# The Family Lawyer - public website context > This file is generated from every current, indexable public page on https://thefamilylawyer.com.au/. It is a public-information reference, not personalised legal advice. For canonical page URLs and a compact annotated index, see [llms.txt](https://thefamilylawyer.com.au/llms.txt). # Articles and guides ## Family Law Articles & Legal Advice | Family & Divorce Lawyers Source: https://thefamilylawyer.com.au/articles/ Family Law Articles Clear, practical family law articles to help you understand separation, parenting arrangements, property settlement, disclosure, court processes and the steps that may come next. ## 100 Points of ID for Family Law Appointments Source: https://thefamilylawyer.com.au/articles/100-points-of-id-guide/ Articles / Court & Legal Process 100 Points of ID for a Family Law Appointment Published 21 December 2022 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Last updated 10 July 2026 Topic Court & Legal Process The expression “100 points of ID” describes one method organisations may use to verify identity. It is not a universal requirement for every family law appointment, and the documents accepted can vary between a law firm, court, bank, conveyancer or government agency. Do I need 100 points of ID to see a family lawyer? For an initial appointment, you will usually be asked for enough identification to confirm who you are and allow the firm to complete its client-verification and conflict-checking obligations. The firm will tell you if a formal identity check or certified copies are required for a particular transaction. A current passport or Australian driver licence is often the most useful starting point. If your current name differs from the name on older records, also bring the document that explains the change, such as a marriage certificate or change-of-name certificate. Do not email original identity documents unless the firm has asked you to use an approved secure process. What documents should I bring to my first appointment? Identity is only one part of preparing for useful family law advice. Bring or provide copies of the documents that relate to the immediate issue. For separation and divorce matters, useful documents may include: your marriage certificate, if applicable; any existing court orders, agreements or parenting plans; letters or emails from another lawyer; intervention orders or relevant police documents; and a short chronology containing the relationship, separation and court dates. For property matters, bring a practical summary of assets, liabilities, income and superannuation. Recent bank statements, mortgage statements, tax returns, business records and superannuation statements can help identify what information is still required. For parenting matters, bring existing orders, parenting plans, relevant school or medical information and a concise summary of the present care arrangements. Focus on information that helps explain the current arrangements, areas of disagreement and any urgent safety issues. What if court documents have just been served? Send the complete documents to the firm as soon as possible and identify any hearing date or response deadline. Do not wait until every supporting document has been collected. The first priority is understanding what the documents require and whether urgent action is needed. Our [urgent court document advice](https://thefamilylawyer.com.au/services/court-documents-urgent-advice/) page explains the immediate next steps. For broader preparation, see our [separation and divorce service](https://thefamilylawyer.com.au/services/separation-and-divorce/). This article provides general information only. Identification requirements and the documents needed for advice depend on the matter and the organisation requesting them. ## Family Law Airport Watchlist: What You Need To Know About Source: https://thefamilylawyer.com.au/articles/airport-watchlist/ Articles / Parenting & Children What you need to know about the Airport Watchlist Published 11 October 2022 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Parenting & Children In some circumstances, a parent who holds concerns about a child’s travel can apply for a child to be listed on the Family Law Watchlist, formerly known as the Airport Watchlist. What is a Family Law Watchlist It is a system used by the Australian Federal Police to monitor children who are prohibited by Court Orders from leaving Australia. When a departing parent attempts the unauthorised removal of a child from Australia, an alert is raised and the child will be stopped at the airport and prevented from leaving Australia. It can be absolute or conditional. An absolute Order will stop the child from traveling altogether. A conditional Order will allow parents to provide consent via a statutory declaration to the Federal Police, and remove the child from the Watchlist for a defined period of time. How to obtain a Family Law Watchlist Taking or sending a child from Australia contrary to a court Order can result in a charge of contempt of Court. To remove the child from the Family Law Watchlist, a further court Order will need to be sought. The Australian Federal Police cannot remove the child from the Watchlist without an Order of the Court. If you have concerns about your child being taken overseas, get advice quickly. ## Applying For Divorce In Australia - Things To Know Source: https://thefamilylawyer.com.au/articles/applying-for-divorce/ Articles / Separation & Divorce Applying for Divorce Published 19 July 2023 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Topic Separation & Divorce Applying for Divorce in Australia In Australia, a ’no-fault’ system is adopted for divorce cases. The single justification for divorce is the ‘irretrievable breakdown’ of a marriage, indicative of no real possibility of reconciliation. Jurisdiction to order the dissolution of marriage is held by the Federal Circuit and Family Court of Australia (FCFCOA) under the Family Law Act 1975 (Cth) Family Law Act 1975 (Cth). An individual may choose to apply for a divorce independently or request a divorce lawyer’s assistance to ensure accuracy and completion of the application. However, it should be clarified that an application for divorce doesn’t deal with child custody or distribution of marital assets and spousal maintenance. These matters are addressed separately, and obtaining legal advice is recommended. Legal Requirements for Divorce Eligibility for divorce is contingent on meeting three requirements: legal marriage, connection to Australia, and separation. Firstly, the marriage has to be legally acknowledged in Australia, as the court cannot dissolve a marriage it doesn’t recognise. For example, a marriage involving a child as one of the parties is not acknowledged in Australia, irrespective of its legality in the country of occurrence. The second requirement is the establishment of a connection to Australia by either of the spouses. This connection is typically substantiated through citizenship, whether one of the parties was born in Australia or is a citizen by descent or grant. Alternatively, a party living in Australia for the preceding year with intentions to stay meets this requirement. Lastly, the couple must have been living apart for a minimum of 12 months. The date of separation is generally the day when the couple stops living together. Yet, it is possible for a couple to be separated and still share a roof, mainly due to convenience, financial constraints, or uninterrupted childcare. Divorce Application In Australia Once the mandatory separation period is over, an application for divorce can be filed by either or both spouses. Divorce applications are submitted online through the Commonwealth Courts Portal. Individuals can apply for a divorce singly (a sole application) or along with their spouse (a joint application). Both application types utilise the same online form, but the correct section of the form must be chosen, and specific process obligations completed. In a joint application, one of the applicants completes the application, provides the other applicant a copy for review and signature, and then submits it online. In contrast, in a sole application, one party (the ‘applicant’) applies and is required to serve the divorce papers on the other party (the ‘respondent’) within stipulated timeframes before the hearing date. The respondent, if opposing the divorce, can file and serve a Response to Divorce and attend the divorce hearing. Opposition to the application can be on the grounds of the couple not being separated for 12 months or the court lacking jurisdiction to grant the divorce. Navigating a divorce can be complex and emotionally draining, thus understanding the requirements and steps involved is essential. If eligibility for filing a divorce or assistance in completing a divorce application is a concern, seeking legal advice is recommended. It should be noted that the court cannot provide legal advice as it must remain unbiased in all proceedings. If you require legal advice or representation in any legal matter, please contact our office on 1300 111 835 or by email The Family Lawyer. ## Australian Overseas Assets Property Settlement Proceedings Source: https://thefamilylawyer.com.au/articles/are-overseas-assets-included-in-australian-property-settlements/ Articles / Property & Financial Are overseas assets included in Australian property settlements Published 20 January 2021 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Topic Property & Financial Overseas assets in Australian property settlement In our increasingly globalised society, relationships between people from different countries are more common than ever before. When these relationships break down there will often be issues regarding the parties’ assets will be dealt with particularly where those assets are in different countries. The Family Courts of Australia and the Federal Circuit Court of Australia (“Australian Family Courts”) determine how the property of a relationship should be divided upon separation by using a number of steps. This involves: It may come as a surprise to a lot of people that if you have assets overseas, the Australian Family Courts will generally take those assets into account in any settlement of property between you and your former spouse following the breakdown of your relationship. This is the case even where you think the asset is well outside the jurisdiction, and perhaps beyond the reach and power, of the Australian Family Courts which exclusively deal with all matrimonial causes in Australia. The Family Law Act 1975 (“the Act”) defines " property " very broadly as “property to which those parties are, or that party is, as the case may be, entitled”. So, whether you have landed in India, the USA, the United Kingdom, Italy or Greece or China, or that proverbial Swiss bank account, that asset is counted as “property” in your “property settlement” even if you consider that your spouse has no entitlement to it or you believe that foreign jurisdiction will take no notice of what the Courts will do or say about the matter. The Australian Family Courts have express jurisdiction to make orders concerning international assets by virtue of section 31(2) of the Act which states the jurisdiction of the Courts “may be exercised in relation to persons or things outside Australia and the territories”. The duty of disclosure In any property settlement proceedings under the Act, you have a duty to make full and frank disclosure of your financial affairs, including any assets you own or have an interest in, and your financial resources. A failure to disclose assets, including those overseas may lead to the Australian Family Court setting aside a settlement agreement or final property order and opening up the proceedings all over again. This may also result in a cost order or further adjustment of how the assets were originally split. Proper disclosure allows the Australian Family Courts to make an order “adjusting” the property interests of the parties between them without necessarily involving the control of or exercising jurisdiction over the foreign asset. For example, if you openly and candidly disclose that you have an interest in land in the UK or Italy, provided there is sufficient evidence of the value of that interest, that value can be taken into account in the settlement or the final property order which otherwise affects how the Australian assets are divided. Jurisdiction issues In some cases, the foreign assets are significant compared to the Australian assets, and there can be issues surrounding whether the Australian jurisdiction or the overseas jurisdiction should apply. When dealing with international family law matters in relation to property proceedings, the two main issues are: Where the parties are Australian residents, proceedings are usually dealt with in the Australian Courts even if one or both of the parties may not be Australian citizens. Jurisdiction and the appropriate forum are usually determined by the “closest connection” test. This test means that the country in which the separated or divorced parties have the closest connection, for example where they usually live or where most of their assets are, will be the judicial system that determines their matter. As stated above, the Australian Family Courts may make orders in relation to property in an overseas jurisdiction. However, property settlement orders made by the Australian Family Courts may not be automatically recognised and enforceable in the overseas jurisdiction, and problems may be experienced in enforcing the property settlement orders internationally. ## Separated But Still Living Together in Australia Source: https://thefamilylawyer.com.au/articles/are-you-separated-but-still-living-together/ Articles / Separation & Divorce Separated but still living together Published 6 June 2022 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Separation & Divorce Not every separation starts with someone moving out. Many people remain in the same home because of children, finances, safety, housing pressure or the time needed to plan properly. The quick answer is that you can be separated while still living under one roof. For divorce, you must show that the marriage has broken down irretrievably and that you have been separated for at least 12 months. If some or all of that separation happened in the same home, you may need extra evidence explaining how your relationship changed. What separation means Australian divorce law is no-fault. The Court does not decide who caused the relationship to end. The key legal question for divorce is whether there has been an irretrievable breakdown of the marriage, shown by 12 months of separation: Family Law Act 1975 (Cth) s 48. Separation has two parts. One or both people form the intention to end the relationship, and that intention is communicated or made clear by conduct. Physical separation is common, but it is not essential. This means a couple can separate while sharing an address. The Court will look at what actually changed in the relationship, not only where each person slept. Why people remain under one roof Separated under one roof is common. People may stay in the same home because rent is expensive, the family home has not been sold, children need stability, one person has nowhere safe to go, or a property settlement is still being worked through. Remaining in the same home does not, by itself, mean separation has not occurred. The question is whether the marital or de facto relationship has ended in a practical sense. However, because the address did not change, the Court may need more information if you later apply for divorce. Evidence that may support separation under one roof Useful evidence may include changes to sleeping arrangements, finances, household tasks, social life, communication with family and friends, Centrelink or tax records, school records, messages confirming the separation, and evidence that the parties stopped presenting themselves as a couple. The Court does not require every possible change. Some separated people still share tasks because of children or finances. The point is to explain the overall change clearly and honestly. If you apply for divorce and the whole or part of the 12-month separation period was under one roof, affidavit evidence may be required. A supporting affidavit from another person who knows about the separation may also be needed. Separation is different from divorce Separation is the practical end of the relationship. Divorce is the legal end of a marriage. Property settlement, parenting arrangements and child support are separate issues again. You do not need to be divorced before dealing with parenting or property matters. Many people need advice about property, parenting, safety or financial support long before they can apply for divorce. There are also time limits to keep in mind. For married couples, an application for property settlement or spousal maintenance should usually be filed within 12 months after a divorce order takes effect. For de facto couples, the usual time limit is two years after separation. What to do early If you are separated but still in the same home, record the date of separation and the main changes that happened from that date. Keep copies of important documents. Think carefully before making large financial decisions, moving money, changing locks, cancelling services or making informal parenting arrangements. If there are safety concerns, get urgent advice. Family violence, intimidation, financial control or threats can change what steps are appropriate. A short conversation with a family lawyer can help you understand whether you should focus first on parenting, property, divorce, safety or practical separation arrangements. The next step Living together after separation does not stop you from moving forward, but it does make clarity and records important. The safer path is to understand your rights before informal arrangements become difficult to unwind. Frequently asked questions FAQs ### Frequently asked questions #### Can we sleep in separate rooms and still be separated Yes. Separate bedrooms may support separation, but the Court looks at the whole relationship. Finances, social life, household arrangements and communication can also matter. #### Do both people need to agree that separation happened No. One person can decide the relationship is over, but that decision must be communicated or made clear by conduct. If the date is disputed, evidence becomes important. #### Can we apply for divorce if we lived together after separating Yes. You may need affidavit evidence explaining the separation under one roof. The application should be prepared carefully so the Court understands the circumstances. #### Should I wait for divorce before sorting out property Usually no. Property settlement can be negotiated before divorce. Waiting may create practical or limitation issues, so early advice is sensible. ## Becoming A Legal Guardian in Melbourne - The Family Lawyer Source: https://thefamilylawyer.com.au/articles/becoming-a-legal-guardian-melbourne/ Articles / Parenting & Children Becoming A Legal Guardian in Melbourne: State-Based Legislation Guidelines Published 15 September 2022 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Parenting & Children For many parents, thinking about passing away and leaving their children alone is an overwhelming thought. While appointing a guardian in your Will informs those left behind of your wishes, it might not be a binding appointment. If you want to become a legal guardian in Victoria, Australia, there are specific steps you need to follow to ensure you can provide the necessary care for the child in question. In this article, we’ll walk you through becoming a legal guardian and explain some key terms and concepts you should know. What are the guidelines in Melbourne, Victoria In Victoria, there’s no reference to “guardianship” concerning children. Instead, you can apply for a “permanent care order” under the Children, Youth, and Families Act 2005 (VIC) through the Children’s Court. You can do this either if the child’s parents die or if the child’s parents haven’t cared for them for six months. Permanent care orders can convey parental responsibility of the children on the Guardian until the children reach 18 years. This is a legitimate alternative to seeking a parenting order under the Family Law Act. Keep in mind that the Court can’t make a permanent care order if a present application is made under the Family Law Act. We recommend pursuing this through the applicable provisions of the Family Law Act to ensure finality in appointing a “guardian” if seeking parental responsibility for a child in Victoria. Child Support Services In Melbourne The Australian Government provides child support services to help parents, guardians, and other caregivers meet children’s basic needs. In Melbourne Victoria, child support services are provided by the Department of Human Services (DHS) and the Child Support Agency (CSA). The Department of Human Services (DHS) offers various child support services, including financial assistance, counselling, and dispute resolution. Family Lawyer for Children As the name suggests, a family lawyer for children is a legal professional specialising in cases involving children, such as custody disputes, child protection matters, and adoption proceedings. They can provide legal advice and guidance on becoming a legal guardian and help you understand your legal rights and responsibilities. Your Melbourne family lawyers can also represent you in Court, prepare legal documents, negotiate with the other parties involved in the case, and ensure your interests and the child’s best interests are protected. Child Custody Custody is the legal right to decide a child’s care and upbringing. In Victoria, custody matters are governed by the Family Law Act 1975 (Cth) and the Family Law Regulations 1984 (Cth), as well as the Children, Youth, and Families Act 2005 (Vic) and the Family Violence Protection Act 2008 (Vic). To become a legal guardian, you need to apply for custody of the child. This can be a complex process. How to Choose a Child Custody Lawyer In Melbourne A child custody lawyer is a legal professional who specialises in cases involving children’s custody. In Victoria, child custody lawyers are regulated by the Legal Profession Uniform Law (Victoria) and the Legal Profession Uniform Conduct (Barristers) Rules 2015 (Vic). When choosing a child custody lawyer, look for a firm with experience and expertise in family law and child custody matters. Try Googling ‘Child Custody Lawyer near me." Becoming a legal guardian in Victoria, Australia, involves following state-based legislation guidelines, working with child support services, consulting with a family lawyer for a child, and navigating the legal system. Choose The Family Lawyer for your Legal Guardian Application At The Family Lawyer, we only practice family law. Specialising allows us to focus on all aspects of family law, including separation and divorce, property settlements, parenting arrangements, and child support. With the proper support and guidance, you can become a legal guardian and provide a stable and loving home for the child in your care. Contact our family lawyers in Melbourne today. ## Binding vs Limited Child Support Agreements | TFL Source: https://thefamilylawyer.com.au/articles/binding-limited-child-support-agreements/ Articles / Parenting & Children Binding and limited child support agreements compared Published 11 September 2026 Author The Family Lawyer Topic Parenting & Children A limited child support agreement usually offers more scope to end the arrangement without the other parent’s agreement. It requires an existing child support assessment and must satisfy a minimum payment test. A binding agreement can provide different payment terms, including an amount below the assessed rate, but each party needs independent legal advice and there is no simple right to leave because the arrangement later feels unfair. The choice matters most when circumstances change. Before agreeing to school fees or a long-term payment amount, consider what should happen if income falls, care changes or a child changes school. A workable agreement needs clear payment terms and a considered approach to those risks. The main differences QuestionLimited agreementBinding agreement Is legal advice requiredNot a statutory prerequisite, although advice is sensibleEach party must receive independent legal advice before signing, with the required lawyer statements Is an assessment needed firstYes, for acceptanceGenerally not, but a lump sum credit arrangement requires an assessment Can payments be below the assessmentThe agreement must satisfy the statutory minimum rate requirementsParties can agree on a different amount, including a lower amount Is signing enough for administrative effectApplication for acceptance by the Child Support Registrar is neededApplication for acceptance is needed; legal formalities also matter Can the terms simply be variedChanges generally require termination and a replacement agreementChanges generally require termination and a replacement agreement Is there a three year exitAfter more than three years, either party may give the Registrar written notice to terminateNo equivalent three year unilateral exit The [Child Support (Assessment) Act](https://www.legislation.gov.au/C2004A03872/latest/text), particularly Part 6, governs these agreements. A written parenting or property arrangement is not automatically a valid child support agreement just because it mentions payments for the children. How a limited agreement works For a limited agreement to be accepted, an administrative assessment must be in place when acceptance is sought. The agreed support must meet the applicable assessed-rate requirements and be payable by the same parent. Special checks apply to future start dates, past periods and non-cash benefits. The [DSS Child Support Guide explains these acceptance rules](https://guides.dss.gov.au/child-support-guide/6/1/3). The three year rule is an exit option, not automatic expiry. Once the agreement was made more than three years earlier, either party can give written termination notice to the Registrar; that route takes effect 28 days after the Registrar receives the notice. The agreement can also end by an appropriate subsequent agreement, written agreement to terminate or a court order setting it aside. A further exit may apply if a new notional assessment differs by more than 15 per cent from the previous one because of circumstances not contemplated by the agreement. Strict notice requirements apply. An income change alone is not enough to establish that test. Seek advice promptly after receiving the new assessment. The [DSS termination guidance](https://guides.dss.gov.au/child-support-guide/6/4/2) explains the different routes. What signing a binding agreement means Independent advice must address the agreement’s effect on your rights and the advantages and disadvantages of making it at the time of the advice. A lawyer witnessing your signature is not a substitute for that advice. Each party needs their own adviser. A binding agreement can address regular payments and specified expenses. A lump sum credited against future assessed support has additional rules: an assessment is required, and the lump sum must meet the required annual-rate threshold. This differs from simply agreeing to pay a school invoice. [Services Australia explains binding agreement payment arrangements](https://www.servicesaustralia.gov.au/what-payment-amount-under-binding-child-support-agreement?context=21901). You cannot ordinarily end a binding agreement by announcing that you no longer agree. Consensual termination or replacement has formal advice requirements. A court can set an agreement aside on statutory grounds, but this is not a general power to rewrite a disappointing bargain. For a binding agreement, the exceptional-circumstances and hardship ground has demanding requirements. Other grounds may involve fraud, undue influence, duress or unconscionable conduct. Obtain advice about the actual evidence and ground rather than assuming financial difficulty guarantees release. See the [DSS guidance on court applications](https://guides.dss.gov.au/child-support-guide/10/4/2). School fees and avoiding double payment An agreement should identify the school, the expenses covered, each parent’s contribution, due dates and how invoices are provided. Tuition fees, uniforms, devices, camps and optional activities are different expenses. A promise to pay “school costs” may leave a substantial dispute about what was intended. It should also explain how those payments interact with periodic child support. Are the fees additional to the periodic amount, or is an amount credited against that liability under an accepted arrangement? Do not deduct a fee payment yourself merely because you paid something for the child. Administrative credit rules and the wording of the agreement matter. For a simple fictional illustration, assume an agreement requires $1,000 in periodic support for a month and separately requires a $400 school payment. If the school amount is expressly additional, the obligations total $1,400. If the agreement instead validly provides a $400 credit against that month’s $1,000 liability, the remaining periodic amount is $600. This arithmetic illustrates the distinction only; it is not drafting language or confirmation that a particular credit will be accepted. Specify what happens if a fee is refunded, an invoice is disputed or one parent chooses a new activity without agreement. Keep payment records even when communication is amicable. Changes in care income and the child’s needs Before signing, discuss job loss, illness, changes in care, fee increases, a move between schools and additional health or learning needs. Decide whether a defined event should alter a payment obligation or trigger a process for obtaining advice. A clause saying “review annually” does not necessarily create a right to force new terms. Care changes have their own statutory consequences. If the receiving parent ceases to be an eligible carer, an agreement may be suspended or terminated for the affected child. Suspension can allow an arrangement to resume if care returns within the applicable period; termination ends it. These rules do not necessarily affect every child in the same way. Tell Services Australia promptly and seek advice rather than stopping payments on an assumption. The [DSS suspension guidance](https://guides.dss.gov.au/child-support-guide/6/4/3) explains the conditions. Collection and Family Tax Benefit Agreeing the amount is separate from deciding how it will be paid and collected. Discuss whether payments will be collected privately or through Services Australia and how direct expenses will be recorded. Confirm which obligations Services Australia can collect; a school fee reimbursement clause should not be assumed to operate like a regular assessed payment. Services Australia generally makes a notional assessment when accepting an agreement, with exceptions for certain arrangements. It represents the child support amount that would apply without the agreement and is used in calculating Family Tax Benefit. Agreeing to receive less child support does not necessarily produce more Family Tax Benefit. Check the [Services Australia guidance on family payments](https://www.servicesaustralia.gov.au/binding-child-support-agreements-affect-your-family-payments?context=21901) before signing. What to take to your independent adviser Bring the current assessment, care arrangements, income information, school fee schedules, relevant health costs and any draft agreement. Explain what you can realistically pay or need to receive, and identify expected changes. Ask how the agreement ends, what remains payable on termination and how unpaid amounts would be dealt with. Ordinary child support and adult-child maintenance are different. Support after a child turns 18 may require separate advice, including where education or disability is relevant. Check the agreement’s end provisions and any application needed before a child turns 18 if they are still completing secondary school. Arrange an appointment For advice on a proposed agreement or an existing arrangement that no longer matches your circumstances, . Obtain advice before signing or changing payments so the financial and legal consequences can be considered together. ## Setting Aside a Binding Financial Agreement in Australia Source: https://thefamilylawyer.com.au/articles/can-a-binding-financial-agreement-be-set-aside/ Articles / Agreements & Mediation Can a Binding Financial Agreement be set aside? Published 23 June 2026 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Agreements & Mediation A Binding Financial Agreement (BFA) can provide finality and certainty following separation, but not every agreement will ultimately remain binding and enforceable. Despite the name, a binding financial agreement is not always guaranteed to remain binding forever. Under the Family Law Act 1975 (Cth), the Court has power in certain circumstances to declare a BFA not binding or to set it aside. This usually occurs where there are serious issues surrounding the legal advice provided, the financial disclosure exchanged, or the circumstances in which the agreement was signed. If you are concerned that a BFA was entered into unfairly or without proper advice, it is important to obtain legal advice early. Challenges to financial agreements are often complex and highly dependent on the individual circumstances of each case. What is a Binding Financial Agreement? A binding financial agreement is a private agreement dealing with financial matters between parties to a marriage or de facto relationship. BFAs are commonly used to: finalise property settlement matters; deal with spousal maintenance obligations; protect assets or inheritances; avoid future Court proceedings; and formalise financial arrangements following separation. If properly prepared, a BFA can prevent either party from later bringing a claim for property settlement or spousal maintenance through the family law courts. However, strict legal requirements apply before a financial agreement will be considered binding and enforceable. When can a BFA be set aside? The Family Law Act allows the Court to set aside a binding financial agreement in a range of circumstances. Some of the more common issues include: inadequate or incomplete financial disclosure; problems with the legal advice provided; pressure or unfair conduct surrounding the signing of the agreement; fraud or non-disclosure; unconscionable conduct; and situations where the agreement is otherwise impracticable or unjust. Importantly, a BFA will not be set aside simply because one party later regrets the outcome or considers the agreement to be unfair. The Court will usually examine the broader circumstances surrounding the negotiation and execution of the agreement. Problems with legal advice One of the most common issues raised in BFA disputes is whether proper independent legal advice was provided. Under the Family Law Act, each party must receive independent legal advice before signing the agreement. That advice must address: the effect of the agreement on the party’s rights; and the advantages and disadvantages of entering into the agreement. Many people assume that signing a certificate from a solicitor automatically means the agreement is valid and enforceable. That is not always the case. Recent decisions have confirmed that the Court may look beyond the signed certificates and examine the substance of the advice actually provided. For example, in Dragomirov & Dragomirov [2024] FedCFamC1A 187, the Full Court confirmed that the Court may consider the surrounding circumstances, including file notes, oral discussions, written advice and whether the party genuinely understood the practical effect of the agreement. Similarly, in Abrum & Abrum [2013] FamCA 897, the Court stated that legal advice must be real and meaningful and directed to the party’s actual circumstances and rights, rather than simply advising in a general sense that rights are being waived. The Court may therefore consider matters such as whether the party understood the rights they were giving up, whether they were given sufficient time to review the agreement, and whether the solicitor had enough financial information available to properly advise them. What if disclosure was incomplete? Financial disclosure is a critical part of any property settlement process. A person entering into a BFA should generally have enough information available to properly understand the other party’s financial position before signing the agreement. Issues can arise where: assets are not disclosed; supporting financial documents are not provided; or one party does not properly understand the financial position they are agreeing to. Importantly, not every disclosure issue will automatically invalidate a BFA. The Court will often look at the broader factual circumstances, including whether opportunities existed to seek further information, the level of legal representation involved, and whether the alleged non-disclosure was material to the agreement itself. In Suess & Suess [2024] FedCFamC1F 175, the Court considered allegations of inadequate disclosure and deficiencies in the legal advice process. Despite concerns regarding aspects of the advice and file management, the Court ultimately upheld the agreement after considering the totality of the circumstances. Pressure, duress and unconscionable conduct Some financial agreements are signed in circumstances involving significant emotional or financial pressure. This may occur where: one party feels rushed into signing; the agreement is presented as effectively non-negotiable; there is financial or emotional dependency between the parties; or there is insufficient time to obtain proper legal advice. The High Court decision of Thorne v Kennedy [2017] HCA 49 remains one of the leading authorities in this area. In that case, the Court examined issues including pressure, inequality of bargaining power, dependency and whether the wife had any real practical choice but to sign the agreement. The High Court ultimately set aside the agreement after finding that the circumstances amounted to undue influence and unconscionable conduct. Importantly, pressure alone will not automatically invalidate a BFA. However, when combined with inadequate advice, poor disclosure or unequal bargaining power, those issues may become highly significant. Will the Court automatically set aside an unfair agreement? No. A BFA is not automatically set aside simply because the outcome appears more favourable to one party. The Court will generally examine: the negotiations leading to the agreement; the parties’ understanding of the agreement; the legal advice provided; the disclosure exchanged; and the overall circumstances in which the agreement was signed. Even where deficiencies exist, the Court may still decide that the agreement should remain binding depending on the broader factual circumstances. Why early legal advice matters Disputes involving binding financial agreements can quickly become complicated, particularly where there are disagreements about legal advice, financial disclosure, or the circumstances in which the agreement was signed. The strength of any challenge may depend heavily on the available evidence, including solicitor file notes, correspondence exchanged during negotiations, disclosure documents and the surrounding circumstances at the time the agreement was signed. In many cases, obtaining the former solicitor’s complete file is an important first step. An experienced family lawyer can help assess: whether the agreement is likely to remain binding; whether there are grounds to challenge the agreement; whether the matter may be resolved through negotiation; and the risks and costs involved in Court proceedings. Speak with an experienced family lawyer If you are concerned that a BFA was entered into unfairly, without proper advice, or without full financial disclosure, it is important to obtain legal advice tailored to your circumstances. At The Family Lawyer, we assist clients with: reviewing binding financial agreements; advising on whether a BFA may be challenged; negotiating revised financial settlements; and representing clients in family law proceedings involving BFAs. Every matter depends on its own facts. Obtaining early legal advice can help you understand your options and protect your position moving forward. ## Can My Ex-Partner Limit My Access To Our Child? Source: https://thefamilylawyer.com.au/articles/can-my-ex-partner-limit-access-to-my-child/ Articles / Parenting & Children Can My Ex-Partner Limit Access To My Child Published 10 November 2022 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Parenting & Children The (Cth) states that the court must have regard for what is in the best interest of the child, which entails the child being protected from harm, and the child having a meaningful relationship with both parents. Limiting contact between a parent and a child Limiting the other parent’s access to your child should only occur where it is in the best interests of the child to do so, or it is necessary to protect the safety of the child. Generally, a parent cannot deny the other parent access to their child unless exceptional circumstances arise. Examples of exceptional circumstances include where there has been family violence or where there is drug or alcohol abuse. Filing family dispute resolution If your ex-partner has been denying you access to your child, you can attend family dispute resolution (mediation), engage in negotiation with the other parent, apply for an urgent recovery order or make an application at the Federal Circuit and Family Court of Australia. If you can come to an agreement with your ex-partner through mediation or negotiations, the care arrangements for your children can be formalised by way of a parenting plan or a consent order. Parenting plans are written agreements signed by both parents that set out the agreed arrangements. Parenting plans however are not legally enforceable. Consent orders on the other hand cover parenting arrangements. It is an order approved by the Court and as such is legally enforceable. When to file a recovery order A recovery order is appropriate where the child is not returned after a scheduled visit. A recovery order is made through the Court and authorises a police officer to take the appropriate action necessary to find, recover and deliver the children. If an application is made in Court, the court needs to first be satisfied that both parties have attended a family dispute resolution and made a genuine attempt to resolve the issues at hand. A copy of a certificate from an accredited family dispute resolution centre must accompany the application. How our child custody lawyer can help We assist clients to resolve parenting disputes without court where possible. Where urgent orders or litigation are needed, early advice can help you choose the right step. ## Can My Spouse Refuse a Divorce in Australia? Source: https://thefamilylawyer.com.au/articles/can-my-spouse-refuse-to-obtain-a-divorce/ Articles / Separation & Divorce Can my spouse refuse to obtain a divorce? Published 26 July 2022 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Separation & Divorce It can feel frightening if your spouse says they will never agree to a divorce. In Australia, one spouse cannot usually stop a divorce simply because they do not want the marriage to end. The quick answer is that Australia has no-fault divorce. If the legal requirements are met, you can apply for a divorce even if your spouse refuses to cooperate. The main issues are proving separation, meeting jurisdiction requirements and serving the application properly. The legal test for divorce Divorce is governed by the Family Law Act 1975 (Cth). Section 48 provides that the only ground for divorce is that the marriage has broken down irretrievably. Irretrievable breakdown is shown by separation for at least 12 months and there being no reasonable likelihood of reconciliation. The Court does not decide who caused the separation and does not require both spouses to agree that the marriage should end. You must also have a connection with Australia. This may be because Australia is your home and you intend to live here indefinitely, because you are an Australian citizen, or because you ordinarily live in Australia and have done so for the required period before filing. Our [separation and divorce service](https://thefamilylawyer.com.au/services/separation-and-divorce/) explains how advice can help you check the requirements before filing. Sole and joint applications A divorce application can be made jointly by both spouses or solely by one spouse. If your spouse will not cooperate, a sole application is usually the pathway. In a joint application, both parties sign and participate in the application. In a sole application, one spouse files and must arrange for the other spouse to be served with the documents. The other spouse can respond if they dispute the divorce, but they cannot stop the divorce simply by refusing to sign. They would need to raise a legally relevant issue, such as whether the parties have been separated for 12 months or whether the Court has jurisdiction. What if you separated under one roof Separation does not always mean living in different homes. Some couples are separated under one roof because of children, finances, housing or safety concerns. If you were separated under one roof for part or all of the 12-month period, extra evidence is usually needed. The Court may need information about sleeping arrangements, finances, household duties, social presentation, communication to family or friends, and the point at which the marriage relationship ended. This is often where a spouse tries to dispute the divorce. Clear evidence matters. Our article on [separation and divorce differences](https://thefamilylawyer.com.au/articles/separation-vs-divorce-key-legal-differences-in-victoria/) explains why separation is legally important even before divorce is granted. Serving the divorce application If you file a sole application, your spouse must be served. Service is the formal process of giving them the documents in a way recognised by the Court. You cannot personally serve your spouse yourself. Another adult, a process server or another approved method may be used. The rules about service depend on whether your spouse is in Australia or overseas. If your spouse avoids service, there may still be options. Depending on the evidence, you may be able to ask the Court for substituted service, which allows service another way, or dispensation of service, which removes the requirement in limited circumstances. What if you cannot find your spouse If you do not know where your spouse is, you should keep evidence of the steps taken to locate them. This may include contacting known relatives or friends, searching records, checking email or social media, and attempting last known addresses where appropriate. The Court will not dispense with service lightly. It will want to know what attempts were made and why ordinary service is not possible. Legal advice can help you decide whether to keep searching, use a process server, apply for substituted service or apply for dispensation of service. What divorce does not decide A divorce order legally ends the marriage. It does not decide parenting arrangements, property settlement, spousal maintenance or child support. Those issues can be dealt with before, during or after the divorce process. However, divorce can start important time limits. For married couples, property settlement and spousal maintenance applications generally need to be filed within 12 months after a divorce order takes effect, unless leave is granted. This is why it is often risky to treat divorce as the only task. If property or financial support is unresolved, get advice before the time limit becomes a problem. Attendance at Court Divorce hearings are commonly conducted electronically. The Federal Circuit and Family Court of Australia has changed attendance requirements so that divorcing parties have the same attendance requirements regardless of whether the application is sole or joint and regardless of whether there are children under 18. Even if attendance is not required, the Court still needs the application to be properly prepared. Problems with service, jurisdiction, children under 18 or separation under one roof can cause delays. What if there are children under 18 If there are children under 18, the Court must be satisfied that proper arrangements have been made for them, or that there are special circumstances. This does not mean parenting issues need to be fully resolved before divorce. The Court may ask about where the children live, schooling, health, financial support and contact with each parent. If parenting arrangements are disputed, you can still apply for divorce, but the application should answer the child-arrangements questions carefully. Parenting orders are separate from divorce. If children are being withheld, there are safety concerns, or communication has broken down, get advice about parenting arrangements rather than relying on the divorce application to solve those issues. What if your spouse says reconciliation is possible A spouse may say they do not accept the marriage is over. The Court looks at whether the legal test is met. If one party regards the marriage as ended and there has been 12 months separation with no reasonable likelihood of reconciliation, the other party’s objection may not prevent the divorce. Evidence is important if the separation date is disputed. Keep records showing when the relationship ended and how the parties lived after that date. When the divorce takes effect A divorce order does not end the marriage immediately on the day it is made. It usually becomes final one month and one day after the order is made, unless the Court shortens that period. This date matters if either person wants to remarry. It also matters because the 12-month time limit for married couples to start property settlement or spousal maintenance proceedings usually runs from when the divorce order takes effect. The next step If your spouse refuses to cooperate, the goal is not to argue them into agreement. The goal is to prepare a proper application, prove the requirements and deal with service. Frequently asked questions FAQs ### Frequently asked questions #### Can my spouse stop me from getting divorced Usually, no. They can dispute relevant facts, but they cannot stop a divorce just because they do not agree with it. #### Do we have to be separated for 12 months Yes. You generally need at least 12 months separation before applying for divorce. #### Can I divorce if we still live together Yes, if you can prove separation under one roof. Extra evidence is usually needed. #### Does divorce divide our property No. Divorce ends the marriage. Property settlement and spousal maintenance are separate issues with their own time limits. ## Child Custody and Parenting Orders in Australia Source: https://thefamilylawyer.com.au/articles/child-custody/ Articles / Parenting & Children Child custody and parental responsibility in Australia Published 25 March 2021 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Topic Parenting & Children When parents separate, the phrase “child custody” is often used to describe where a child will live and how much time they will spend with each parent. Australian family law does not usually use custody language anymore. The Court talks about parenting orders, parental responsibility, living arrangements, time, communication and the child’s best interests. The short answer is that there is no automatic right to equal time and no current presumption that separated parents must have equal shared parental responsibility. The Court can make arrangements that suit the particular child, with the child’s best interests as the paramount consideration. What child custody means in current family law In Australia, parenting arrangements can be agreed informally, recorded in a parenting plan, or made legally binding through parenting orders. Parenting orders are court orders that set out arrangements for a child. They can deal with who the child lives with, how much time they spend with another person, how communication occurs, and who makes decisions about major long-term issues. The legal source is the Family Law Act 1975 (Cth). Section 64B says a parenting order may deal with where a child lives, time, communication, parental responsibility, dispute-resolution steps, and any other aspect of the child’s care, welfare or development. If you are at the start of separation, our [parenting arrangements service](https://thefamilylawyer.com.au/services/parenting-arrangements/) explains how advice can help you understand your options before positions become fixed. Parental responsibility is not the same as time Parental responsibility means the duties, powers, responsibilities and authority that parents have in relation to children. The definition appears in Family Law Act 1975 (Cth) s 61B. Each parent has parental responsibility for a child who is under 18, subject to any court order: s 61C. Importantly, the Act now makes clear that this is the background legal position. It is not a presumption the Court applies when deciding what parenting order to make. Parental responsibility is about decision-making. It is different from how much time a child spends with each parent. A child might live mainly with one parent while both parents are expected to consult about major long-term issues. In another case, one parent might be given sole decision-making responsibility for particular issues because joint decision-making is unsafe, impractical or not in the child’s best interests. Major long-term decisions Major long-term issues are decisions about matters such as education, health, religious or cultural upbringing, the child’s name, and changes to living arrangements that would make it significantly more difficult for the child to spend time with a parent. If it is safe to do so, and subject to any court orders, parents are encouraged to consult each other about major long-term issues and to treat the child’s best interests as paramount: Family Law Act 1975 (Cth) s 61CA. A parenting order can allocate responsibility for those decisions jointly or solely: s 61D. Where an order provides for joint decision-making, the people sharing responsibility must consult each other and make a genuine effort to reach a joint decision: s 61DAA. That does not mean every day-to-day decision must be discussed. Section 61DAB provides that, unless the order says otherwise, a person spending time with a child usually does not have to consult about ordinary decisions made during that time, such as what the child eats or wears. How the Court decides parenting arrangements The Court’s task is not to reward one parent or punish the other. Section 60CA requires the Court, when deciding whether to make a parenting order, to regard the best interests of the child as the paramount consideration. The current best-interests framework is in Family Law Act 1975 (Cth) s 60CC. The Court considers safety, including safety from family violence, abuse, neglect or other harm. It also considers any views expressed by the child, the child’s developmental, psychological, emotional and cultural needs, each proposed carer’s capacity to meet those needs, and the benefit to the child of relationships with parents and other significant people where it is safe to have those relationships. For Aboriginal or Torres Strait Islander children, the Court must also consider the child’s right to enjoy their culture, including connection with family, community, country and language, and the likely impact of the proposed order on that right. Our article on [the best interests of the child](https://thefamilylawyer.com.au/articles/the-best-interests-of-the-child-what-it-means-to-the-court/) explains that framework in more detail. Is there still a presumption of equal time No. The old pathway that connected equal shared parental responsibility with consideration of equal time or substantial and significant time was repealed by the 2024 parenting reforms. Equal time may still be agreed by parents or ordered by the Court in an appropriate case, but it is not automatic. The practical question is whether the arrangement is safe, workable and in the child’s best interests. Equal time can work well for some children where the parents communicate well, live close enough for school and routines, and can manage conflict away from the child. It can be unsuitable where there are safety issues, high conflict, poor communication, long travel times, very young children with particular needs, or a history of family violence. The Court can make many different arrangements. Time might be supervised, staged, daytime only, overnight, school-holiday based or supported by conditions. The right arrangement depends on the evidence and the child’s needs. What helps when negotiating parenting arrangements Good parenting arrangements are usually specific, child-focused and practical. It helps to think about school days, transport, medical needs, extracurricular activities, cultural connection, special occasions, communication between households and what should happen if a child is sick. Evidence matters if there is a dispute. Useful material may include school records, medical information, communication records, a record of care arrangements, evidence of family violence or safety concerns, and examples showing whether proposed arrangements have worked in practice. It usually does not help to frame the dispute as a battle for control. The Court is interested in what protects and supports the child. Parents who keep communication measured, comply with existing orders and show a willingness to focus on the child are generally in a stronger position than parents who inflame the dispute. What to do before going to court Many parents must attempt family dispute resolution before applying for parenting orders. Section 60I generally requires an applicant to file a certificate from a family dispute resolution practitioner unless an exception applies, such as urgency, family violence, risk of abuse, or another specified reason. Our article on [preparing for family