks Collins Thompson, we understand that family law matters can be complicated and emotionally draining. We offer a listening ear, professional advice and strong advocacy to help you navigate these challenges. No matter your situation or what stage you are at, our experienced family lawyers in Hornsby can offer you timely advice and support.

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    The lawyers you know

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    Divorce and separation

    Relationship breakdowns are stressful. They also present a number of legal and financial challenges. Our experienced family lawyers have supported countless Hornsby and North Shore locals through this challenging time in their lives. We offer compassionate guidance through the process and will help you to understand your legal rights and responsibilities.

    Property and financial settlements

    It can be difficult to agree on how financial affairs should be settled in a separation. You may not even realise what you are legally entitled to when dividing joint assets. A specialist family lawyer can help you receive a fair settlement for your unique circumstances – for now and your long-term future. Among the factors to consider are:
    • The family home and its contents
    • Cars and any other vehicles (boats, caravans etc)
    • Savings and investments
    • Superannuation
    • Any spousal support and maintenance
    • Child support where children are involved

    Child custody and access arrangements

    Often the most difficult aspect of a separation involves making decisions about parenting arrangements.  The ideal outcome is to reach an agreement out of court, saving you and your family money, time and additional stress. This typically involves writing a parenting plan which, while not legally enforceable, may be all you need if both parents agree and commit to following it. If you cannot reach an agreement, you can need to apply for parenting orders from the family law court.  Either way, Stacks Collins Thompson has the experience to help you advocate for your children’s best interests and establish workable custody arrangements.

    Adoption, surrogacy and guardianship

    Every family is different, and so are their legal requirements. Many couples and individuals across Hornsby and the North Shore have created their families through adoption, surrogacy (both domestic and overseas) or other guardianship options. No matter what your journey looks like, Stacks Collins Thompson can help you navigate the legal aspects of starting or growing your family, with sensitivity and compassion.

    Domestic violence

    If you or someone you know are experiencing domestic violence, it is important to seek help.  Stacks Collins Thompson has decades of experience supporting survivors of domestic violence and helping them to recover and rebuild their lives. Our specialist team can guide you through:
    • Compiling and lodging reports to police
    • Obtaining an Apprehended Violence Order (AVO) or a Domestic Violence Order (DVO)
    • Potential flow-on effects of making a domestic violence report or obtaining an order
    • Managing domestic violence situations involving children
     

    Reviews from our clients

    Scott Wilson
    Scott Wilson
    We recently used Stacks Collin’s Thompson for a settlement.The service provided by Tracey Hussey was first rate, everything when without hitch.I would highly recommend.
    Jennifer Prowse
    Jennifer Prowse
    A huge thank you to Tracey for her kindness, speed and efficiency with our conveyancing. Tracey is very professional, knowledgeable and we would recommend her to everyone.
    Kathryn
    Kathryn
    I would like to thank Tracey, Kay and the team for working with me in the purchase and sale of my properties. I felt supported throughout the entire process and appreciated their prompt and thorough responses. Thanks again.
    Neil P
    Neil P
    The staff at Stacks Collins Thompson were very helpful and professional in their dealings with me in the sale of my property at Eastwood. Everything was done very efficiently, without any problems.
    Jeremy Claire Gluyas
    Jeremy Claire Gluyas
    Mr John Gooley was an agent of our first solicitor, in the end we gave him the brief as his clear and concise advice, was what I needed to hear( if not what i initially wanted). I was shown why my second choice was a better option. I feel I received proper legal advice, as opposed to what the representative thought I wanted to hear. A good outcome in an otherwise terrible situation. Thanks John and David.
    Caz Holden
    Caz Holden
    I am writing this letter to express my most sincere thanks for the most professional representation from Trina for my case and helping me in my time of need and being compassionate. I admire your composure, work ethic and your excellent representation for your company. I will not hesitate to use Stacks, Collins and Thompson in Hornsby for any future work needing to be addressed.Kind RegardsCarol
    Marc Erickson
    Marc Erickson
    Tracey and her amazing team has helped us with conveyancing for our home purchases and investments. They always have our best interests at heart and always double check that everything is correct! We could not recommend them more! Thanks guys…
    Julian Knysh
    Julian Knysh
    I was referred to Mark Shumsky at Stacks Collins Thompson for help with a serious driving offense.I was well supported throughout the whole process. With a clear opinion on the strength of my case and counseled on all possible outcomes. I was treated with care and respect and the understanding that my matter had a huge impact on my livelihood and life. I was thoroughly told how to prepare every step of the way.. I was warned not to expect the greatest result. In court, the case was presented impeccably, sensitively and thoroughly to the judge and the outcome was far better than what could have been reasonably expected & my job was saved.I would not have been able to be granted this result in court if I was representing myself.I am very grateful for the incredible work I received and I highly recommend any assistance from Mark Shumsky.
    Noroja Rouzbehi
    Noroja Rouzbehi
    Professional and informative assistant and service at a time that support and understanding was required to take care of legal matters for my ageing parent. Thank you.
    Christina Christensen
    Christina Christensen
    A work related matter reached the point of ongoing stressful HR meetings where I felt dismissed and a friend recommended Mark Shumsky to me. From the outset I noticed great care being taken to understand the overall situation before offering his expert advice. I was impressed with the quick responsiveness to questions and the quality of work presented.Mark has a keen eye for detail and spotted holes in the arguments being made against my request. The stress and tension has been lifted from me allowing me to focus on keeping up with work and looking after my health. Thank you Mark I much appreciate your assistance, knowledge, empathy and professionalism in handling this matter.Five stars!
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    FREQUENTLY ASKED QUESTIONS

