Family Law - Exceptional Circumstances (parenting and property)

The following are examples (but not an exhaustive list) of what may constitute exceptional circumstances in parenting and property matters:

• The cost to the applicant of private representation in the parenting and property matters is likely to exceed any financial benefit obtained from the property settlement and Legal Aid NSW is satisfied that there are relevant personal circumstances. Note: Personal circumstances may include circumstances where the applicant has a disability, chronic health issues or has children with disabilities.
• The applicant is not likely to receive more than $20,000 from the property settlement and requires legal assistance to finalise their property matter because they are experiencing, or at risk of, domestic or family violence. Note: in these circumstances Legal Aid NSW will generally not fund the property matter, but will fund the parenting matter.

Date last published: 02/05/2019