dispute resolution](https://thefamilylawyer.com.au/articles/preparing-for-family-dispute-resolution-fdr/) explains how to approach that process. If agreement is reached, parents can consider applying for consent orders so the arrangement is legally binding. If no agreement is reached, legal advice can help you decide whether court is necessary and what evidence is needed. A short conversation with a family lawyer can tell you whether your proposed arrangement is realistic, what safety issues need to be addressed, and whether the matter should be negotiated, mediated or urgently filed. The next step If you are worried about where your child will live, how much time they will spend with each parent, or who will make major decisions, get advice before you commit to an arrangement. The words used in family law have changed, but the practical issue is the same: your child needs a safe and workable structure. Frequently asked questions FAQs ### Frequently asked questions #### Does Australian law still use child custody The term is still common in everyday speech, but Australian family law usually uses parenting orders, living arrangements, time and parental responsibility. If you search for child custody, you are usually looking for advice about parenting orders. #### Do parents automatically get equal time No. Equal time is not automatic. It can be agreed or ordered where it is safe, practical and in the child’s best interests, but the Court looks at the particular child’s circumstances. #### Can one parent have sole decision-making responsibility Yes. A parenting order can allocate responsibility for major long-term decisions jointly or solely. Sole decision-making may be considered where joint consultation is unsafe, unrealistic or not in the child’s best interests. #### Are parenting plans enforceable A parenting plan records an agreement but is not enforced in the same way as a court order. If parents want a binding arrangement, they usually consider consent orders. #### When should I get legal advice Get advice early if there are safety concerns, relocation issues, withheld children, proposed school changes, family violence allegations, or pressure to agree to an arrangement you do not understand. ## Child Support in Australia: Assessments and Agreements Source: https://thefamilylawyer.com.au/articles/child-support-guide-australia/ Articles / Parenting & Children Child support in Australia: assessments, agreements and options Published 10 October 2022 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Parenting & Children Child support often becomes urgent when parents separate because children still need housing, food, school costs, medical care and routine support while adults work out the broader separation. The quick answer is that child support can be dealt with through a Services Australia assessment, a private child support agreement, or in limited situations through court-related child maintenance. The right option depends on income, care arrangements, expenses, cooperation and whether the agreement needs to be flexible or enforceable. What child support is for Child support is financial support for a child after parents separate. The starting point is that parents have responsibilities to support their children, even if they do not live with the child full time. In most separated-parent situations, child support is administered under the Child Support (Assessment) Act 1989 (Cth). Services Australia can assess how much child support should be paid using a statutory formula. That formula considers each parent’s income, the cost of children, the number of children and the care each parent provides. Child support is separate from parenting orders. A parent can have a child support obligation even if parenting arrangements are disputed. Services Australia assessments A child support assessment is the most common pathway. Services Australia calculates the amount payable and can collect and transfer payments if collection is requested. Assessments are useful where parents need an external calculation, where income changes may need to be reflected, or where direct private payment is not working. The assessment can change when income, care percentages or other relevant circumstances change. Parents should keep records of care nights, income information, payments, school expenses, medical expenses and any agreed additional costs. Disputes often arise because people rely on informal arrangements that are hard to prove later. Private child support agreements Some parents prefer a private agreement. There are two main types: limited child support agreements and binding child support agreements. A binding child support agreement requires each party to receive independent legal advice before signing. Private agreements can deal with periodic payments and non-periodic payments, such as school fees, health insurance, medical expenses, extracurricular activities or other agreed costs. They can be useful where parents want certainty or where the ordinary assessment does not reflect the way the family has arranged expenses. A private agreement should not be signed casually. It may have long-term consequences, especially if income, care arrangements or a child’s needs change. What child support may cover Child support is intended to contribute to the ordinary costs of raising children. This may include food, housing, clothing, transport, school costs and everyday care. Some expenses need separate thought. Private school fees, therapy, orthodontics, private health insurance, sport, tutoring and travel costs may not be fully resolved by the basic assessment. Whether those costs should be shared, and in what proportion, depends on the facts and any agreement or order. If a child has special needs, high medical expenses or a parent’s income is not properly reflected, legal advice may be needed about options to seek a change of assessment. Child support and parenting arrangements Child support and parenting arrangements influence each other because care percentages are part of the assessment. That does not mean parenting time should be negotiated as a financial tactic. The child’s best interests remain central to parenting arrangements under the Family Law Act 1975 (Cth) s 60CA. If care arrangements are unstable or disputed, keep practical records. School calendars, messages, travel records and notes about overnight care may help if there is a disagreement about the care percentage used in an assessment. For broader parenting arrangements, see our guide to [parenting orders and who can apply](https://thefamilylawyer.com.au/articles/what-are-parenting-orders-and-who-can-apply/). When to get legal advice Legal advice is important before signing a binding child support agreement, responding to a proposed agreement, dealing with unpaid child support, or trying to resolve major expenses outside the assessment. Advice is also useful where there is family violence, financial control, hidden income, self-employment, overseas income, private school disagreement or a child with additional needs. A short appointment can help you decide whether to use the assessment system, negotiate a private agreement, seek a change, or deal with child support as part of a wider parenting or property plan. The next step Child support works best when it is clear, documented and connected to the actual care and needs of the child. Do not rely on vague promises if the arrangement needs to last. Frequently asked questions FAQs ### Frequently asked questions #### Do I need a lawyer for a child support assessment Not always. Many assessments are handled directly through Services Australia. Legal advice is useful where the assessment does not reflect the real situation or where a private agreement is proposed. #### Can child support include school fees It can, depending on the arrangement. Some private agreements deal with school fees directly. In other cases, extra expenses may need to be negotiated or considered through a change process. #### Is a private child support agreement better than an assessment It depends. An agreement can give certainty and flexibility, but it can also lock in obligations. Independent legal advice is essential before a binding agreement. #### What if child support is not being paid There may be collection and enforcement options. Keep records of missed payments and get advice about whether the issue should be dealt with through Services Australia, negotiation or court-related steps. ## Christmas Parenting Arrangements After Separation Source: https://thefamilylawyer.com.au/articles/christmas-orders/ Articles / Parenting & Children Christmas and holiday parenting arrangements after separation Published 10 December 2019 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Topic Parenting & Children Christmas and school holidays can magnify parenting conflict because children, traditions, travel and extended family all meet at the same time. The best arrangements are usually planned before the pressure arrives. The quick answer is that separated parents should make clear, child-focused holiday arrangements early. If there are parenting orders, follow them. If there are no orders, try to agree on practical details in writing. If agreement is not possible or there is urgency, get advice before the holiday period closes in. Start with the child’s needs Holiday arrangements should be built around the child’s age, routine, travel tolerance, family traditions, safety and ability to enjoy time without being placed in the middle. The legal framework for parenting arrangements is the child’s best interests. Under Family Law Act 1975 (Cth) s 60CA, the child’s best interests are the paramount consideration. Safety is central under the current s 60CC framework. That means the question is not who deserves Christmas more. The question is what arrangement is safe, practical and meaningful for the child. Check any existing orders or parenting plan If parenting orders are in place, read the holiday clauses carefully. Orders may deal with Christmas Eve, Christmas Day, Boxing Day, school holidays, birthdays, travel, passports, changeover times, locations and communication. If the order is clear, comply with it unless a lawful variation or agreement applies. If the order is unclear, get advice early. Leaving interpretation disputes until Christmas week often increases conflict. A parenting plan may guide the arrangements, but it is not the same as a court order. If you need enforceability, consent orders may be more appropriate. Put details in writing A useful holiday agreement should cover dates, times, changeover location, travel, who books transport, passports, medical needs, gifts, phone or video calls, special events, and what happens if someone is delayed. Avoid vague phrases such as “reasonable time” if the relationship is tense. Clear details reduce the chance of arguments. If interstate or overseas travel is proposed, deal with passports, itineraries, emergency contacts, return dates and written consent. If there is a risk a child may not be returned, urgent advice is needed. If you cannot agree If there is enough time, family dispute resolution or lawyer-assisted negotiation may help. If the issue is urgent and no agreement is possible, court advice may be needed. The Court may be reluctant to hear a poorly prepared last-minute holiday dispute unless there is real urgency. Start early, keep records of reasonable proposals and focus on workable options for the child. If existing orders are breached, the issue may become a contravention matter. Keep records and get advice before responding. Helping children stay connected Children can feel divided during holidays. Practical steps help: support calls with the other parent, avoid negative comments, send belongings and medication, honour traditions where possible, and avoid using gifts or events to compete. If the child is anxious, think about shorter blocks, familiar changeovers or a staged arrangement. A plan that works for the child is better than a plan that looks equal on paper but causes distress. Planning for next year Holiday conflict often repeats. If this year was difficult, use it as evidence for clearer arrangements next year. Consider consent orders that deal with alternating Christmas arrangements, school holidays, birthdays, Mother’s Day, Father’s Day, travel and communication. A short appointment with a family lawyer can help you turn a broad holiday agreement into clear and enforceable terms. The next step Holiday arrangements should reduce pressure on children, not add to it. Plan early, write it down and get advice if safety, travel or repeated non-compliance is an issue. Frequently asked questions FAQs ### Frequently asked questions #### Should Christmas Day be split every year Not always. Some families split the day, while others alternate Christmas Eve and Christmas Day or alternate whole years. The best option depends on the child and practical travel. #### Can I travel interstate with my child for holidays It depends on the orders, agreement and circumstances. Get written agreement where needed and legal advice if the other parent objects or there are travel restrictions. #### What if the other parent refuses Christmas time Keep records of proposals and responses. Depending on the circumstances, options may include negotiation, FDR, consent orders, variation or enforcement. #### Are holiday arrangements different from normal time They can be. Many orders include special holiday clauses that override the ordinary weekly routine during school holidays or special occasions. ## How to Contest an Intervention Order? | Melbourne Family Lawyers Source: https://thefamilylawyer.com.au/articles/contest-an-intervention-order/ Articles / Family Violence & Safety How to Contest an Intervention Order (IVO) Published 28 January 2022 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Family Violence & Safety The person who applied for the Order is known as the “Applicant” and you will be known as the “Respondent”. An Applicant can be a family member or the police who has applied for the Order. Read some FAQs here about Family Violence Intervention Order (FVIO). Let our Intervention Order Lawyers in Melbourne assist you. What happens after I receive an Application or an Order Once you receive an Order or Application, the process often requires attendance at multiple court hearings in the Magistrates’ Court. Mentions Hearing (First Hearing) and Directions Hearing You will not be able to contest the Order at your first hearing. If you would like to contest the Order, your matter will be listed for final contested hearing which takes place at a later date. Usually, there will still be a few smaller appearances in between known as a Directions Hearing. It could take up to 12 months or more from the date of your first hearing up to the final contested hearing. The Directions Hearing is a procedural hearing that allows the parties to negotiate and ensure that the Respondent is complying with the conditions of the Order. It allows the Court to check if the parties have obtained legal advice, whether witnesses will be called, whether any further evidence needs to be obtained, whether interpreters are required, and whether the parties are ready for the final contested hearing (that is, if you would like to contest the Order). You can also ask for “further and better particulars” at this stage, which is documents that the Applicant would need to provide outlining the details of the incident. This document would assist you to prepare your arguments against the Order. Final Contested Hearing This is where the Magistrate will hear evidence from any witnesses and evidence from both sides. The Applicant will speak first, then the Respondent. The Magistrate will then determine if a Final Order should be in place. What are my options You can consent to obey the conditions of the Order without agreeing with what the Applicant has alleged. This is known as “consenting without admissions”. You can also ask for the Magistrate to change some of the conditions so that you don’t risk breaching the Order. Agreeing to the Order will not give you a criminal record. It only becomes a criminal matter if you breach the conditions of the Order. An undertaking is a written promise to the court and your family member that you will follow the conditions of the undertaking. You can only provide an undertaking if the Applicant accepts it. If the police were the ones who applied for the IVO, they are less likely to accept an undertaking. The court can also say no to an undertaking. If you break the conditions on the undertaking, you will not be charged by the police unless you have committed an offence such as stalking. The Applicant can still bring their application back to the court in the future and ask for an IVO to be made. If you disagree with the Order, your matter will be set for a contested hearing. A contested hearing will only be set if you have spoken to an intervention order lawyer, and your matter is procedurally ready for a Contested Hearing. This will be where you will be given the opportunity to present your arguments and evidence to contest the IVO and argue against the Order. You will need to satisfy the Court that the claims against you are false or that you are not a future risk to the person(s) needing protection. If you do not have an intervention order lawyer representing you, you cannot cross-examine and ask protected witness questions in court yourself. Therefore, it is important to get legal advice before your hearing. Sometimes a family intervention order may include family law conditions to allow people to have children to continue to negotiate and fulfil parenting arrangements. This can be complex, so you should seek legal advice. We have experienced intervention order lawyers who specialises in family law. ## Contravention of Parenting Orders in Australia Source: https://thefamilylawyer.com.au/articles/contravention-of-parenting-orders/ Articles / Parenting & Children Contravention of parenting orders and what to do next Published 12 February 2020 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Parenting & Children When parenting orders are ignored, the immediate worry is usually whether the child is safe, whether the arrangements still mean anything and what can be done without making the conflict worse. The quick answer is that a person may be in contravention if they intentionally fail to comply with parenting orders, make no reasonable attempt to comply, prevent another person from complying, or help someone else breach the orders. The right response depends on the order, the facts, any reasonable excuse and whether the situation is urgent. Start with the exact order Before taking action, read the order carefully. Parenting orders can be precise, conditional or dependent on practical arrangements. A disagreement about interpretation is different from a clear breach. Check the wording about changeovers, times, school holidays, communication, travel, supervision, make-up time and dispute-resolution steps. If the order requires notice, written agreement or a particular process, that matters. If the order is unclear, legal advice may help you decide whether to seek clarification, variation or enforcement. What counts as contravention Contravention issues arise under the parenting provisions of the Family Law Act 1975 (Cth). The Court considers whether the order was breached and whether there was a reasonable excuse. Examples may include not making a child available, refusing agreed communication, keeping a child beyond the ordered time, failing to return a child, or taking steps that prevent the other party from complying. Not every problem should become a contravention application. Sometimes the better path is negotiation, mediation, clarification or an application to vary orders. Reasonable excuse A person may argue they had a reasonable excuse. For example, they may say they did not understand the order, believed the actions were necessary to protect the child, or could not comply for reasons beyond their control. Whether that excuse is accepted depends on evidence. A genuine safety concern should be documented and handled carefully. A general dislike of the other parent or disagreement with the order is usually not enough. If there is immediate risk to a child, urgent advice is needed. In an emergency, contact police. What evidence helps Useful evidence may include the orders, calendars, messages, emails, call logs, school records, travel documents, police event numbers, medical records, family violence orders and notes of missed changeovers. Keep records factual. Write down dates, times, what was supposed to happen, what actually happened and what communication occurred. Avoid abusive or inflammatory messages, even if you are frustrated. The Court is more likely to be assisted by clear evidence than by broad allegations. Options before filing Depending on the circumstances, options may include written communication, lawyer correspondence, mediation, a parenting app, make-up time, clarification of arrangements, or an application to vary the orders. If the breach is serious, repeated or urgent, a contravention application or other court application may be appropriate. If a child has not been returned or there is a risk of removal, urgent recovery or restraint advice may be needed. A short appointment with a family lawyer can help you decide whether the issue is enforcement, variation, urgent risk or poor drafting. COVID-era and other unusual excuses Older COVID-era parenting disputes often involved border restrictions, illness, isolation and vaccination concerns. Most of those pandemic-specific issues are now dated, but the broader lesson remains: a party should not unilaterally ignore orders unless there is a genuine legal basis and evidence. If circumstances change, the safer path is usually to communicate clearly, document the issue, seek agreement and get advice about whether the order needs to be changed. The next step Parenting orders are meant to create stability for children. If they are not being followed, respond with evidence and strategy rather than anger. Frequently asked questions FAQs ### Frequently asked questions #### Should I stop complying because the other parent breached first Usually no. One breach does not automatically justify another. Get advice before withholding time or changing arrangements unilaterally. #### Can the Court order make-up time It can in appropriate cases. The available outcome depends on the breach, the evidence and what is in the child’s best interests. #### What if my child refuses to go That needs careful advice. The Court may consider the child’s age, reasons, safety, each parent’s conduct and what reasonable steps were taken to comply. #### Is a contravention application always the best option No. Sometimes variation, clarification, mediation or urgent parenting orders are more useful. The facts decide the strategy. ## How Emotional Decision Making Can Impact Family Law Matter Source: https://thefamilylawyer.com.au/articles/emotion-and-decision-making-in-family-law-matter/ Articles / Court & Legal Process How Emotions Can Impact Your Family Law Matter: The Cost of Non-Commercial Decision Making Published 9 August 2023 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Topic Court & Legal Process Navigating the realm of family law is inherently emotional. Whether it’s a divorce, child custody dispute, or property settlement, these are deeply personal issues that stir profound emotions. However, allowing these emotions to dominate can significantly impact the quality of decisions one makes, often leading to outcomes that are less commercially sound. The Emotional Landscape of Family Law The spectrum of emotions in family law matters is vast. Anger, grief, betrayal, fear, and even relief can all be present, sometimes simultaneously. Such emotions can cloud judgment and lead individuals to make decisions based on immediate emotional relief rather than long-term benefit. The Pitfalls of Emotional Decision Making Compromised Objectivity Emotions can skew perceptions of what’s ‘fair’ or ‘deserved’, leading individuals to make claims or demands that aren’t grounded in reality or legal merit. Protraction of Proceedings When decisions are fueled by emotions, particularly negative ones, legal matters can drag on. For instance, one might reject a reasonable settlement proposal out of spite, leading to extended court hearings, which not only drain financial resources but also extend emotional trauma. Financial Repercussions Emotional decisions often sideline financial prudence. One might cling to a family home for its sentimental value, overlooking the liquidity and financial flexibility that selling might offer. Conversely, one might hurriedly liquidate assets at a suboptimal price just to sever ties quickly. Impact on Children Children are sensitive observers. When decisions in family law matters are made out of animosity, the emotional toll on children can be immense. They can become collateral damage in disputes that should be resolved amicably for their well-being. Emotion vs. Commercial Soundness Being ‘commercial’ in family law matters doesn’t mean being cold or uncaring. It means making decisions grounded in long-term welfare, financial soundness, and overall well-being. It’s about understanding the difference between what feels good now and what is best in the long run. For instance, selling a family home might be painful, but if the proceeds allow both parties to move on comfortably and provide for their children, it’s a decision worth considering. Similarly, accepting a slightly lower alimony to ensure a faster, less contentious resolution might be more beneficial than a drawn-out court battle. Steps Towards Balanced Decision Making Engage in Emotional Support: Therapists, counselors, and support groups can provide valuable outlets for emotional expression and processing. Legal Counsel A seasoned family lawyer can offer not just legal advice but also an objective perspective, guiding individuals towards decisions that serve their long-term interests. This offers a structured environment where both parties, under professional guidance, can work towards mutually beneficial solutions. Understand your rights and the legal landscape. When you’re informed, you’re better equipped to separate emotional wants from genuine needs. Regularly assessing your motivations can help in recognizing when emotions are driving decisions. Emotions are inevitable in family law matters, but they shouldn’t be the driving force behind crucial decisions. With the right support and a commitment to one’s long-term well-being, it’s possible to navigate these challenges in a manner that is both emotionally and commercially sound. ## Enforcing Property Settlement Orders | The Family Lawyer Source: https://thefamilylawyer.com.au/articles/enforcing-property-settlement-orders/ Articles / Property & Financial When your former partner will not comply with property settlement orders Published 11 September 2026 Author The Family Lawyer Topic Property & Financial If your former partner has not complied with property settlement orders, start with the exact obligation, its due date and the evidence of what has happened. The next step may be a request for compliance, practical implementation arrangements or a court application. An unpaid amount, an unsigned transfer and a failed refinance can require different remedies. Do not assume the Court will enforce an informal agreement in the same way as sealed orders. Identify the document first, check whether any later order or stay affects it and obtain advice about the result you need. The aim is to make the obligation work, not simply to label the other person’s conduct a breach. Which document are you trying to enforce DocumentStarting point Sealed property settlement ordersIdentify the payment, transfer, sale or other obligation and the enforcement or implementation order required Maintenance ordersCheck the instalments due, arrears, any variation and the applicable enforcement rules Binding financial agreementIts validity, terms and enforcement route need separate analysis; additional court orders may be required before enforcement as an order Informal arrangement or unsigned proposalObtain advice about legal effect and formalisation; it is not automatically enforceable through the property-order process Consent orders are court orders even though both parties agreed to them. A private agreement called a “settlement” is not necessarily a consent order. Find the sealed document rather than relying on a draft sent during negotiations. For financial agreements, the [Court’s enforcement guidance](https://www.fcfcoa.gov.au/fl/pubs/enforcement-hearings) explains the need to first obtain an order enforcing the agreement under the relevant provisions. The label “binding” does not make it interchangeable with an existing court order. Check the obligation and the timeline Read the whole order, including conditions and definitions. A payment may be due a set number of days after another event. A transfer may depend on a discharge of mortgage or payment being ready. Check whether the step you were required to complete has occurred and whether that affects the other party’s obligation. Prepare a simple chronology