    Yes. The limitation period for filing a family law application depends on the type of application you are making. Some of the key limitation periods include:

    • Divorce – there is no time limit to apply, but you must be separated for at least 12 months. This can include a period when you have been separated but still living under the same roof.
    • Property settlement and spousal maintenance – if you were a married couple, the limitation period is 12 months from the date of your divorce. You can apply to the court for orders any time after final separation and before your divorce. If you were a de facto couple, then the limitation period is two years from the date of your final separation.
    • Appeals against orders of the Family Court or Federal Circuit Court – the limitation period to appeal a decision can vary from seven days to 28 days, depending on the type of order.

    Family law matters can often be resolved without going to court. Certainly, that is our aim. 

    If your situation is difficult and you are unsure about your entitlements, we will help you to understand your legal position and will try to facilitate a fair agreement between you and your former partner, including preparing you for mediation or conciliation and, if agreement cannot be reached, the final hearing.

    You can apply to the court to appear by telephone if it is inconvenient or expensive for you to travel to the court. 

    In the case of a divorce, neither of you need to attend the hearing if there are no children of the marriage under age 18, or if you have made a joint application for divorce where there are children under 18.

    However, if only one of you made the divorce application and there are children of the marriage under 18, then the applicant is required to attend the hearing (the other person is not required to attend, but can if they wish.)

    If the other spouse has filed a “Response to Divorce” application and is opposing the divorce, then they will need to attend the hearing. 

    Mediation is a form of dispute resolution that allows you to discuss openly what you want to achieve, including property settlement, arrangements for your children and child support.

    It is a flexible settlement tool and can be either formal or informal, where a mediator helps you to identify and resolve problems.

    You must attempt mediation with a registered dispute resolution provider before starting any parenting proceedings in either the Family Court or Federal Circuit Court. Urgent parenting cases are exempt from this requirement. 

    No. You don’t have to involve the courts at all. You can make an informal agreement with your former partner. However, legally they won’t be required to abide by this agreement. 

    If you and your former partner can reach a final agreement, you can apply to the Family Court to formalise the agreement, which would not require you to appear in court yourself.

    Orders made in the Family and Federal Circuit Courts are binding and enforceable and offer the best protection against a future claim by your partner. 

    In NSW, the Family Court, the Federal Circuit Court and Local Courts deal with family law matters.

    The Hornsby Local Court and Federal Circuit Court generally deal with simpler, shorter matters, while more complex matters are handled by the Family Court. 

    You will need to prove to the court that you were legally married by producing a copy of your Marriage Certificate.

    You will also need to satisfy the court that your relationship has broken down and there is no reasonable likelihood that you will get back together. You must have been separated for at least 12 months before filing for divorce.

    The court can grant a divorce provided you or your spouse meet one of the following criteria:

    • You consider Australia to be your home and intend to live here indefinitely
    • You are an Australian citizen by birth or descent
    • You are an Australian citizen by grant of Australian citizenship
    • You ordinarily live in Australia and you lived here for the 12 months prior to applying for a divorce 

    Yes, but you will need to satisfy the court that you are no longer living together as a married or de facto couple.

    Someone outside the relationship may be required to give evidence to confirm what you say about the separation circumstances if your partner or spouse disagrees with your version.

    Factors to prove that you are separated might include things like the absence of a sexual relationship, both of you doing your own household chores, and/or financial independence. 

    You can generally only oppose the divorce application if there has not been the required 12 month period of separation before the application was filed, or if the court does not have jurisdiction to grant the divorce. 

    Yes. Many Hornsby residents were married overseas, and you can apply for a divorce provided that you or your spouse:

    • Consider Australia to be your home and intend to live here indefinitely
    • Are an Australian citizen by birth or descent
    • Are an Australian citizen by grant of Australian citizenship
    • Ordinarily live in Australia and have lived here for the 12 months prior to applying for a divorce

    Marriage separation does not revoke (cancel) your will. If you pass away and have not updated your will following your separation, then your spouse may inherit any property you had left to them, or act as executor of your will if you had named them as executor.

    If you divorce, your former spouse can no longer act as executor of your will, and any gift you left them in your will is void. But if you had appointed your former spouse as trustee of property left on trust for beneficiaries, including children of your marriage, that appointment is not cancelled just because you have divorced.

    You should make a new will following a separation or divorce, so that your intentions concerning your former spouse are clearly documented. We can also help you do this.

    A parenting plan is an informal agreement made between you and your former partner that establishes parenting arrangements for children.