showing when the order was made, when each step was due, what each person did and what remains outstanding. Separate a proven missed obligation from an explanation you have not yet verified. Keep copies of documents showing the other person received or knew the terms of the order. Also check for an appeal, an application to change an order or an actual stay. Starting a challenge should not be treated as proof that compliance has been suspended. Your lawyer needs the current orders and court documents to establish the position. Gather the evidence before choosing an application Useful records include: The sealed orders and any later orders affecting them. A calculation of amounts due, payments received and the balance claimed. Bank statements, receipts and payment references. Relevant letters and messages requesting or responding to compliance. Transfers, contracts, title searches and other implementation documents. Lender correspondence about refinance applications or requirements. Evidence of conditions being satisfied and of service or notice of the orders. Keep calculations transparent. If interest is claimed, identify its legal basis and the period used; do not choose a rate yourself. Avoid adding unrelated expenses to the debt simply because they arose during the separation. Start with a proportionate response Where it is safe and appropriate, a clear written request may resolve an overlooked deadline or identify the real obstacle. Specify the relevant order, the step required and a reasonable response date. Communication can go through lawyers where direct contact is inappropriate or prohibited. A practical proposal might resolve how documents will be exchanged or when a valuer or selling agent can attend. Take advice before agreeing to an extension or changed arrangement. An informal variation can create uncertainty about obligations, and some changes need further orders. If there is evidence that assets may be dissipated or a sale is about to be frustrated, explain that urgency to your lawyer immediately. Waiting through ordinary correspondence may not be appropriate. Any protective application needs a proper evidentiary basis. If money has not been paid First establish the amount due and whether the payer disputes the calculation, liability or ability to pay. An enforcement hearing can be used to obtain information about the payer’s financial circumstances. It is an information-gathering process, rather than another trial of the original property settlement. Possible enforcement tools include a third party debt notice, an enforcement warrant or orders addressing payment. The available tool depends on the obligation, assets and evidence. A third party debt notice concerns money a third party owes the payer; it is not a general right to demand payment from someone connected with them. Enforcement can also involve competing creditors or insolvency issues requiring further advice. The [Family Law Rules, Part 11.1](https://www.legislation.gov.au/F2021L01197/latest/text), govern financial enforcement procedures. Obtaining an order does not guarantee that money or recoverable assets exist, so consider likely recovery and enforcement expense together. If your former partner refuses to sign Section 106A of the [Family Law Act](https://www.legislation.gov.au/C2004A00275/latest/text) permits the Court, in the specified circumstances, to appoint someone to execute a deed or instrument where a person refuses or neglects to comply with a direction to execute it. This can be relevant to a property transfer. Check whether the existing orders already contain a suitable section 106A provision and whether its conditions have been met. Otherwise, further orders may be necessary. A registrar cannot simply sign any document because one party requests it. The document must implement the relevant obligation, and other transaction requirements still need to be satisfied. If refinancing or a sale has stalled An order between former partners does not by itself require a bank to approve a loan or release a borrower. Establish whether the problem is lack of cooperation, incomplete documents, a lender’s refusal or an order that does not deal adequately with failure to refinance. Read any fallback sale provisions. If none applies, obtain advice about what further directions or substantive relief are available. Do not assume that the deadline passing automatically transfers the property to you, cancels the mortgage or entitles you to sell on any terms. Where a sale is required, disputes may concern the agent, listing price, access, acceptance of an offer or settlement documents. Target the unresolved step. Evidence from the agent or lender may help distinguish an implementation problem from deliberate non-compliance. Enforcement is different from changing the settlement Enforcement seeks compliance with an existing obligation. Varying, discharging or setting aside an order asks for a different legal outcome. Final property orders cannot simply be reopened because one person regrets the bargain. Sections 79A and 90SN contain specific grounds and requirements, and implementation powers have their own limits. If compliance has become impracticable or you say the original orders were affected by non-disclosure or another serious problem, explain that to your lawyer. The correct application may differ from enforcement. Continue to address existing obligations unless advice and the applicable orders establish otherwise. Costs are also relevant. You may seek a costs order, but recovery is not automatic and may not cover every dollar spent. A weak or unnecessary application can create costs risk. Ask for an estimate and a comparison of the available routes before proceeding. Court procedure checked on 9 September 2026 As at 9 September 2026, the National Enforcement List has not commenced. Existing enforcement rules and the applicable current filing requirements continue to matter. An application commonly requires the appropriate enforcement form and supporting affidavit; service, evidence and any request for urgency depend on the relief sought. The [National Enforcement List Practice Direction](https://www.fcfcoa.gov.au/fl/pd/fam-enforcement) applies from 21 September 2026. It establishes a national process for relevant financial and property enforcement matters and distinguishes applications for further orders from requests acting on existing enforcement orders. It expressly excludes Application – Contravention and Application – Contempt proceedings. Check the Court’s current direction when preparing an application, particularly if the filing date is on or after commencement. Parenting-order contraventions have a different process. A dispute about a child’s time should not be treated as a financial enforcement application merely because the same former partner is involved. Arrange an appointment If a payment, transfer, refinance or sale required by your orders has stalled, . Bring the sealed orders, a short timeline and the supporting records. If an asset is at immediate risk, call the office and explain the urgency. ## Solicitor Websites: Risks & Protection | Melbourne Family Lawyers Source: https://thefamilylawyer.com.au/articles/fake-solicitor-websites-risks-protection/ Articles / Choosing a Lawyer & Costs Solicitor Websites: Understanding the Risks and Protecting Yourself Published 19 August 2025 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Choosing a Lawyer & Costs How Fake Solicitor Websites Work Cybercrime has become a pervasive threat for businesses and consumers alike, and the legal profession is no exception. A recent alert from the Legal Practitioners’ Liability Committee (LPLC) explains that criminals are now creating fake solicitor websites to impersonate legitimate law firms and trick unsuspecting clients. These scams pose serious risks, including reputational damage, financial loss, and regulatory exposure. This article explores how fake solicitor websites operate, warning signs for clients, and steps both legal practitioners and clients can take to protect themselves. Domain spoofing and website cloning The core tactic behind fake solicitor websites is domain spoofing. Criminals register website domains that closely mimic legitimate law firm domains, sometimes differing by a single character. They may replace letters with similar-looking numbers (for example, substituting the letter “o” with the number “0”) or add hyphens or extra words to create confusion. Because domain registration rules do not prohibit slight variations, criminals can obtain valid secure website certificates (TLS) and create a website that appears authentic. They frequently clone the genuine firm’s design, branding, text and staff details, making it very difficult for a layperson to identify the website as fraudulent. Targeted phishing campaigns After establishing the spoofed domain, scammers conduct targeted phishing campaigns. They send emails to potential clients or colleagues that look like routine requests but later include malicious attachments or links designed to steal credentials or install malware. The LPLC notes that this multi‑stage process exploits the trust placed in legitimate firms. Identity theft and impersonation Identity theft is another component of these scams. Criminals may steal a lawyer’s name and professional identity to create both physical and virtual fake law firms. They may even copy the names and photographs of real solicitors on counterfeit websites, making the deception more convincing. Risks Posed by Fake Solicitor Websites Fake websites threaten both legal practitioners and clients in several ways: Reputational damage Being impersonated can erode client trust. Clients may mistakenly blame the real firm for loss of funds or misleading advice. Financial losses Successful scams can lead to theft of confidential information and large transfers of money to fraudulent accounts, particularly during property transactions or settlements. Legal and compliance exposure If data breaches occur, law firms face potential regulatory action. For example, the Victorian Legal Services Board warns that failure to implement basic cybersecurity controls could amount to professional misconduct. Clients could also bring complaints if they suffer loss after relying on instructions from a fake website. Client victimisation Victims may be pressured by criminals who claim to help them resolve legal issues or recover previous losses, using forged documents and official‑looking logos to solicit funds or personal data. The Victorian Legal Services Board and Commissioner notes that scammers impersonating a law practice’s bank may request passwords, one‑time codes or funds under the pretext of investigating fraud. Warning Signs of Fake Solicitor Websites Differences in domain names and contact details One of the most effective ways to detect a fake law firm website is to examine the domain name. Look for slight spelling variations, numbers replacing letters, additional hyphens or unusual domain extensions. A legitimate law firm domain will typically use its official name without extra characters or words, and its email addresses will end in that domain rather than a free webmail service. Suspicious contact details-generic phone numbers, free webmail addresses or mismatched physical addresses-may indicate a fake site; legitimate firms provide verifiable office addresses and consistent phone numbers. Pressure tactics and requests for payment Many scams involve urgent requests or upfront payments. The VLSB+C reports that scammers impersonating a law practice’s bank contact lawyers or clients, claiming to investigate fraud and requesting personal details, one‑time security codes or transfers to a “safe” account. Messages may arrive by phone, text or email and appear to come from the legitimate bank or law firm. Clients may also receive unsolicited offers of legal services or immigration assistance accompanied by forged documents and official‑looking logos. If a supposed solicitor asks for money before meeting in person or refuses to provide credentials, this is a red flag. Genuine lawyers usually provide a written cost agreement and only request funds through secure, traceable channels. Clients should verify the lawyer’s credentials through the appropriate Australian law society or legal services board. Unwillingness to meet or provide identification Fraudsters often avoid face‑to‑face or video meetings, claiming to work only via email and refusing to provide licences or identification. Real practitioners are regulated and will verify their identity; those who decline should be treated with caution. Poor quality website content Many fraudulent websites are hastily assembled and may contain spelling errors, inconsistent terminology, missing pages or low‑quality images. They may also use generic stock photos or copied biographies from legitimate firms. While some legitimate websites might be simple, numerous mistakes or missing information should prompt caution. Steps Clients Can Take to Verify Legitimate Law Firms Verify the solicitor’s credentials Clients should independently verify the identity of any lawyer they intend to engage. In Victoria, the Victorian Legal Services Board and Commissioner maintains a register of all practising lawyers. Clients can search this register to confirm that the solicitor is licensed and to obtain contact details that can be cross‑checked with those on the website. Similar registers exist in other Australian states and territories. If the names and contact details on the website do not align with the official records, the site is likely fraudulent. Confirm bank account details independently Many scams target trust account transfers. The Victorian Legal Services Board and Commissioner warns that scammers impersonating a law practice’s bank may request personal or financial information, including online banking passwords and one‑time security codes, or ask clients to transfer funds to a “safe” account. Clients should be wary of any email or message requesting transfer of funds to a new account or advising that the law firm’s bank details have changed. Always call the firm directly on a verified phone number to confirm payment instructions. Many law practices include warnings in their engagement letters that bank details will not change during a transaction. Use video verification or personal meetings To ensure the law firm is genuine, clients should request a video meeting or visit the firm’s office in person where practicable. Asking for photo identification, practising certificates or bar numbers can help confirm legitimacy. If the supposed lawyer cannot supply these or refuses to meet, it is safest to disengage. Check online reviews and official announcements Search for the law firm’s name across multiple sources such as directories, news articles, professional profiles and client reviews. A legitimate firm will have a wider web presence; a lack of independent information or reports of scams suggests the firm may be fictitious. Regulatory bodies issue fraud alerts; for instance, the VLSB+C warns that banks will never request passwords or one‑time security codes by phone or text. Staying informed about such alerts helps clients recognise new scam tactics. Responding to an Impersonation Incident Despite best efforts, some law firms may still fall victim to impersonation. The LPLC outlines recommended actions if a fake website is discovered: Notify your IT and security team immediately so they can contain and investigate the incident. Alert clients and local partners Warn them about the impersonation, provide legitimate contact details and advise caution with suspicious communications. Contact domain authorities Lodge a complaint with the.au Domain Administration (auDA) under the.au Dispute Resolution Policy. The auDA can assist in suspending fraudulent domains. Report to relevant regulators Inform the Australian Cyber Security Centre (ACSC), Scamwatch and state legal regulators such as the Victorian Legal Services Board + Commissioner. Monitor and review Continue monitoring domain registrations and email traffic for signs of further attacks. Conduct a post‑incident review to identify security gaps. Conclusion Fake solicitor websites represent a sophisticated form of cybercrime that leverages domain spoofing, phishing and identity theft to exploit the trust placed in legal practitioners. By understanding how these scams operate, clients and law firms can recognise warning signs and take proactive measures to mitigate risk. Clients should verify solicitor credentials, confirm bank details through independent channels and remain cautious of unsolicited or high‑pressure requests. Ongoing vigilance and education are key. At The Family Lawyer, we prioritise transparency, trust, and the highest standards of professional care. Our experienced team ensures your legal matters are handled with integrity, backed by verified credentials and a reputation you can rely on. If you’re seeking trusted guidance in family law, from separation and divorce to property settlements and parenting arrangements, our lawyers are here to protect your interests every step of the way. Book a consultation with The Family Lawyer or call us at 1300 111 835 and work with a legal team you can trust ## Family Law Matters: Every Case Is Unique | Family Lawyers Source: https://thefamilylawyer.com.au/articles/family-law-matters/ Articles / Separation & Divorce Family Law Matters: As Unique As Fingerprints Published 9 August 2023 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Topic Separation & Divorce Family law is sometimes reduced to broad labels such as divorce, parenting disputes or property settlement. Those labels do not tell the whole story. Two people may face the same type of legal issue but need very different advice because their children, finances, safety concerns, history and priorities are different. Australian family law provides a legal framework, but the practical path through a matter depends on the facts. Understanding those facts early can help you ask better questions, gather the right information and make decisions with a clearer view of the possible consequences. The Intricacies of Family Dynamics Families take many forms. A matter may involve married or de facto partners, young children, adult children, stepchildren, grandparents or other people who have played an important caring role. Living arrangements, communication patterns and the level of trust between people can all affect what is realistic. Cultural and Social Constructs Culture, language, faith, community connections and expectations within an extended family may be important to the people involved. For children, maintaining meaningful cultural relationships may also be relevant to their wellbeing. These matters should be discussed openly with a lawyer rather than treated as background details. Economic Influences The financial position of each household can shape both the issues in dispute and the available options. Relevant information may include income, debts, superannuation, property, businesses, trusts, care responsibilities and each person’s capacity to meet future expenses. A complete picture is important because assumptions about who owns an asset or incurred a debt may not determine how it is treated in a family law matter. The Personal History The length of the relationship, the way responsibilities were shared, financial and non-financial contributions, and events before and after separation can all matter. Family violence, coercive control, substance misuse or concerns about a child’s safety require particular care. Tell your lawyer about safety concerns early, even if they are difficult to discuss, so that advice and communication can be approached appropriately. Children add another individual dimension. Their ages, health, development, routines, relationships and views may differ, including between siblings. Parenting arrangements are considered by reference to the child’s best interests, with safety as a central consideration. There is no automatic outcome that applies to every family, and the law does not start from a parental entitlement to a particular amount of time. The Emotional Spectrum Separation can bring grief, anger, fear, relief and uncertainty, sometimes all at once. Those responses are understandable, but decisions made for immediate emotional relief may have long-term legal, financial or parenting effects. It can help to separate three questions: what needs attention urgently, what outcome you would prefer, and what outcome is realistically available. Legal advice can address the legal questions. Counsellors, financial advisers and other support services may also help with issues outside a lawyer’s role. Legal Implications The law sets the principles that apply, but evidence is needed to connect those principles to your circumstances. Documents, messages, financial records, dates and details about care arrangements may be important. The relevance and weight of each item will depend on the issue. Many matters can be resolved without a final court hearing. Depending on the circumstances, options may include direct negotiation, lawyer-assisted negotiation, family dispute resolution, mediation, a parenting plan, consent orders or a financial agreement. Court proceedings may be necessary where agreement cannot be reached, urgent orders are needed, disclosure is incomplete or safety concerns make other processes unsuitable. Time limits can also apply, particularly to property and maintenance applications after divorce or the end of a de facto relationship. The applicable date and any exception depend on the circumstances, so prompt advice is sensible if separation occurred some time ago. Embracing the Uniqueness Recognising that every matter is different does not mean the process must be vague. A useful approach is to identify the issues, obtain advice about the law, and then choose steps proportionate to the risks and value involved. Personalised Legal Counsel Advice should be based on your facts, not on a friend’s outcome or a general example found online. A lawyer can explain the range of possible pathways, what further information is needed and where there is uncertainty. No lawyer can guarantee a negotiated result or what a court will decide. Empathy and Patience Family law decisions often need to be made while people are under pressure. Allowing enough time to understand a proposal, ask questions and consider its practical effect can reduce avoidable mistakes. Where a decision is genuinely urgent, the reason for urgency should be identified and addressed directly. Adaptability Circumstances may change during a matter. A child may start school, a property may be sold, employment may change or new information may emerge through disclosure. The strategy may need to change as well. Regularly reviewing priorities can keep the legal work directed to what now matters most. Informed Decision Making Before making a significant decision, ask what the proposal means in practice, what it will cost to pursue, how long it may take, what evidence supports it and how it may affect children or future finances. A legally available option is not always the most practical option. Useful preparation for an initial appointment may include: a short chronology of the relationship and separation; details of current arrangements for children; a list of assets, liabilities, income and superannuation; copies of any existing agreements, court orders or intervention orders; key correspondence and documents, kept in their original form; and your immediate concerns and the outcomes that matter most to you. Do not delay seeking urgent help while trying to assemble a perfect file. If anyone is in immediate danger, contact emergency services. If there are risks of family violence, child removal, asset disposal or an approaching court date, tell the lawyer when arranging the appointment. Just as no two fingerprints are identical, no two family law matters follow exactly the same course. Careful advice, complete information and a practical plan can help you move from a broad concern to a manageable next step. We Help You With Your Family Law Cases Are you seeking help with a family law matter? Our family lawyers can explain the legal framework, discuss the options that may be available and help you plan the next step. Contact our office on 1300 111 835 or email enquiries@thefamilylawyer.com.au. ## Family Lawyer Costs in Melbourne | The Family Lawyer Source: https://thefamilylawyer.com.au/articles/family-lawyer-costs-melbourne/ Articles / Family Law Family lawyer costs in Melbourne and what changes the bill Published 11 September 2026 Author The Family Lawyer Topic Family Law There is no single reliable total for a family lawyer in Melbourne. The cost depends on the work you need, the issues in dispute and how the matter progresses. A first appointment, an agreed property settlement and a contested hearing involve different work. Start by asking for the appointment fee and what it covers, then a written estimate for the next stage of your matter. A useful costs discussion gives you more than an hourly rate. It explains who will do the work, the likely professional fees, expenses paid to others and the events that could change the estimate. That helps you decide how to proceed before committing to the next step. What makes up the cost The total may include several components. Some matters need only advice and document preparation; others require experts, mediation or court work. Cost componentWhat it pays forWhat to clarify Professional feesYour lawyer’s advice, preparation, negotiations and representationScope, charging method and which team members will work on your matter GSTTax on taxable legal services and some expensesWhether quoted figures include GST Court feesFiling applications and some court eventsWhich fees apply and whether you qualify for a reduction or exemption Barrister feesSeparately engaged advocacy or specialist adviceWhether needed, the estimate and any cancellation terms Expert and valuation feesReports such as a property or business valuationWho engages the expert, who initially pays and whether further work costs extra Other disbursementsExpenses such as process service, searches or transcriptsWhat is included in the estimate and when approval will be sought Court fees are separate from your lawyer’s fees. GST does not apply to court fees. The Court publishes its [current family law fees](https://www.fcfcoa.gov.au/fl/fees/fl-fees), including the different eligibility rules for reduced divorce fees and exemptions for other applications. Check the current schedule rather than relying on an older quote found online. Fixed fee hourly rate or estimate A fixed fee is a price for defined work. Its usefulness depends on the definition: drafting an application may not include negotiations about its contents, responding to requisitions or attending a hearing. Ask what happens if assumptions change or more work becomes necessary. A fixed fee for one stage is not automatically a fixed fee for the whole matter. With hourly charging, the professional fee depends on the time reasonably spent and the applicable rates. Ask who is likely to handle routine preparation, who will advise on strategy and how work is supervised. Comparing rates alone can be misleading if the proposed scope and team differ. An estimate forecasts the expected cost using the information available. It is not necessarily a cap. In Victoria, costs disclosure generally includes the basis of charging and an estimate of total legal costs, subject to statutory exceptions. Significant changes must be disclosed. Legal costs must also be fair and reasonable. The [Victorian Legal Services Board and Commissioner explains costs disclosure](https://lsbc.vic.gov.au/lawyers/legal-costs/costs-disclosure). Before accepting a proposal, ask the firm to identify whether each figure is a fixed fee, an estimate or a third party’s quote. Request an explanation of exclusions and GST in writing. If your budget cannot cover the proposed work, discuss what advice or stage can sensibly be undertaken within it. How costs change as a matter progresses An initial advice stage involves understanding your circumstances, reviewing key documents and identifying options. It may reveal a need for more information before anyone can give a useful estimate for settlement negotiations. The agreement stage may include exchanging financial documents, obtaining valuations, preparing proposals and discussing terms. Reaching broad agreement is not the end of the work: the terms need to be legally documented and capable of being carried out. Divorce, property settlement and parenting arrangements are separate issues, even when they arise from the same separation. Mediation requires preparation as well as attendance. Your lawyer may review proposals, organise evidence and advise on possible outcomes before the day. If agreement is reached, drafting and implementing the documents can add a further stage. If it is not reached, the work already done may still help narrow the dispute. Contested interim applications involve temporary orders, affidavits and hearings before a final decision. A final hearing generally requires substantially more preparation, including evidence, witness arrangements and submissions. Some cases settle before reaching that point. Ask for estimates by stage and a clear explanation of what would make litigation necessary. Implementation can include transfers, refinancing, sale arrangements and superannuation splitting steps. Ask whether this work is included. An estimate ending when orders are made may leave further professional fees and transaction expenses to pay. What you can do to help control the bill Organise documents before sending them. A dated list of assets, liabilities and important events is usually more useful than many unlabelled attachments. Tell your lawyer what is missing rather than spending time recreating records that can be obtained directly. Consolidate non-urgent questions into one clear message. Separate what has happened from what you want to happen, and identify any actual deadline. Keep urgent safety concerns or court deadlines prominent; cost control should not delay necessary advice. Ask which disagreements affect the legal outcome. It may cost more to investigate a minor valuation difference than the difference itself. Your lawyer can help you compare the cost and benefit of obtaining further evidence or making another proposal. You cannot control every cost driver. Missing disclosure, complex business interests, family violence, the other party’s decisions and court timetables may require additional work. A useful budget allows for these risks without assuming that all delay is your responsibility. Questions to ask before engaging a lawyer What work does the estimate cover, and where does that stage end? Does the figure include GST, court fees and likely disbursements? Who will do the work, and what rates or fixed fees apply? What assumptions could change the estimate, and when will I receive an update? How often will I receive bills, and is money required in trust before work starts? What are the appointment cancellation and rescheduling terms? Who should I contact if I do not understand a bill? There is no need to wait until the final bill to raise a concern. Ask for clarification when the scope changes or a charge is unclear. If a concern remains unresolved, the [Victorian Legal Services Board and Commissioner’s costs guidance](https://lsbc.vic.gov.au/consumers/legal-costs-and-billing) explains consumer options. Time limits can apply to complaints and costs assessment, so seek advice promptly. Is a quote the total and what is extra The answer depends on its wording. Check whether the quote covers a single appointment, defined documents, negotiations or completion of the matter. Ask for excluded expenses and later stages to be identified rather than assuming they are included. A low starting figure and a whole-matter estimate are not directly comparable. How to prepare for the first appointment Bring any court orders, applications, agreements and letters with deadlines. For a financial matter, prepare a broad list of assets, debts, income and business interests. For parenting advice, summarise the current care arrangements, proposed changes and safety concerns. A short list of your three most important questions helps focus the discussion. Confirm the appointment price, length and inclusions when arranging it. The first appointment should help identify the work your situation requires and the questions that must be resolved before estimating further stages. Arrange an appointment To discuss the likely work, costs and next steps for your separation, . Bring any existing quote or costs agreement you want to understand, together with the documents most relevant to your matter. ## Choosing the Right Family Lawyer in Melbourne Source: https://thefamilylawyer.com.au/articles/family-lawyer-melbourne/ Articles / Choosing a Lawyer & Costs How to choose a family lawyer in Melbourne Published 1 June 2023 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Choosing a Lawyer & Costs Choosing a family lawyer can feel difficult because the decision is made at a stressful time. You may be dealing with separation, children, money, safety concerns or court documents, and you need advice that is clear rather than overwhelming. The quick answer is that the right family lawyer should understand your issue, explain your options plainly, give practical next steps, be upfront about costs and help you choose a strategy that matches the risk and importance of the matter. Family lawyer or family solicitor In Australia, people often use family lawyer and family solicitor to mean the same thing. The important question is not the label. It is whether the person advising you has the right family law experience for your issue. Family law covers parenting, property settlement, divorce, child support, spousal maintenance, intervention orders, financial agreements, consent orders and urgent court issues. Some matters need negotiation. Some need careful document preparation. Some need immediate court advice. Choose someone who can explain which path your matter is likely to need. What to look for Look for clear communication, relevant experience, practical strategy and a realistic discussion about cost. A good first appointment should help you understand where you stand, what information is missing and what the next step should be. Be cautious about advice that sounds certain before the lawyer has seen documents. Family law often depends on evidence, timing, risk and what can be proved. It is also reasonable to ask who will work on your matter, how communication will be handled and what documents are needed before advice can be given. Preparing for a first appointment Bring the documents that show the problem. For parenting matters, bring any orders, parenting plans, important messages, school information and a short summary of the current arrangements. For property matters, bring a rough asset and debt list, superannuation details, income information and any offers already made. For court matters, bring the court documents and deadlines. For intervention orders, bring the application, order, hearing date and any police paperwork. A short timeline helps. It does not need to be perfect. Dates, major events and current concerns are enough to start. What happens during a first appointment The lawyer should identify the legal issue, ask questions, explain the likely options and give immediate next steps. You may discuss negotiation, mediation, disclosure, consent orders, urgent applications, court documents, safety or settlement strategy. The appointment should also clarify what the lawyer needs from you. That may include documents, valuations, financial disclosure, messages, court material or instructions about preferred outcomes. If you leave with more confusion than clarity, ask for the advice to be summarised. Managing legal costs Legal costs are easier to manage when the work is focused. Be organised. Send documents in a usable format. Keep communication concise. Respond to requests promptly. Avoid using lawyer time for issues that do not affect the legal outcome. Ask about the likely stages of work and what could increase cost. Court proceedings, poor disclosure, urgent disputes, repeated conflict and unclear instructions can all increase cost. A low-cost path is not always the safest path, but unnecessary conflict is expensive. The aim is to spend money on steps that move the matter forward. Free consultations and fixed expectations Some firms advertise free consultations. That can be useful for a general discussion, but complex family law advice usually requires time, documents and careful analysis. The better question is what value the appointment gives you. A paid appointment that identifies risk, strategy and next steps may be more useful than a short conversation that cannot go beyond general information. The next step The right family lawyer should help you move from uncertainty to a practical plan. You do not need every document before making contact, but you should bring what you have and be clear about the decision you need to make. Frequently asked questions FAQs ### Frequently asked questions #### What should I ask a family lawyer first Ask what the immediate risks are, what options are available, what information is missing and what the next practical step should be. #### Do I need a specialist family lawyer For important parenting, property, court or safety issues, family law experience matters. The more complex the issue, the more important the experience. #### How can I reduce legal fees Be organised, provide documents promptly, keep communication focused and avoid escalating issues that do not affect the outcome. #### Is the first appointment legal advice It should be if the lawyer has enough information to advise. Some issues may require documents before detailed advice can be given. ## Guide to Family Violence Intervention Orders Victoria Source: https://thefamilylawyer.com.au/articles/family-violence-intervention-orders-fvio/ Articles / Family Violence & Safety Family violence intervention orders in Victoria Published 12 March 2024 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Family Violence & Safety Family violence intervention orders are often needed when a person needs immediate protection, clear boundaries or court-backed conditions after violence, threats, stalking, coercive control or other unsafe behaviour. The quick answer is that a family violence intervention order, or FVIO, is a Victorian Magistrates’ Court order that can protect an affected family member from family violence. It is separate from parenting and property proceedings in the federal family law system, but it can affect how those matters are managed. If you are in immediate danger, call 000. What family violence means In Victoria, family violence is dealt with under the Family Violence Protection Act 2008 (Vic). Family violence can include physical violence, sexual abuse, threats, emotional or psychological abuse, economic abuse, coercive or controlling behaviour, stalking, property damage and behaviour that causes a child to hear, witness or be exposed to family violence. Family violence is not limited to physical assault. Patterns of control, intimidation and financial restriction can be serious. In federal family law matters, family violence may also be relevant to parenting arrangements, safety concerns and, in appropriate property matters, the financial consequences of violence or economic abuse. What an FVIO can do An FVIO can include conditions that stop a person from committing family violence, contacting or approaching another person, going near a home, workplace or school, damaging property, publishing material online, or getting another person to engage in prohibited behaviour. The conditions depend on the circumstances. An order should be clear enough that everyone understands what is allowed and what is not. An FVIO is not the same as a parenting order. If there are children, the interaction between the intervention order and parenting arrangements needs careful advice. Interim and final orders An interim order can be made before the final hearing if the Court considers immediate protection is needed. A final order may be made by consent, after negotiation, or after a contested hearing. Agreeing to an order without admissions may be possible in some cases, but it should not be done without understanding the consequences. Conditions can affect communication, living arrangements, work, parenting changeovers and future family law negotiations. If you have been served with an application, read the conditions and hearing date immediately. Breaching an intervention order can have criminal consequences. Evidence and practical preparation Useful evidence may include police reports, photographs, medical records, messages, emails, call logs, bank records, property damage records, witness details, school communications and notes of incidents with dates and times. If it is safe, preserve evidence. Do not contact the other person in breach of an order or in a way that could escalate risk. If you are unsure whether communication is allowed, get advice first. For applicants, the focus is protection and practical conditions. For respondents, the focus is understanding the allegations, the proposed conditions and any effect on children, work or housing. Interaction with parenting matters Family violence can be highly relevant to parenting arrangements. Under the current parenting framework in the Family Law Act 1975 (Cth), the child’s best interests remain paramount and safety is central. An FVIO does not automatically decide parenting arrangements, but it may affect communication, changeovers, supervision and whether urgent parenting orders are needed. If orders conflict or appear difficult to follow together, get advice quickly. A short appointment with a family lawyer can help you understand both the intervention order and the family law consequences. The next step An FVIO is serious whether you are applying for protection or responding to an application. The right conditions and the right strategy matter. Frequently asked questions FAQs ### Frequently asked questions #### Is an FVIO a criminal charge No. An FVIO is a civil protective order. However, breaching an intervention order can be a criminal offence. #### Can an FVIO include children Yes, children can be protected persons where appropriate. The conditions need to be considered alongside any parenting arrangements. #### Can I agree to an order without admitting the allegations Sometimes. You should get advice before doing so because the conditions may still have significant practical consequences. #### What if I need urgent protection If you are in immediate danger, call 000. You can also seek urgent advice about applying for an interim intervention order. ## Relevance of Family Violence on Family Law Property Settlement Source: https://thefamilylawyer.com.au/articles/family-violence-on-family-law-property-settlement/ Articles / Property & Financial The Relevance of Family Violence on Family Law Property Settlement Published 29 March 2022 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Topic Property & Financial Kennon v Kennon Case In 1997, the Family Court of Australia considered whether family violence could change the outcome of a property settlement. In this case, it was a short relationship where the Husband had brought in significantly more assets into the relationship and had a significantly higher income. There were no children of the relationship. The Wife alleged that she was the victim of family violence. The Husband was prone to excessive alcohol consumption leading to fits of rage and physical violence, where the Wife alleged that she feared for her safety. She developed a psychological injury described by her doctor as suffering from “an anxiety state”. The court determined that in the context of assessing contributions, an adjustment could be made if it could be satisfied that a course of violent conduct could be established, the violent conduct had a discernible impact on the victim and the victim’s contributions to the relationship had been significantly more arduous because of the violence. The court noted that there is only a narrow band of cases where this consideration would apply. is the leading case in Australia on the impact of violent conduct on property settlements following a breakdown of relationships. However, it has had little impact on the post-separation divisions ordered by the Family Court of Australia. has been widely criticised for not recognising the complexities of family violence. For instance, it is often hard for victims to prove that family violence has in fact occurred when violent conducts usually happen behind closed doors, in the absence of witnesses. Coad v Coad Case In 2011, the Family Court of Australia considered the matter of The Husband attempted to murder his Wife. The Wife sustained residual and lifelong disabilities, impacting on her capacity to work and earn an income. The injuries inflicted made it more onerous than it otherwise would have been for her to care for her child. The wife was awarded 90% of the property pool. Keating v Keating Case In 2019, the Family Court of Australia determined that the ruling could be applied more broadly. The court held that corroborative evidence was not a requirement for family violence to be accepted and to be accounted for in the context of determining property settlement. Get help with your property settlement cases Family violence can affect both safety planning and financial strategy. ## Fathers' Rights After Separation in Australia Source: https://thefamilylawyer.com.au/articles/fathers-rights-when-separating/ Articles / Parenting & Children Fathers' rights when separating Published 11 October 2022 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Parenting & Children Many fathers worry that separation means they will be pushed to the edge of their children’s lives. That fear is understandable, especially where communication has broken down or the children are being withheld. The short answer is that Australian family law does not favour mothers or fathers. The Court focuses on the child’s best interests. A father can seek parenting orders about where the children live, time with them, communication and decision-making, but the order must be safe, practical and child-focused. The law does not prefer one parent by gender Parenting law is not built around a mother’s rights or a father’s rights. It is built around the child’s best interests. In deciding whether to make a parenting order, the Court must regard the best interests of the child as the paramount consideration: Family Law Act 1975 (Cth) s 60CA. The current best-interests framework is in s 60CC. The Court considers safety, any views expressed by the child, the child’s developmental, psychological, emotional and cultural needs, each proposed carer’s capacity to meet those needs, and the benefit to the child of relationships with parents and other significant people where it is safe. This means a father who has been actively involved in the children’s care should not assume that role is legally irrelevant. It also means a father should not assume that equal time will be automatic. The focus is the children, the evidence and the practicality of the proposed arrangement. The old equal shared parental responsibility presumption is gone It is important not to rely on outdated advice. The former presumption of equal shared parental responsibility was removed by the 2024 parenting reforms. The old pathway that required the Court to consider equal time or substantial and significant time in certain circumstances has also been repealed. Parents still have parental responsibility unless a court order changes that position. Section 61C says each parent of a child under 18 has parental responsibility for the child, subject to any court order. But the Act now makes clear that this is not a presumption the Court applies when deciding parenting orders. If it is safe to do so, parents are encouraged to consult about major long-term issues, such as schooling, health, religion, culture, the child’s name and major living-arrangement changes: Family Law Act 1975 (Cth) s 61CA. A parenting order can allocate decision-making jointly or solely. What fathers can ask the Court to order A father can apply for parenting orders in the same way as any other parent. Section 65C allows either or both parents to apply. It also allows the child, a grandparent or another person concerned with the child’s care, welfare or development to apply. Parenting orders can deal with where the children live, the time they spend with a parent, communication by phone or video, holidays, special occasions, parental responsibility, decision-making and practical arrangements for changeover. The scope of parenting orders is set out in s 64B. Our article on [what parenting orders can cover](https://thefamilylawyer.com.au/articles/what-are-parenting-orders-and-who-can-apply/) explains that structure in more detail. What if you are being denied time with the children If there are no parenting orders, the first step is usually to try to resolve arrangements safely and in writing. That may involve direct communication, lawyer-assisted negotiation or family dispute resolution. If family dispute resolution is required, a certificate under s 60I is usually needed before filing a parenting application, unless an exception applies. If parenting orders already exist and the other parent is not following them, the options are different. You may need advice about compliance, make-up time, negotiation or a contravention application. Our article on [contravention of parenting orders](https://thefamilylawyer.com.au/articles/contravention-of-parenting-orders/) explains the general pathway. Do not respond to withheld time by withholding child support, making threats, turning up unexpectedly at school or changeover, or breaching an intervention order. Those steps can harm your position and may create safety concerns. When withholding may be treated differently There are situations where a parent may have a reason for not following an arrangement, especially where there is family violence, risk of abuse, serious safety concerns, illness, or an urgent welfare issue. The existence of a concern does not mean either parent can do whatever they like, but it does affect how the issue should be handled. If you are accused of creating a risk, get advice before sending long messages or filing material. If you believe the children are at risk with the other parent, get advice before withholding them or changing arrangements. Parenting disputes can escalate quickly when safety and time are both in issue. The Court will want to know what happened, what evidence supports the concern, what steps were taken to keep the children safe, and what arrangement is proposed now. Building a child-focused proposal A strong parenting proposal is practical. It explains where the children will live, how school and activities will be managed, how changeover will occur, how communication will work, and how decisions will be made. For fathers seeking more time, evidence of past involvement can help. This may include school involvement, medical appointments, routines, messages about care, photographs of ordinary parenting, travel to activities, payment of child-related expenses and a history of reliable time. The proposal should also deal honestly with practical issues. Work hours, distance between homes, the children’s ages, breastfeeding, special needs, family violence concerns, school location and parental communication can all affect what is workable. Family dispute resolution and negotiation Many parenting matters start with family dispute resolution. It can be useful when both parents can participate safely and make decisions without pressure. Preparation matters. Know what you are asking for, why it benefits the children, and where you have room to compromise. Our article on [preparing for family dispute resolution](https://thefamilylawyer.com.au/articles/preparing-for-family-dispute-resolution-fdr/) sets out practical steps before mediation or FDR. If agreement is reached, consider whether it should be documented as consent orders. Parenting plans can be useful, but consent orders are usually stronger where certainty and enforceability matter. What helps or hurts a father’s case Helpful conduct includes staying calm in writing, turning up on time, keeping child-focused records, following existing orders, encouraging the children’s safe relationship with the other parent, and proposing arrangements that fit the children’s routines. Unhelpful conduct includes abusive messages, using the children as messengers, speaking badly about the other parent to the children, ignoring safety concerns, making unilateral school or travel decisions, or treating the dispute as a contest between adults rather than a plan for the children. The Court does not expect separated parents to agree about everything. It does expect parents to focus on the children’s welfare and to act consistently with safe and workable arrangements. The next step Fathers should not assume the system is against them, but they should also avoid relying on outdated statements about automatic equal time or equal shared parental responsibility. Current law requires a careful best-interests analysis. If you need advice about time with your children, decision-making or urgent parenting issues, our [parenting arrangements service](https://thefamilylawyer.com.au/services/parenting-arrangements/) can help you work out the next step. Frequently asked questions FAQs ### Frequently asked questions #### Do fathers have equal rights after separation The law does not prefer one parent by gender. The Court decides parenting arrangements according to the child’s best interests, not a fixed mother’s rights or father’s rights model. #### Can a father get equal time Yes, equal time can be agreed or ordered where it is safe, practical and in the child’s best interests. It is not automatic. #### What if the other parent will not let me see the children Get advice before reacting. The right path depends on whether there are existing orders, whether there are safety concerns, and whether family dispute resolution or an urgent application is needed. #### Do I still have parental responsibility after separation Usually, yes, unless a court order changes that position. Parental responsibility is different from time arrangements and can be allocated jointly or solely by parenting orders. #### Should I apply to court straight away Not always. Many matters require family dispute resolution first, unless an exception applies. Court may be necessary where there is urgency, risk, withheld children, serious conflict or failed negotiation. ## Financial Disclosure for Property Settlements Explained Source: https://thefamilylawyer.com.au/articles/financialdisclosure/ Articles / Property & Financial Financial disclosure in family law property settlement Published 27 October 2019 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Topic Property & Financial Property settlement cannot be negotiated properly if one person does not know what exists, what it is worth or where the money has gone. Disclosure is the process that brings the financial picture into the open. The quick answer is that each party in a family law property matter is expected to give full and frank financial disclosure. That usually includes income, assets, debts, superannuation, companies, trusts, bank accounts, tax records and documents relevant to valuation or ownership. If assets are hidden, incomplete disclosure can affect both strategy and the Court’s response. Why disclosure matters The Court cannot make a fair property order without understanding the property pool. Disclosure also allows parties to negotiate from an informed position and avoid agreements based on guesses. Property settlement under the Family Law Act 1975 (Cth), including s 79 for married couples and s 90SM for de facto couples, requires attention to the property, liabilities, contributions, future needs and whether the outcome is just and equitable. Disclosure is the evidence base for that exercise. The FCFCOA rules also require disclosure in family law proceedings. The obligation is ongoing, so new or corrected information should be provided as the matter progresses. What documents are usually needed The documents depend on the asset pool, but common disclosure includes bank statements, tax returns, notices of assessment, payslips, mortgage statements, loan statements, credit cards, superannuation statements, company financials, trust deeds, business activity statements, property valuations, share portfolios, insurance policies and documents about inheritances or family loans. If a business is involved, more detailed records may be needed. If cryptocurrency is involved, wallet addresses, exchange records, transaction histories and tax records may be relevant. Disclosure is not limited to documents that help your case. Relevant documents should be disclosed even if they are inconvenient. What if assets are hidden Concerns about hidden assets should be handled carefully. The first step is to identify the gap: unexplained withdrawals, inconsistent income, missing bank accounts, unusual transfers, business cash, related-party loans, cryptocurrency, overseas assets, or assets held through another person. Options may include targeted requests for disclosure, subpoenas, notices to produce, valuation evidence, business records and questions about transactions. The right option depends on whether the matter is in court and what evidence already exists. Do not assume that suspicion alone is enough. A lawyer can help turn a concern into a focused request for documents or evidence. Cryptocurrency and digital assets Cryptocurrency is property for practical family law purposes if it has value. The difficulty is often tracing it. Digital assets can move quickly, be held across exchanges or wallets, and be difficult to value at a single date. Useful evidence may include exchange account records, wallet addresses, transaction IDs, bank transfers to exchanges, tax records, emails, device records and screenshots. Cryptocurrency should not be ignored just because it is technical. If there is a risk that digital assets are being moved or hidden, get advice promptly. Consequences of poor disclosure