    It can cover various matter affecting the child, such as where they live, how much time they spend with each parent, how parental responsibilities and decision-making are divided, financial arrangements and so on.

    You can read more about parenting plans here.

    Parenting plans are informal plans made by you and your former partner.

    While they are not legally binding, an informal plan will usually be taken into consideration by the court if it has been signed by both parties and was formed without threat or intimidation.

    If parents cannot agree on arrangements for the children’s care, and family dispute resolution has failed or is deemed not appropriate, then you can apply for a parenting order from a family law court.

    Parenting orders are made by the court and are therefore binding and legally enforceable. 

    Your parenting plan should cover the following matters:

    • Who the child lives with
    • Who the child spends time with and how they communicate with the other parent
    • What happens on important days such as public holidays, religious festivals, school holidays, Father’s Day, Mother’s Day, the child’s birthday and the parents’ respective birthdays
    • How much time the child will spend with other people, such as grandparents, siblings, step-parents, or any other people who are important in your child’s life
    • The decision-making process for important decisions concerning the child, such as their schooling and healthcare
    • Financial arrangements for the child
    • The process for resolving any disputes about the arrangements in your plan

    No. You can make or change a parenting plan at any time without the need for a lawyer. 

    However, specialist family lawyers can offer you advice to ensure that you have covered all the necessary considerations in your plan, and that your children’s best interests have been prioritised.

    In the case of a dispute, you can apply to the court for parenting orders.

    The informal parenting plan you made with your ex-partner will be taken into consideration by the court, as long as it is in writing, has been signed by both parents and was made without threats or intimidation. 

    Parenting orders made by the court are binding and legally enforceable, giving you legal recourse should your ex-partner not abide by them.

    Parenting orders remain in place until the child turns 18, or until further orders are made by the court.

    Our experts

    David Thompson

    David Thompson

    Solicitor Director
    Hornsby
    Phone David Tel(02) 9476 2788
    John Gooley

    John Gooley

    Solicitor
    Hornsby
    Phone John Tel(02) 9476 2788
    Sayesha Bali

    Sayesha Bali

    Lawyer
    Hornsby
    Phone Sayesha Tel(02) 9476 2788
    Justine Cavanagh

    Justine Cavanagh

    Paralegal
    Hornsby
    Phone Justine Tel02 9476 2788
    Kimberley-Ann Ashbee

    Kimberley-Ann Ashbee

    Lawyer
    Hornsby
    Phone Kimberley-Ann Tel9476 2788
    Mark Shumsky

    Mark Shumsky

    Lawyer
    Hornsby
    Phone Mark Tel(02) 9476 2788
    Christopher Morris

    Christopher Morris

    Lawyer
    Hornsby
    Phone Christopher Tel(02) 9476 2788
    Tracey Hussey

    Tracey Hussey

    Licensed conveyancer
    Hornsby
    Phone Tracey Tel(02) 9476 2788
    Kay Laird

    Kay Laird

    Practice manager
    Hornsby
    Phone Kay Tel(02) 9476 2788
    Ethan Brightmore

    Ethan Brightmore

    Paralegal
    Hornsby
    Phone Ethan Tel(02) 9476 2788
    Find more experts

    Why choose Stacks

    What makes Stacks different and why you should choose us.

    Stacks is the steady hand you can trust, the lawyers you know. The ones who care about where you’re from, what you’re going through and who treat you like a person, not just another case.

    With the attention of one lawyer, backed by the expertise of many, we’re the only legal provider in Australia that gives businesses and everyday people access to expert legal services through a network of reputable local offices.

    Legal challenges can feel confusing, even intimidating, but we know what you’re going through, we know the legal terrain, we view your case individually, and we can offer the care, reassurance and expertise to guide you every step of the way.

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    No hidden fees
    We’ll always be honest and upfront. We’ll look you straight in the eye and agree on a plan before moving forward.

    Deep expertise
    We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.

    Practical advice not legalese
    We speak clearly and directly, so you understand our advice and can make decisions with confidence.

    Network of local offices
    We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.

    Real client care
    We genuinely care about our clients. It’s the core of who we are and has been since the first practice was opened by ER Stack on the NSW Mid-North Coast in 1931.

    Progressive practise
    We make the process easy for you with the latest tech to keep services cost effective—and you in control.



    We’ll always be honest and upfront. We’ll look you straight in the eye and agree on a plan before moving forward.

    We know the ropes and our professionals have expertise specific to every legal situation—many are Accredited Specialists.

    We speak clearly and directly, so you understand our advice and can make decisions with confidence.

    We’re local to wherever you are, and our offices are owned and operated by friendly, local professionals, proud of their communities.

    We genuinely care about our clients. It’s the core of who we are and has been since the first practice was opened by ER Stack on the NSW Mid-North Coast in 1931.

    We make the process easy for you with the latest tech to keep services cost effective—and you in control.

    We're here to help

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    We’re here to listen to your story anytime. We can help you understand how things work, give you confidence and guide you through your options. We’ll be honest and upfront, agreeing on what you need and how much it will cost. Your enquiry is completely confidential.
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