Failure to disclose can increase cost, delay settlement and damage credibility. In court proceedings, it may lead to procedural orders, costs consequences, adverse findings or further investigation. A settlement reached without proper disclosure may also be vulnerable. If a person later discovers that material assets were hidden, they may seek advice about whether the agreement or orders can be challenged. Practical steps now Start by building your own financial chronology. List known assets, debts, accounts, businesses, superannuation, inheritances, family loans and major transactions. Then identify missing documents. Keep disclosure organised. Name files clearly, save statements in date order and avoid sending incomplete batches without explanation. If you do not have a document, record why and what steps you have taken to obtain it. A short appointment with a family lawyer can help you decide which documents matter, how to request missing material and whether court tools are needed. The next step Disclosure is not paperwork for its own sake. It is the foundation for a settlement that can be properly assessed and documented. Frequently asked questions FAQs ### Frequently asked questions #### Do I have to disclose accounts in my sole name Yes, if they are relevant to the property settlement. Sole ownership does not usually make an asset irrelevant. #### What if my former partner refuses to provide documents You may be able to make targeted requests, seek court directions or use formal tools such as subpoenas if proceedings are on foot. Get advice before choosing the next step. #### Is cryptocurrency included in property settlement It can be. If it has value, it should be disclosed and considered. The practical issues are tracing, control and valuation. #### Can non-disclosure affect a final agreement Yes. Serious non-disclosure may create risk for the person who failed to disclose and may affect whether an agreement or order is later challenged. ## Understanding Genuine Steps Certificate | The Family Lawyer Source: https://thefamilylawyer.com.au/articles/genuine-steps-certificate/ Articles / Court & Legal Process All about the Genuine Steps Certificate Published 5 September 2021 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Court & Legal Process As of 1 September 2021, The Family Court of Australia and the Federal Circuit Court of Australia have merged to become the Federal Circuit and Family Court of Australia (FCFCOA). Read more about the family law changes. The merge has introduced several changes when initiating applications for parenting and financial matters. One of the changes is the requirement to file a Genuine Steps Certificate What is the Genuine Steps Certificate When you are initiating proceedings for parenting and financial matters, there are a number of forms and documents that need to be filled out. The is one form that is required to be filed by the Applicant and the Respondent. The Applicant must complete Parts A, B and D of the form. The Respondent must complete Parts A, C and D of the form. What is the purpose of the Genuine Steps Certificate A Genuine Steps Certificate is part of the reformed pre-action procedures that need to take place prior to parties initiating court proceedings. These pre-action procedures encourage parties to make a genuine effort to narrow their issues and resolve their dispute prior to initiating court proceedings. For instance, participating in negotiation or mediation if it is safe to do so, exchanging all financial information, formalising an agreement with respect to any resolved issues and providing written notice to the other party of your intention to start proceedings. Exemptions in pre-action procedures There are instances where parties can be exempted from complying with the pre-action procedures. For instance, where there have been incidents of family violence or risk of family violence, if the application is deemed to be urgent, or if the applicant would be unduly prejudiced by having to comply with the pre-action procedures. What happens if I don’t file the Genuine Steps Certificate If no exemption has been sought, the court may stay the application until the pre-action procedures have been complied with. If you need any assistance with filling out the new forms, our experienced family law lawyers can assist you with your separation, whatever stage it may be at. ## How an FVIO Affects Parenting Arrangements Source: https://thefamilylawyer.com.au/articles/how-does-my-fvio-affect-my-parenting-matter/ Articles / Family Violence & Safety How does a Family Violence Intervention Order affect parenting? Published 26 January 2022 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Family Violence & Safety A Family Violence Intervention Order can make parenting arrangements feel confusing. One court may be dealing with safety conditions, while another may be dealing with where children live and how they spend time with each parent. The quick answer is that an FVIO does not automatically stop parenting time, but it can strongly affect what arrangements are safe and lawful. Parenting orders must be made with the child’s best interests as the paramount consideration, and safety is central to that assessment. Two legal systems may be involved In Victoria, Family Violence Intervention Orders are made under the Family Violence Protection Act 2008 (Vic) in the Magistrates’ Court. Parenting orders are made under the Family Law Act 1975 (Cth) in the Federal Circuit and Family Court of Australia. The two systems are connected but not the same. An FVIO may include conditions about contact, communication, approaching the protected person, attending certain places or using other people to pass messages. Parenting orders deal with the child’s living arrangements, time, communication and parental responsibility. If both systems are involved, it is important that any parenting arrangement can be followed without breaching the FVIO. The child’s best interests and safety When making parenting orders, the Court must regard the child’s best interests as the paramount consideration: Family Law Act 1975 (Cth) s 60CA. The current s 60CC framework requires the Court to consider what arrangements would promote the safety of the child and each person who has care of the child. The Court must also consider any history of family violence, abuse or neglect and any family violence order that applies or has applied to the child or a member of the child’s family. That means an FVIO is not a side issue. It can be highly relevant evidence in a parenting matter, particularly where it relates to risk, communication, changeover, exposure to conflict or the child’s emotional safety. Our article on [the best interests of the child](https://thefamilylawyer.com.au/articles/the-best-interests-of-the-child-what-it-means-to-the-court/) explains the current parenting-law framework. Does an FVIO stop time with children Not always. Some FVIOs allow contact for the purpose of complying with parenting orders, attending family dispute resolution, communicating through lawyers, or arranging safe child-related matters. Other FVIOs are stricter. You must read the exact conditions. Do not assume that child-related communication is allowed. Do not rely on informal permission from the other party if the order says otherwise. If there are no parenting orders, the FVIO conditions may significantly limit what can occur. If parenting orders already exist, you may need advice about whether the orders and FVIO can operate together or whether a variation is needed. Family law conditions in an FVIO Some FVIOs include conditions that allow limited contact for family law purposes. For example, the order may permit communication through lawyers, attendance at mediation, or contact that is necessary to comply with a parenting order. Those conditions are not identical in every order. The exact wording matters. A condition that permits communication through a lawyer does not usually permit direct messages. A condition that permits compliance with parenting orders may not help if there are no parenting orders in place. If the order is unclear, get advice before acting. A mistaken belief about what the order allows may not prevent a breach allegation. Communication and changeover Many disputes arise because parents try to manage children through direct communication while an FVIO restricts contact. Safer arrangements may include lawyer-to-lawyer communication, a parenting app, written communication limited to child logistics, third-party changeover, school changeover, or supervised changeover. The right arrangement depends on the order, the risk issues and the child’s needs. A condition that seems practical in one family may be unsafe or unlawful in another. If there is any doubt, get advice before sending messages, attending a home, contacting a protected person through family members or turning up at school. Supervised time and staged arrangements Where there are serious allegations or proven family violence, the Court may consider supervised time, supported changeover, shorter visits, daytime time, no overnight time for a period, or a staged pathway that can be reviewed later. Supervision is not always permanent. In some cases it is used while risk is assessed, counselling occurs, reports are prepared or the child rebuilds confidence. In other cases, continuing supervision or no time may be necessary. The Court will look at evidence. That may include the FVIO, police material, child protection information, communications, witness evidence, family reports and evidence about the child’s response to contact. If you are the protected person If you are protected by an FVIO, do not feel pressured to ignore the order to make parenting logistics easier. Breaches can create safety risks and confusion. Keep communication clear and within the order. Record incidents. If the current arrangements are unsafe or unworkable, get advice about varying the FVIO, seeking parenting orders, or changing the method of changeover. In an emergency or immediate danger, call police on 000. If you are the respondent If you are the respondent to an FVIO, take the conditions seriously. A breach can be a criminal offence. Even well-intentioned contact about children may be a breach if the order does not permit it. If you want time with your children, focus on lawful steps. That may include legal advice, family dispute resolution where appropriate, communication through lawyers, applying to vary conditions, or seeking parenting orders that deal with safe time and changeover. Do not send repeated messages, use children to communicate, attend the protected person’s home, or ask friends and family to pass messages unless the order clearly permits that conduct. Getting the orders to work together Good advice looks at both documents together. The question is not just what parenting arrangement you want. It is whether the arrangement can operate safely, practically and lawfully. Sometimes parenting orders need detail about changeover, communication, supervision, information sharing, school events and urgent medical issues. Sometimes the FVIO needs a family-law exception or clearer conditions. Sometimes both need attention. Our [intervention orders service](https://thefamilylawyer.com.au/services/intervention-orders/) explains how we help clients understand conditions, risk and court pathways. Evidence that may be important In parenting proceedings involving family violence, evidence should be specific. Useful material may include the FVIO, police documents, photographs, medical records, messages, child protection material, school information and a clear chronology of incidents. The Court will also consider how the proposed orders manage risk. A safer proposal might include neutral changeover, limited written communication, supervision, no attendance at a home, or clear rules about school and medical information. The next step An FVIO can change the parenting pathway, but it does not remove the need for child-focused arrangements. The safest course is to get advice before communicating, withholding time, filing material or agreeing to conditions you do not understand. Frequently asked questions FAQs ### Frequently asked questions #### Can I contact my ex about the children if there is an FVIO Only if the order permits it. Read the conditions carefully and get advice if there is any doubt. #### Does an FVIO mean no parenting time Not automatically. The effect depends on the conditions, the risk evidence and what arrangement is in the child’s best interests. #### Can parenting orders override an FVIO The interaction can be complex. You need advice about the exact orders and conditions before acting. #### What if I accidentally breach an FVIO Get legal advice immediately. Do not keep communicating to explain yourself unless the order permits that contact. ## How Long Does Divorce Take in Australia? (2026 Guide) Source: https://thefamilylawyer.com.au/articles/how-long-does-divorce-take-in-australia-2026-guide/ Articles / Separation & Divorce How Long Does Divorce Take in Australia (2026 Guide) Published 6 May 2026 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Separation & Divorce When starting the divorce process, it is important to understand the legal timeframes, procedural steps, and common causes of delay. The exact timing will depend on your individual circumstances. However, in a straightforward case, a divorce in Australia commonly takes several months from filing to finalisation. If you are unsure about your eligibility or timing, speaking with an experienced divorce lawyer early can help clarify your position. Importantly, you cannot apply for divorce until you have been separated for at least 12 months. As a general guide, a simple divorce may take approximately 14 to 16 months from separation to finalisation, which includes the mandatory 12-month separation period, followed by the filing process, Court hearing, and the period before the divorce order takes effect. This article is general information only and does not constitute legal advice. For advice specific to your situation, speak with an experienced family lawyer. What Is the Minimum Time Required to Get a Divorce in Australia You must be separated for at least 12 months before filing for divorce. In practical terms, this is often referred to as 12 months and 1 day, as the application cannot be filed until the full 12-month period has passed. Australia has a no-fault divorce system. This means the Court does not consider who caused the relationship to end. The only ground for divorce is that the marriage has broken down irretrievably. This is established by showing: the parties have been separated for at least 12 months; and there is no reasonable likelihood of resuming married life If you are unsure whether your circumstances meet this threshold, a divorce lawyer can help assess your situation. Separation Under One Roof You do not need to physically move out to be separated. It is possible to be separated while living in the same home. However, if this applies, the Court will require additional evidence. This usually includes: Affidavit evidence from one or both parties; and Where appropriate, corroborating affidavit evidence from a third party The evidence must explain: When separation occurred How the relationship changed Changes to finances, living arrangements, and social presentation Because this can delay an application if not handled correctly, it is often worth obtaining advice from a family lawyer experienced in separation matters. The Divorce Process in Australia The usual process involves the following steps: Step 1 - Separation Period You should clearly record your separation date. If the date is later disputed, you may need to provide affidavit evidence to support it. Step 1 - Separation Period You should clearly record your separation date. If the date is later disputed, you may need to provide affidavit evidence to support it. Step 2 - Filing the Divorce Application After the 12-month separation period, you can file your application through the Federal Circuit and Family Court of Australia via the Commonwealth Courts Portal. You can apply: Joint application - both parties apply together (usually simpler as no service is required) Sole application - one party applies and must formally serve documents If you are unsure which option is appropriate, a divorce application lawyer can guide you. Service requirements (sole applications): At least 28 days before the hearing (if your spouse is in Australia) At least 42 days before the hearing (if overseas) You cannot serve the documents yourself. Service by post should only be used if your spouse is likely to sign and return the Acknowledgment of Service. Documents typically required: Marriage certificate Translation (if not in English) Citizenship/residency evidence (if relevant) Affidavit evidence (if applicable, e.g. separation under one roof, name discrepancies, or difficulty locating a spouse) Step 3 - Waiting for a Hearing Date After filing, the Court allocates a hearing date. The timeframe varies depending on: Court listing availability whether the application is complete service issues whether additional evidence is required Delays can occur if the application contains errors or is incomplete. A family law solicitor can help avoid these issues. Step 4 - The Divorce Hearing Many divorce applications are determined without attendance. Joint applications are usually decided without the parties attending if a party requests to attend if the application is opposed if the respondent requests attendance (particularly where children are involved) if substituted service or dispensation of service is required The Court is not deciding property, parenting, or financial disputes at this stage. However, it must be satisfied that: separation requirements are met jurisdiction is established service is valid proper arrangements exist for any children Step 5 - When the Divorce Becomes Final A divorce is not final on the day it is granted. In most cases, the divorce order takes effect one month and one day later. You should not remarry until the order has taken effect. Once finalised, the divorce order can usually be downloaded from the Commonwealth Courts Portal. Divorce Timeline Summary Separation period 12 months (mandatory) Filing preparation 1-2 weeks Court listing & hearing Varies Order to finalisation 1 month + 1 day Total (separation to final) ~14-16 months (typical) From filing to final Several months (varies) What Cannot Be Shortened The 12-month separation requirement cannot be waived. However, limited exceptions may apply where there has been a short reconciliation period. Does Property Settlement Affect Divorce Timing not necessarily. Divorce and property settlement are separate legal processes. You do not need to finalise property settlement before applying for divorce. However, divorce has a critical impact on time limits. Once the divorce order takes effect, you generally have 12 months to commence proceedings for: property settlement spousal maintenance If that deadline passes: you may need Court permission or the other party’s consent that permission is not automatic For this reason, it is important to speak with a property settlement lawyer before your divorce is finalised. Why Getting Legal Advice Early Matters Although divorce is designed to be accessible, legal advice can help avoid: delays caused by incorrect applications service issues evidentiary problems missed limitation periods Early advice from an experienced divorce lawyer in Melbourne can ensure the process runs smoothly. Ready to Take the Next Step A timely divorce process starts with clear advice, correct documentation, and a practical plan for any related financial or parenting issues. Book a consultation with an experienced divorce lawyer to understand your next steps. ## How Long Does A Property Settlement Take In Australia Source: https://thefamilylawyer.com.au/articles/how-long-does-property-settlement-take-in-australia/ Articles / Property & Financial How long does property settlement take in Australia Published 16 November 2022 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Property & Financial What is involved in a property settlement Unfortunately, there is no simple way to determine how property should be divided, and it depends on the relationship’s circumstances. Our experienced family lawyers are here to help to explain this process and assess your circumstances to help you understand your entitlements for a property settlement. In summary, the value of all the assets and liabilities is established, which forms part of the property pool. The values of assets and liabilities are the current value as at the date of negotiations or when an agreement is reached, not a historical or previous value. We establish the contributions of the parties, which can be financial (such as income), non-financial (such as renovations or works to a property), homemaker and caregiving duties, and other contributions (such as inheritances, gifts or payouts). We then look at both parties future needs, such as their earning capacity, age, health concerns, care of children and any available financial resources. Based on these considerations, we will determine if one party should obtain a more significant portion of the property pool and evaluate whether the outcome is fair and equitable. When the relationship between a couple has irretrievably broken down, and they separate, they should undergo property settlement. This is where the parties divide their assets and liabilities. The assets and liabilities can include the family home, cash, bank accounts, jewellery, vehicles, superannuation, businesses, debts (including credit cards, loans, mortgages, personal obligations), and inheritances. The assets and liabilities are generally referred to as ‘Property’. How long does this process take Every couple’s circumstances are entirely different, and the time this will take depends on the parties. Suppose the couple have decided how their property is to be divided. In that case, this can be formalised into a formal document such as a consent order or Binding Financial Agreement quickly, which would bring an end to property settlement. The Binding Financial Agreement is often the quickest and could be wrapped up within a month or so if no significant negotiations are needed. A consent order may take a couple of months as the paperwork is submitted to the court for their approval, and the court often takes approximately two months to make the agreement final. If an agreement cannot be reached between the parties and lawyers are involved in negotiations that lead to an agreement, we generally see that settlement can be achieved within 4-12 months. Suppose the parties cannot agree and have exhausted all the negotiation options. In that case, an application is made to the court to determine the property settlement between the parties. From the date of lodging the documents with the court, an outcome is usually achieved within 12 to 18 months. At The Family Lawyer, we help people understand the property settlement process, prepare for negotiations and document agreements correctly. If you need advice about your circumstances, contact our office to arrange an appointment with one of our property settlement lawyers. ## Tips On Urgent Family Violence Intervention Order Application Source: https://thefamilylawyer.com.au/articles/how-to-apply-for-an-urgent-family-violence-intervention-order/ Articles / Family Violence & Safety How to apply for an urgent family violence intervention order Published 4 April 2020 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Topic Family Violence & Safety Applying for an urgent Family Violence Intervention Order A family violence intervention order is a court order to protect a person, their children and their property from a family member’s behaviour. You should call 000 if: If you are not in immediate danger and the police have not made an FVIO application on your behalf, you can apply to the court for an intervention order. You can apply for a family violence intervention order (FVIO) online (FVIO) online or contact your nearest Magistrates’ Court and make an appointment to apply for a FVIO. When you make your appointment, you should tell them that you want to make an urgent application. Once an appointment is booked and if it’s safe to do so, fill in a family violence intervention order application form family violence intervention order application form. On the form, you will be asked to provide: Attend the Magistrates’ Court where you have made your booking. You should tell the register whether your application is urgent and you need an interim order. If you’ve completed the family violence intervention order application form, bring it to your appointment. You will be asked to read over the application and sign it to promise it is true and correct. If your application is approved, a registrar will give you a copy of the documents. The police will serve a copy of the application and if one was made, interim order on the person the intervention order relates to. You can contact the Magistrates’ Court where the application was made to see if it has been served. If an interim order is made, the police will inform you when they have served it. It is important to go to court for the FVIO hearing. You should plan to be at court all day. If the other party has been served and does not come to court, an order can be made in their absence. A magistrate may make a final or interim FVIO if they believe: If an FVIO is made, the magistrate will read the conditions of the order out in court. A registrar will give you a copy of the FVIO after the hearing. If you don’t agree with the magistrate’s decision, you can appeal to the County Court of Victoria. ## Inheritance, Gifts and Loans in Property Settlement Source: https://thefamilylawyer.com.au/articles/inheritances-and-impacts-on-property-settlement/ Articles / Property & Financial Inheritance, family gifts and loans in property settlement Published 5 February 2024 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Property & Financial Family money can become one of the hardest parts of property settlement. A parent may have helped with a home deposit, one person may have received an inheritance, or money may have been described casually as a loan without proper documents. The quick answer is that inheritances, family gifts and family loans can all matter in property settlement, but they are not treated automatically in one way. The outcome depends on timing, intention, documentation, how the money was used, the parties’ contributions and what is just and equitable in the circumstances. The property settlement framework Property settlement is decided under the Family Law Act 1975 (Cth), including s 79 for married couples and s 90SM for de facto couples. The practical framework is to identify and value the property pool, consider contributions, consider future needs and other relevant factors, and decide whether the proposed outcome is just and equitable. The property framework was amended from 10 June 2025. Property articles should be read with that current-law context in mind, including the way family violence and economic abuse may now be relevant to the assessment. Family money is usually considered within that broader framework. It is not decided by a simple label. How inheritances may be treated An inheritance received before, during or after a relationship may be relevant. Timing matters. An inheritance received early in a long relationship and used for family purposes may be treated differently from an inheritance received very late or after separation. The Court may consider who received the inheritance, when it was received, whether it was mixed with joint assets, whether it was preserved, and what the parties otherwise contributed. An inheritance is not automatically excluded from the asset pool. It is also not automatically divided equally. The question is how it should be weighed in the overall settlement. Gifts from family Family gifts often cause disputes because people remember the intention differently. One party may say the money was a gift to both parties. The other may say it was a contribution from their family and should be recognised in their favour. Evidence matters. Bank records, messages, loan agreements, emails, family discussions, tax records and the way the money was used can all help. If money was paid directly into a joint account or used to buy a jointly owned home, the practical treatment may be different from money held separately. A gift from one person’s family may still be recognised as a contribution made on that person’s side of the ledger, depending on the facts. Loans from parents or relatives Family loans are often challenged. If there is no written agreement, no repayment history, no interest, no demand for repayment and no evidence that anyone treated the amount as a real debt before separation, the other party may argue it was a gift. A genuine loan should be documented. Useful evidence may include a loan agreement, repayment schedule, bank transfers, interest terms, security documents, correspondence and actual repayments. If a parent says money must be repaid only after separation, the timing may be scrutinised. The issue is whether the liability is real and enforceable, and how it should affect the property pool. What evidence helps The most useful evidence is usually contemporaneous. That means documents created when the money changed hands, not after the dispute started. Collect bank statements, transfer descriptions, emails, text messages, loan documents, mortgage records, trust documents, estate documents and records showing how the money was spent. If a family member provided the money, they may need to provide evidence too. Do not create artificial documents after separation to make a gift look like a loan. That can damage credibility and increase cost. Practical steps before settlement List every inheritance, gift or loan that may matter. Record the date, amount, source, purpose, documents and current position. Work out whether the money still exists as an identifiable asset or whether it was spent on family living costs, debt reduction, renovations or business expenses. Then get advice about how it fits into the property settlement framework. A short appointment can help you understand whether the issue is likely to affect the asset pool, contributions, future needs or the final percentage division. The next step Family money should be handled carefully because the wrong description can change the settlement discussion. The earlier you collect the documents, the easier it is to explain the real position. Frequently asked questions FAQs ### Frequently asked questions #### Is my inheritance protected in divorce Not automatically. It may be treated differently depending on timing, use, preservation and the overall property settlement factors. #### Are family gifts included in the asset pool They may be relevant. A gift may be treated as a contribution connected to one party, but the outcome depends on the evidence and the full financial picture. #### How do I prove money from my parents was a loan Use documents created at the time: loan agreement, bank transfers, repayment records, interest terms and communications showing everyone understood it was a loan. #### What if the inheritance was received after separation It can still be relevant. The treatment depends on timing, needs, contributions and whether the proposed settlement is just and equitable. ## Is An Australian Will Valid Overseas? | The Family Lawyer Source: https://thefamilylawyer.com.au/articles/is-an-australian-will-valid-overseas/ Articles / Wills & Estate Planning Is an Australian Will valid overseas Published 20 July 2023 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Topic Wills & Estate Planning Will your Australian Will work overseas Having a valid Australian Will is crucial if you possess assets in Australia, ensuring these assets are distributed to your spouse and loved ones in line with your preferences. However, suppose you are requested by your employer to relocate, for instance, to Paris for work. Would it be necessary to draft a valid Will in France to handle any assets accumulated there, or would your Australian Will suffice The concept of domicile, i.e., the country where an individual has a permanent home or significant connection, is critical when interpreting a Will. The complexity of determining a person’s domicile will be addressed in a forthcoming newsletter. Convention on International Wills Traditionally, challenges arose when a Will was drafted in one country, but the assets were located in another. If, for example, you drafted your Will in Paris, intending to bequeath your Australian assets, the Australian courts might have deemed that Australian Will formalities were not met, even if French formalities were complied with. Consequently, your Australian assets may not have been distributed as per your wishes. This led to complications for many individuals with assets in multiple countries. Recognising this issue, The International Institute for the Unification of Private Law (‘UNIDROIT’) aimed to address the problem. UNIDROIT strives to modernise, harmonise, and coordinate private and commercial law among nations and groups of states, thereby formulating uniform law instruments, principles, and rules to meet these objectives. Accordingly, they formulated the Convention Providing a Uniform Law on the Form of an International Will 1973 (’the Convention’), a Uniform Law on international Wills. If a Will is compliant with the form specified in the Convention, it would be recognised by other nations that have adopted the Convention. The Convention was signed in Washington, D.C. on 26 October 1973. Implementation of Convention in Australia In Australia, the legislation pertaining to Wills in each state or territory stipulates that the Convention’s Annex is law within that jurisdiction, and the Annex is fully detailed in a schedule to that Act. Prerequisites of a Valid International Will Briefly, Article 1 of the Annex mentions that a Will’s form will be considered valid, regardless of where it is signed, the location of assets, or the nationality, domicile, or residence of the testator, provided it is prepared as an International Will in accordance with the provisions detailed in Articles 2 to 5. Some of the key requirements highlighted in Articles 2 to 10 include: Key Takeaways Only countries that have adopted the Convention will recognise an international Will. You can find a list of such countries here. Furthermore, issues such as the capacity of the testator or witnesses, revocation of the Will, destruction of the Will, or modification of the Will, which are not covered by the Convention, should be carefully considered. Due to differing legal systems globally and cultural variances, careful consideration is required when estate planning involves assets accumulated in multiple countries. It is advised to seek legal and financial advice before drafting an International Will, to ensure it aligns with your unique needs and circumstances. Preparing a Will in the country where your assets are situated is recommended to ensure that these assets are handled as per the law, customs, and systems of that country. Depending on the situation, multiple Wills, each dealing with assets in a specific country, might be appropriate. Seek Assistance from Our Family Will & Estate Lawyers Seeking legal advice for will preparation? Our family will and estate lawyers can help. Please contact our office on 1300 111 835 or by email The Family Lawyer. ## Can I Move Interstate With My Child After Separation | TFL Source: https://thefamilylawyer.com.au/articles/moving-interstate-with-your-child/ Articles / Parenting & Children Moving interstate with your child after separation Published 11 September 2026 Author The Family Lawyer Topic Parenting & Children Being the parent your child mainly lives with does not give you blanket permission to move interstate with them. The answer depends on existing orders, decision-making responsibilities, safety and the effect on your child’s relationship with the other parent and important people in their life. If a proposed move would substantially change parenting arrangements, obtain advice before changing the child’s residence. Where it is safe to do so, discuss a detailed proposal and try to reach an agreement. If agreement is not possible, the Court can decide the parenting arrangements, including whether the child may relocate. A move made first can lead to an order requiring the child’s return while the dispute is decided. The [Court’s relocation guidance](https://www.fcfcoa.gov.au/fl/children/relocation-travel) explains this risk. If there is immediate danger, call 000. Where family violence or a threat to safety is involved, get urgent legal and safety advice; direct negotiation may be unsafe or inappropriate. A holiday relocation and overseas travel are different Proposed travelMain issue to check Interstate holidayDates, return arrangements, any travel conditions and whether the trip interferes with existing parenting orders Permanent interstate moveThe child’s residence, schooling, long-term care and practical ability to spend time with the other parent Overseas travel or relocationAdditional rules about departure from Australia, consent, passports and overseas retention A short trip can still breach an order if it prevents the other parent’s time or conflicts with a condition. Conversely, crossing a state border is not the only move that can raise relocation issues: moving within Victoria may substantially affect the child’s arrangements. The practical effect matters, as well as the destination. This article concerns changes of residence. Overseas travel involves separate legal requirements and should be addressed with specific advice. The Family Law Watchlist concerns departure from Australia; it is not a general mechanism for preventing domestic interstate travel. Read the orders before making plans Find the sealed copy of every current parenting order, including later variations and any interim orders. Check what they say about where your child lives, time with the other parent, travel, school attendance and decision-making. Also identify relevant intervention orders and any existing parenting plan. Do not assume that an order about decision-making gives permission to disregard an order about time. An order allocating one parent responsibility for an issue must be read alongside the rest of the arrangements. Older orders also remain important: changes to the parenting legislation did not simply erase existing orders. Under section 61CA of the [Family Law Act](https://www.legislation.gov.au/C2004A00275/latest/text), parents are encouraged to consult about major long-term issues when safe and subject to court orders. That encouragement differs from an order providing for joint decision-making. Section 61DAA requires consultation and a genuine effort to reach a joint decision about an issue covered by such an order. A change to living arrangements that makes it significantly harder for a child to spend time with a parent is a major long-term issue. If there are no orders, there is still a potential parenting dispute. The absence of a written restriction is not a reliable basis for assuming the Court will accept a unilateral move. Prepare a proposal built around your child Explain why you propose moving and what life would look like for your child. A general statement that the new city offers a better lifestyle gives the other parent little to assess. Provide practical details where available, while obtaining advice about protecting confidential information if safety is a concern. Your proposal should address: Housing and the proposed starting date, including any temporary arrangements. School or childcare options and support for a change in learning environment. Each parent’s work arrangements and who would care for the child day to day. Family, community and cultural connections in both places. Time with the other parent during school terms and holidays. Travel frequency, journey length, supervision and who would pay. Telephone or video contact, allowing for the child’s age and routine. Health care, therapies and other support the child needs. Check the proposal against an actual calendar and realistic travel arrangements. A child may struggle with frequent long journeys even when the tickets are affordable. Consider how cancellations, illness and school events would be handled. Video calls may help maintain contact, but they do not answer every concern about losing ordinary time together. If you oppose a move, identify the parts of the proposal that would affect your child and explain workable alternatives. Evidence about the child’s routine and needs is more useful than simply objecting to the other parent’s reasons. Reaching and formalising an agreement Family dispute resolution may help parents work through the proposal. Suitability and safety must be considered first. In most cases a person applying for parenting orders needs a section 60I certificate, unless an exception applies. Exceptions can include urgency or circumstances involving family violence or child abuse. The [Court explains family dispute resolution and exceptions](https://www.fcfcoa.gov.au/fl/family-dispute-resolution). When you reach agreement, document the details rather than relying on a brief message saying the move is acceptable. A parenting plan records an agreement but is not itself enforceable as a court order. Consent orders can provide enforceable arrangements if the Court makes them. Obtain advice about how a new agreement interacts with existing orders and whether variation is needed before the move. Avoid signing a lease, enrolling a child or booking non-refundable travel on the assumption that agreement will follow. If a genuine deadline is approaching, tell your lawyer early. A job offer or housing opportunity does not determine the parenting outcome by itself. What the Court considers if you cannot agree The child’s best interests are the paramount consideration. The current statutory factors include safety, the child’s views, developmental and other needs, the capacity of proposed carers and the benefit of safe relationships with parents and other significant people. Aboriginal and Torres Strait Islander children have additional considerations concerning connection with culture. These matters require individual evidence, rather than a points-based checklist. In a relocation dispute, practical questions may include the effect of changing schools, separation from siblings or other important people, the support available to the child and each parent, and whether the proposed time arrangements are workable. The reasons for moving and the alternatives are considered in the context of the child’s circumstances. There is no automatic result because one parent has been the main carer or because the other parent objects. Children should not be asked to choose between parents or coached about what to say. If the child’s views are relevant, obtain advice about how they can appropriately be put before the Court. If departure is imminent or the child has already moved Seek urgent family law advice and provide the proposed departure date, destination, current orders and the evidence of the intended move. Depending on the circumstances, an application may seek urgent interim parenting orders preventing a relocation, requiring a return or addressing where the child lives while proceedings continue. If a child is missing or has not been returned, a recovery order or a location-related order may be relevant. Eligibility and the orders needed depend on the circumstances; a recovery order is not an automatic response to every disagreement about travel. The [Court’s recovery order guidance](https://www.fcfcoa.gov.au/fl/children/recovery-orders) explains the available process. If you have already moved, get advice promptly about the existing orders and response required. Do not assume the move has settled the issue. If you stayed behind, do not attempt to resolve the dispute by taking the child yourself. Preserve messages and other relevant records, and explain any immediate safety concern to your lawyer or emergency services. Arrange an appointment If you are planning an interstate move or responding to one, . If departure is imminent, call the office and explain the date and urgency. Bring your current orders and the proposed arrangements so advice can focus on the next decision affecting your child. ## Legal Name Change Services & Advice | Melbourne Family Lawyers Source: https://thefamilylawyer.com.au/articles/name-change/ Articles / Parenting & Children Navigating Name Change Applications for Children in Victoria Published 26 November 2024 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Parenting & Children Changing a child’s name is a significant decision, one that can evoke strong emotions and involve complex legal processes, particularly when parents disagree. In Victoria, the process of changing a child’s name is governed by specific laws and principles, with the child’s best interests as the guiding factor. This article provides a comprehensive overview of the legal framework, factors courts consider, and practical advice for parents contemplating a name change for their child. Legal Framework for Name Changes Under the, parents may apply to change a child’s name if: Section 26 of the Act highlights that the child’s best interests are the primary consideration when assessing applications for a name change. While the process is relatively straightforward when both parents agree, disputes over name changes often escalate to court, where a judicial decision is required. When Court Approval is Required Court approval is necessary if: Disagreements often arise in the context of separation, where one parent seeks to change the child’s name to reflect their surname or new family dynamics. The Federal Circuit and Family Court of Australia (FCFCOA) typically handles these disputes as part of broader family law proceedings. However, for name change-specific applications, parents may apply directly to the County Court of Victoria. Key Factors Courts Consider The paramount consideration in name change cases is the child’s best interests, as defined by the., and provides some guidance on what the Courts Consider. These factors include but are not limited to: Process for Applying for a Name Change The process for changing a child’s name depends on whether both parents agree or if court intervention is required. When both parents agree, the process is straightforward. A joint application is submitted to the Registry of Births, Deaths, and Marriages. The registry processes the application and updates the child’s name upon approval. If one parent does not consent, the other parent must seek court approval to change the child’s name. In the County Court, the parent applying for the name change must submit: In the Federal Circuit and Family Court of Australia, the following documents must be submitted: Court Orders If the court approves the application, it may order the Registrar of Births, Deaths, and Marriages to update the child’s name. Differences Between Courts County Court of Victoria : Ideal for straightforward name change applications not tied to broader parenting disputes. FCFCOA : Handles complex cases, especially where name changes are part of broader parenting disputes. Practical Tips for Parents Communicate Openly: Try to reach an agreement with the other parent before escalating the matter to court. Focus on the Child: Frame all decisions around what is best for the child, not personal grievances. Document Evidence: Keep records of any issues caused by the current name, such as confusion at school or emotional distress. Engage a Mediator: Consider mediation as a first step to resolving disputes. Why Seek Legal Advice Navigating name change applications requires a deep understanding of family law principles and the child’s unique circumstances. Legal advice can help parents understand their rights and obligations, prepare compelling evidence for their application, and navigate potential objections from the other parent. ## Pets in Family Law Proceedings | Melbourne Family Lawyers Source: https://thefamilylawyer.com.au/articles/pets-in-family-law/ Articles / Property & Financial Pets in Family Law Proceedings Published 20 August 2025 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Property & Financial When a relationship ends, deciding who keeps a much-loved pet can feel anything but minor. For many families, the dog, cat or other animal has been part of daily life, the children’s routine and the emotional stability of the household. The quick answer is that Australian family law now treats many household pets as “companion animals” in property settlement proceedings. A Court can decide who owns the animal after separation, but it generally cannot make a shared-care or “pet custody” order. The practical question becomes: who should the animal live with, and what evidence supports that outcome? How the law now treats pets after separation Historically, pets were treated as personal property. That meant a dispute about a pet was often dealt with in the same general way as a dispute about furniture, a car or another asset, even though the emotional reality was very different. That position changed with the property reforms that commenced on 10 June 2025. The Family Law Act 1975 (Cth) s 79 now gives the Court a specific framework for companion animals in property settlement proceedings for married couples, with related de facto provisions in s 90SM. The change does not mean pets are treated the same as children. Parenting orders are about children. A companion animal order is still part of the property jurisdiction. The difference is that the Court now has a more tailored set of considerations for deciding what should happen to the animal. If a pet is one part of a broader financial separation, early advice can help you work out whether the issue should be handled by negotiation, consent orders or a Court application as part of your [property settlement](https://thefamilylawyer.com.au/services/property-settlement/). For the wider property pathway, see our guide to [property settlement after separation](https://thefamilylawyer.com.au/articles/propertysettlement/). What orders can the Court make about a companion animal For a companion animal, the Court may make an order that: one party has ownership of the animal; ownership is transferred to another person who consents to taking the animal; or the animal is sold. In most family situations, the real contest is between the first two options. Sale is possible, but it will rarely be the practical or humane outcome for an ordinary family pet unless the circumstances make it necessary. The important limit is that the Court must not make an order for shared ownership of a companion animal. Parties can agree privately on practical arrangements if they choose, but the family law property order itself is not a rotating custody arrangement. This is the key difference between a pet dispute and a parenting dispute, even where the animal is emotionally important to the family. What counts as a companion animal A companion animal is an animal kept primarily for companionship. That will usually include ordinary household pets such as dogs and cats. The companion-animal framework does not apply to every animal connected with a separating couple. The law excludes: an assistance animal, such as an animal recognised for disability support; an animal kept as part of a business; an animal kept for agricultural purposes; and an animal kept for use in laboratory tests or experiments. Those exclusions matter. A working farm animal, a business asset or an assistance animal may still be relevant in a family law matter, but it is not treated in the same way as a household pet kept for companionship. What the Court will look at The Court can consider a range of practical and safety-related matters when deciding who should own a companion animal after separation. Those considerations include: the circumstances in which the animal was acquired; who has owned, possessed, cared for and paid for the animal; any family violence between the parties; any cruelty or threats towards the animal; the attachment of a party, child or other person to the animal; each party’s ability to care for the animal in the future; and any other fact or circumstance the Court considers relevant. This is why evidence matters. Registration documents, microchip records, adoption papers, vet invoices, insurance payments, food and grooming costs, photographs, messages and evidence of day-to-day care can all help explain the practical reality. The Court is not simply asking who loves the pet more. It is asking what order is legally available, what has happened during the relationship and after separation, and what outcome is appropriate on the evidence. Family violence, threats and animal cruelty The reforms recognise that pets can be used in the context of family violence. A person may threaten to harm, keep, hide or give away an animal as a way of controlling the other person. Some people delay leaving an unsafe relationship because they fear what will happen to a pet. We discuss the broader financial impact of abuse in our article on [family violence and property settlement](https://thefamilylawyer.com.au/articles/family-violence-on-family-law-property-settlement/). If there has been family violence, threats towards the animal or cruelty to the animal, that should be raised carefully and supported with evidence where possible. Relevant evidence may include messages, photos, vet records, intervention order material, police event numbers or witness accounts. Safety comes first. If there is an immediate risk to you, a child or an animal, urgent advice should be obtained. In an emergency, contact police on 000. What if the pet was bought for the children Pets are often described as belonging to the children, even where the legal ownership records sit in a parent’s name. The child’s attachment to the animal can be relevant, but it does not turn the dispute into a parenting case. In practical terms, the Court may look at who the children live with, who has been caring for the animal, and whether keeping the animal with a particular household supports stability. If an older child or another person is proposed to become the owner, that person must consent before the Court can transfer ownership to them. The best approach is usually to avoid putting children in the middle of the dispute. Evidence about their routine and attachment can be relevant. Asking a child to choose between parents is not helpful. Alternatives to Court Many pet disputes should be resolved without a contested Court hearing. Court can be expensive, slow and stressful, and a pet issue will often sit inside a wider property settlement. Practical alternatives include: a written agreement about who keeps the pet and who pays any transfer or veterinary costs; lawyer-assisted negotiation as part of the broader property settlement; mediation, where it is safe and appropriate; consent orders, if the agreement forms part of a property settlement that should be legally formalised; and practical handover terms, such as transfer of microchip registration, council registration, insurance and vet records. These options work best when the agreement is specific. It should identify the animal clearly and deal with the practical records that need to be transferred, not just say that one person “gets the dog”. Practical steps if you are separating and worried about a pet If the pet may become disputed, do not rely on verbal assumptions. Take practical steps early. Useful steps include: collect registration, microchip, adoption, purchase and veterinary records; keep proof of who has paid major pet expenses; document who has provided day-to-day care; preserve messages about ownership, threats, care arrangements or costs; avoid moving, selling or giving away the animal without advice if ownership is disputed; consider whether the pet issue is part of property settlement, a safety issue, or both; and get advice before signing an informal agreement that may affect the wider settlement. The goal is to reduce conflict and protect the animal while keeping the legal issue in proportion. A calm, evidence-based approach is more likely to produce a practical outcome than an argument about labels such as “custody”. The next step The law now gives separating couples a clearer way to deal with pets, but it still requires one legally recognised owner. If your pet is part of a broader separation, the question is not just emotional. It is also practical, evidentiary and connected to the property settlement. Frequently asked questions FAQs ### Frequently asked questions #### Can we have shared custody of our dog The Court cannot make a shared-ownership order for a companion animal under the family law property provisions. Parties may agree privately on practical arrangements if they both want that, but a Court order will usually identify one owner. If agreement is fragile, get advice before relying on an informal arrangement. #### Is a pet treated like a child in family law No. Parenting orders are about children, not animals. Pets are dealt with in the property settlement jurisdiction, although the law now has specific companion-animal factors that reflect the animal’s role in family life. That means attachment matters, but the legal pathway is still different from parenting orders. #### What evidence helps decide who keeps the pet Helpful evidence can include microchip and registration records, adoption or purchase records, vet bills, insurance, food and grooming costs, messages about the pet and evidence of daily care. The strongest evidence usually shows the practical pattern over time, not just whose name appears on one document. #### What if my ex has threatened to hurt the pet Threats or cruelty towards an animal can be relevant, especially where family violence is alleged. Keep any messages, photos, vet records or police details if it is safe to do so. If there is immediate danger to you, a child or the animal, contact police on 000. #### Does the person who paid for the pet automatically keep it Not automatically. Payment is relevant, but the Court can also consider who cared for the animal, the circumstances of acquisition, family violence, attachment and each person’s ability to care for the animal. A person who paid the purchase price may still face a contest if the care history points elsewhere. ## Preparing for FDR and Mediation in Family Law Source: https://thefamilylawyer.com.au/articles/preparing-for-family-dispute-resolution-fdr/ Articles / Agreements & Mediation Preparing for family dispute resolution and mediation Published 15 April 2024 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Agreements & Mediation Mediation or family dispute resolution can feel confronting because it asks you to make decisions while the separation is still raw. Good preparation makes the process more useful and less reactive. The quick answer is that you should prepare by understanding the legal issues, collecting the right documents, identifying your goals, knowing your fallback position and thinking about what would make an agreement safe and workable. The purpose is not to win an argument. It is to see whether a practical agreement can be reached without a contested court process. FDR, mediation and round table conferences Family dispute resolution, often called FDR, is usually used for parenting disputes. A family dispute resolution practitioner helps parties discuss arrangements for children. In many parenting matters, a certificate under Family Law Act 1975 (Cth) s 60I is required before a person can apply to the Court, unless an exception applies. Mediation is a broader term. It may be used for parenting, property, financial or mixed disputes. A round table conference is usually a lawyer-assisted negotiation meeting. It may involve the parties, their lawyers and sometimes a mediator. The format matters less than the preparation. You need to know the issues, the evidence, your priorities and the practical terms that would turn a broad idea into a working agreement. When dispute resolution may not be suitable Dispute resolution is not safe or appropriate in every matter. Family violence, intimidation, threats, coercive control, serious mental health issues, urgency, non-disclosure, drug or alcohol concerns, or a child being withheld may mean a different process is needed. That does not always mean court is the only option. It means you should get advice before agreeing to a process. Safety planning, shuttle mediation, lawyer-assisted negotiation or urgent court steps may be more appropriate. What to prepare before the session For parenting matters, prepare the current care routine, school and childcare details, medical needs, communication issues, holiday proposals, travel issues and any safety concerns. Think about the child’s needs at different times of the week, not only what each adult wants. For property matters, prepare a list of assets, debts, superannuation, income, expenses, documents and any disputed values. The discussion will be more productive if both sides have enough disclosure to negotiate from an informed position. For both parenting and property matters, write down your best outcome, acceptable outcome and non-negotiable concerns. A good settlement plan includes flexibility on less important issues and clarity on the matters that truly affect safety, fairness or workability. What happens during mediation The mediator or practitioner will usually explain the process, confidentiality and ground rules. Each party may have an opportunity to outline the issues. The discussion may then move between joint sessions and private sessions. In lawyer-assisted mediations, your lawyer can help test proposals, draft terms and reality-check whether the agreement is legally and practically workable. In some settings, the mediator cannot provide legal advice, so it is important to understand your legal position before the session. If agreement is reached, the next step is usually to document it. Parenting agreements may become parenting plans or consent orders. Property agreements usually need properly drafted consent orders or a binding financial agreement to be legally effective. How to get the most out of the day Be prepared, but not fixed. Mediation works best when you know what matters and can still consider different ways to achieve it. Do not spend the session proving every historic complaint. Focus on what needs to happen next, what evidence supports your position and what terms would reduce future conflict. If a proposal is not acceptable, explain the practical problem and suggest an alternative. Take notes. Ask for breaks if needed. Do not sign anything you do not understand. If the agreement affects property, parenting, child support or long-term financial rights, get advice before treating it as final. After agreement or no agreement If agreement is reached, it should be converted into the right legal document. Informal agreement can be useful, but it may not be enforceable. If agreement is not reached, the session can still help. It may narrow the issues, identify missing disclosure, clarify risk or show whether court proceedings are necessary. For parenting matters, a s 60I certificate may be issued depending on the circumstances. A short appointment with a family lawyer before mediation can help you prepare your documents, test your proposal and understand what should be recorded if agreement is reached. The next step Dispute resolution is most effective when you arrive with a plan, not just a grievance. The aim is to leave with either an agreement or a clearer path to the next formal step. Frequently asked questions FAQs ### Frequently asked questions #### Is FDR compulsory before parenting court proceedings Often, yes. Section 60I usually requires a certificate before parenting proceedings, unless an exception applies. Urgency, family violence and risk issues may change the position. #### Should I bring documents to mediation Yes. Bring the documents needed to discuss the real issues. For property matters this usually includes financial disclosure. For parenting matters it may include calendars, school information and relevant messages. #### Can a mediation agreement become court orders Yes. If the terms are appropriate, agreement can often be formalised by consent orders. That step is important if the agreement needs to be legally enforceable. #### What if the other person will not compromise The session may still narrow the issues and clarify what evidence is needed. If settlement is not possible, legal advice can help you decide whether to negotiate further or take court steps. ## Property and Business Valuations After Separation | TFL Source: https://thefamilylawyer.com.au/articles/property-business-valuations-after-separation/ Articles / Property & Financial Property and business valuations after separation Published 11 September 2026 Author The Family Lawyer Topic Property & Financial You do not need a formal valuation for every asset after separation. If you and your former partner can agree on a value using reliable information, that may avoid unnecessary expense. Where an important value is disputed, an independent valuation can give negotiations a sounder starting point. Agreeing the asset, valuation date and instructions is often as important as choosing the valuer. A valuation answers what an asset or interest is worth on stated assumptions. It does not decide who owns it, whether it is available for division or what share each person should receive. Debts, tax and the wider property settlement still need separate attention. A financial resource is also different from property you presently own. For example, access to financial support may be relevant to a settlement without being an asset that can simply be transferred between the parties. Your lawyer should identify the legal issue before anyone attaches a value to it. Start by identifying what needs to be valued For a house, the issue may be its current market value. For a company, it may be the value of one person’s shares rather than every asset appearing in the company accounts. For a professional practice, the expert may need to consider how dependent earnings are on the individual working in it. Those are different questions and may need different expertise. A trust also needs careful legal analysis. Being named as a beneficiary does not, by itself, establish a fixed share of the trust’s assets. The trust documents, control and relevant rights must be considered before deciding what interest should be valued. A valuer should not be asked to resolve a disputed legal ownership question without suitable instructions. Vehicles and ordinary household items may be capable of agreement using market evidence. Superannuation has its own information and valuation requirements; an account balance will not necessarily be an adequate valuation for every type of interest. Identify where expert work is likely to make a material difference before commissioning several reports. Appraisal valuation and expert evidence InformationWhat it can help withIts limitation Agent’s market appraisalAn initial discussion about a property’s likely selling rangeIt may be prepared for marketing and may not contain the reasoning or formal requirements needed for court evidence Independent valuationAn opinion about a specified asset or interest at a stated dateIts reliability depends on the expert’s competence, records, instructions and assumptions Expert report for courtEvidence addressing the identified dispute under the applicable expert rulesIt must meet procedural duties and can be questioned; the Court decides what weight to give it These categories can overlap. An independent valuer may prepare a report suitable for court, but a short opinion obtained for another purpose does not automatically become compliant expert evidence. Tell the proposed valuer what the report will be used for before accepting the engagement. Who chooses the valuer and who pays You can propose a suitably qualified independent expert and ask the other party to agree on the appointment and instructions. Relevant experience matters: a suburban house, a minority shareholding and a professional practice may require different expertise. Ask about conflicts, the scope of work, fees and the information needed to begin. In court proceedings, Part 7.1 of the [Family Law Rules](https://www.legislation.gov.au/F2021L01197/latest/text) governs expert evidence. It supports the use of a single expert on an issue and controls additional expert evidence. A single expert’s duty is to the Court, rather than to the party who prefers a particular result. A jointly appointed expert is not mandatory in every private negotiation, but separate competing reports can increase expense. Agree how the initial invoice will be paid before instructing the expert. Parties may agree to share it, one may advance it or a court order may determine payment. Who initially pays does not necessarily settle how that cost will ultimately be treated. Ask whether inspection, clarification questions, updated work and attendance at court attract further fees. What information the valuer may need For real estate, gather the address, title details, relevant leases, plans and information about the property’s condition. Disclose matters that could affect the value, such as access problems or restrictions. A report based on an assumed inspection or incomplete property information may need qualification. For a business, the requested material may include: Financial statements, tax returns and current management accounts. Company and trust records showing the ownership and structure. Loan accounts, debts and related party transactions. Information about wages paid to owners and unusual expenses or income. Major contracts, leases and information about changes in trading. Do not treat that list as permission to withhold other relevant records. Since 10 June 2025, the Family Law Act expressly includes financial disclosure duties in the relevant property proceedings and their preparation. The [Australian Government explains the property law changes](https://www.ag.gov.au/families-and-marriage/publications/family-law-property-changes-10-june-2025-fact-sheet-separating-couples). Accurate valuation work depends on accurate disclosure. Why the date debts and tax matter A value is tied to a date. A house appraisal obtained soon after separation may be out of date by the time settlement is being negotiated. Trading changes can also affect a business. Ask whether the report remains suitable for the decision being made and whether a targeted update would be enough. Keep the gross value of an asset separate from debt secured against it. A house worth a stated amount is not the same as that amount being available for division when there is a mortgage. Check the date of the loan balance as well as the valuation date. For a company, establish whether a reported figure already allows for particular liabilities or includes assets also listed elsewhere. Otherwise, debt can be deducted twice or the same asset counted twice. The expert’s report and the settlement balance sheet need to use consistent assumptions. Tax and sale costs also require advice. A proposed transfer, a sale and retaining an asset can have different consequences. Do not simply subtract an assumed tax amount from every asset or assume that a family law transfer has no tax consequences. Ask your lawyer and tax adviser which liabilities are relevant to the proposed transaction. What to do if you disagree with the report Start with the reason for the disagreement. Has the valuer used the wrong floor area, missed a debt, relied on old accounts or misunderstood the interest being valued? A specific question supported by a document is more useful than saying the number feels too high. Your lawyer can identify the applicable process for clarification, questions or further evidence. Court proceedings have rules and deadlines; you cannot assume that commissioning another report will allow it to be used. A material change after the valuation date may call for updated work rather than a dispute about whether the original report was wrong. An agreed expert’s report can help resolve a dispute without automatically binding everyone to the figure. Read what was agreed about the expert’s role and obtain advice before accepting a settlement based on it. A fictional example of a valuation disagreement Alex and Sam are negotiating a settlement involving a small business. Alex relies on an old set of accounts. Sam points to more recent trading and says the business is worth more. They agree to obtain an independent valuation of the relevant shareholding, using current records and written instructions. The report identifies an amount owed by the company to Alex separately from the shares. Their advisers check that the loan and the shares are treated consistently in the settlement figures. The valuation helps them understand the assets being discussed; it does not determine either person’s percentage entitlement. This example is fictional and illustrates a process, not a likely outcome. Arrange an appointment If a disputed house, business or other asset value is holding up your settlement, . Bring the available appraisals or reports, current financial records and any proposed expert instructions so the next step can be considered in context. ## Do I Automatically Get Half in Property Settlement? Source: https://thefamilylawyer.com.au/articles/propertysettlement/ Articles / Property & Financial Do I automatically get half in a property settlement? Published 27 October 2019 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Topic Property & Financial One of the first questions after separation is whether everything is split equally. The fear behind the question is usually simple: will I be treated fairly, and what happens to the home, savings, debts and superannuation? The quick answer is no, you do not automatically get half in a property settlement. Some settlements are close to 50/50, but the law requires a structured assessment of the property pool, contributions, future needs and whether the final outcome is just and equitable. The property settlement framework Property settlement for married couples is dealt with under Family Law Act 1975 (Cth) s 79. For de facto couples, the equivalent power is in s 90SM. The Court must decide whether it is just and equitable to make an order and, if so, what order should be made. In practical terms, the process usually involves identifying and valuing the property pool, considering contributions, considering future needs and other relevant factors, and checking whether the proposed outcome is just and equitable. The property law amendments that commenced on 10 June 2025 mean property articles should now be read with current-law care, including the codified relevance of economic and family violence factors in appropriate cases. Step one: identify the property pool The property pool includes assets, liabilities and financial resources. It may include the family home, investment properties, bank accounts, shares, vehicles, businesses, trusts, loans, credit cards, tax debts and superannuation. The pool is not limited to property in joint names. Assets in one person’s name, business structures, overseas property and digital assets may still be relevant. Full and frank financial disclosure is essential. Without disclosure, the parties cannot reliably value the pool or negotiate a settlement. Step two: value the assets and debts Values matter. A house, business, vehicle or share portfolio may need an agreed value or expert valuation. Superannuation may need a specific valuation process. Debts need to be checked, including whether they are real, current and connected to the parties. Timing can also matter. People often ask what date is used to determine the asset pool. The answer depends on the context, but property settlement usually needs current evidence of assets and liabilities, with attention to changes after separation and why they occurred. If one person has sold property, taken on debt, spent savings or moved money after separation, the reason and evidence may become important. Step three: assess contributions Contributions are not only financial. They may include wages, mortgage payments, inheritances, gifts, business work, renovations, homemaking, parenting and non-financial contributions to property or family welfare. The law does not assume paid work is worth more than caring work. In many relationships, one person’s income and the other person’s care of children or home are connected contributions to the family’s financial position. Inheritances, family loans and gifts need specific analysis. Their treatment depends on timing, intention, documents and how the money was used. Step four: future needs and fairness The Court may consider future needs and other factors. These may include age, health, income, care of children, earning capacity, financial resources, commitments and the practical impact of the proposed settlement. Family violence or economic abuse may also be relevant in appropriate cases under the current property framework. This needs careful legal advice because the facts and evidence matter. The final step is to stand back and ask whether the outcome is just and equitable. That is why a simple equal split may be inappropriate in one case and fair in another. Specific assets and unusual disputes Some property disputes focus on one asset: jewellery, a car, a family loan, cryptocurrency, an overseas property, a pet or a business interest. The legal question is still usually how that issue fits into the whole financial settlement. Jewellery and personal items may have emotional value, replacement value and sometimes financial value. If an item is valuable, disputed or no longer in one party’s possession, evidence such as purchase records, valuations, insurance documents, photographs and messages can matter. Pets are now dealt with under a specific companion-animal framework in family law property proceedings. If a pet is disputed, see our article on [pets in family law proceedings](https://thefamilylawyer.com.au/articles/pets-in-family-law/). Overseas assets can also form part of the property pool. They may require extra disclosure, valuation and enforcement planning. For that issue, see our article on [overseas assets in Australian property settlements](https://thefamilylawyer.com.au/articles/are-overseas-assets-included-in-australian-property-settlements/). Practical steps before negotiating Collect disclosure before making final decisions. Prepare a balance sheet. Identify missing documents. Obtain valuations where needed. Be cautious about informal promises, side agreements or pressure to sign before the financial picture is clear. A short appointment with a family lawyer can help you understand the likely range of outcomes and what evidence may improve or weaken your position. The next step Property settlement is not a guess and it is not automatically half. It is a structured assessment that should be based on evidence, current values and a practical plan for finalising the agreement. Frequently asked questions FAQs ### Frequently asked questions #### Is property settlement always 50/50 No. A 50/50 outcome may be appropriate in some cases, but it is not automatic. Contributions, future needs and the overall justice of the result must be considered. #### Are assets in my sole name included They may be. Sole name ownership does not automatically exclude an asset from consideration in a family law property settlement. #### What date is used to value the asset pool Current values are often important, but the treatment of post-separation changes depends on the facts. Get advice if assets, debts or values changed significantly after separation. #### Is superannuation included Yes. Superannuation is usually considered in property settlement and may be split by agreement or order. ## Defending Against Will Contestations - The Family Lawyer Source: https://thefamilylawyer.com.au/articles/protecting-the-family-will-defending-against-will-contestations/ Articles / Wills & Estate Planning Protecting The Family Will: Defending Against Will Contestations Published 20 October 2023 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Topic Wills & Estate Planning Defending Against Will Contestations It’s a topic many don’t relish discussing, yet it remains an essential part of safeguarding the wishes of a departed loved one. How do you ensure that the final wishes laid out in a family will are upheld, especially if contested For those seeking guidance, engaging a family lawyer for will matters is the first step. In this comprehensive guide, we delve deep into defending a contested family will, ensuring that your loved one’s wishes are honoured. Understanding Will Contestations Before delving into the defence strategies, it’s paramount to understand what contestations are. Simply put, a will contestation arises when someone believes the will doesn’t reflect the true wishes of the deceased, either due to undue influence, lack of capacity, or various other reasons. These situations can be emotionally draining and legally complex. That’s where family will lawyers come into play. Specialising in family law wills and estates, they offer invaluable expertise, navigating the complexities of the law to ensure your family’s wishes are respected. Pre-emptive Strategies: The Best Defence is a Good Offence Be Transparent with Family Members: One primary cause of contestation is surprise. If beneficiaries or potential beneficiaries are aware of the will’s content, it lessens the chances of contention down the track. Regularly Update the Will: Changes in assets, family dynamics, or personal wishes can be grounds for a later dispute. Regularly reviewing and updating the will to reflect current situations is essential. Witnessing the Will: Ensure the will is signed and witnessed correctly. This fundamental step can prevent claims of forgery or undue influence later on. Defence Against Contestations When a will is contested, it’s crucial to have a game plan. With the support of a trusted family law wills and estates professional, defending the will becomes a manageable task. Confirming Validity: A will can be contested if its validity is in doubt. This could be due to reasons such as the deceased not having the mental capacity when the will was written or it not being executed correctly. Your lawyer can provide evidence, through witnesses or medical records, to prove the deceased’s mental capacity and the will’s legitimacy. Demonstrating No Undue Influence: Claims might arise that someone influenced the deceased to modify the will in their favour. In such cases, evidence such as letters, testimonies, and even surveillance footage can be invaluable in refuting these claims. Abiding By Family Provision Laws: In Australia, certain family members or dependants might claim they haven’t received an adequate provision from the will. In such cases, it’s crucial to show that the deceased made sufficient provisions considering their means and the claimant’s circumstances. Engage A Specialised Lawyer If you’re faced with the challenging scenario of a contested will, searching for a lawyer for will near me can offer local expertise tailored to your jurisdiction’s unique nuances. They can provide essential guidance, from understanding your rights to devising the most effective strategy to defend the will. Conclusion Defending a contested family will doesn’t have to be an overwhelming process. By employing both pre-emptive measures and robust defence strategies, it’s entirely possible to uphold the wishes of a loved one. It’s always recommended to work closely with family will lawyers who specialise in family law wills and estates. They bring a wealth of knowledge to the table, ensuring that you’re not only legally equipped but also emotionally supported through the journey. Remember, it’s not just about the legalities; it’s about honouring and respecting the last wishes of a family member. With the right support and guidance, you can ensure that their voice, even in their absence, is heard and respected. ## Same Sex Marriage in Australia | Family Law Guide Source: https://thefamilylawyer.com.au/articles/same-sex-marriage-australia/ Articles / Family Law Reform & Updates Same Sex Marriage in Australia Published 4 October 2021 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Last updated 10 July 2026 Topic Family Law Reform & Updates Same-sex marriage in Australia Marriage equality has been recognised in Australia since December 2017. The [Marriage Amendment (Definition and Religious Freedoms) Act 2017](https://www.legislation.gov.au/C2017A00129/latest/text) changed the federal definition of marriage so it is no longer limited by the sex or gender of the parties. Previously, in the Marriage Act 1961, marriage was specifically defined as between a man and a woman. As a result of the new legislation, same-sex marriages solemnised overseas are now also recognised in Australia. Does marriage determine legal parentage? Marriage and legal parentage are related but separate questions. Parentage following donor conception, assisted reproductive treatment, adoption or surrogacy can depend on the Family Law Act, Victorian legislation, consent requirements and any court orders that have been made. The outcome should not be assumed from a birth certificate, biology or marital status alone. Anyone planning a donor-conception or surrogacy arrangement should obtain advice before treatment or entering an agreement. Early advice can identify the documents, consents and court process that may be required. Existing parents who are uncertain about legal parentage or decision-making responsibilities should obtain advice specific to the way their family was formed. In a parenting dispute, the Court’s central consideration is the child’s best interests. The legal framework applies irrespective of the parents’ sexual orientation. See our [parenting arrangements service](https://thefamilylawyer.com.au/services/parenting-arrangements/) for practical information about parenting plans, consent orders and disputed arrangements. Marriage and divorce for same-sex couples Australia has a no-fault divorce system. The Court does not determine who caused the relationship to end. The applicant must establish that the marriage has broken down irretrievably and that the parties have been separated for at least 12 months. Separation can occur while the parties remain under one roof, but additional evidence may be required. At least one party must also satisfy the Australian citizenship, domicile or residence requirements. The [Federal Circuit and Family Court of Australia](https://www.fcfcoa.gov.au/fl/divorce/divorce-overview) publishes the current eligibility and filing requirements. If the parties have been married for less than two years, additional counselling-certificate requirements may apply unless an exception is established. Legal advice should be obtained where there is family violence, difficulty locating the other party, uncertainty about the separation date or an overseas marriage. Divorce does not determine parenting arrangements, property division or financial support. Different steps and time limits apply to those issues. See our [separation and divorce service](https://thefamilylawyer.com.au/services/separation-and-divorce/) for advice about the complete pathway. This article provides general information only. Parentage and divorce requirements depend on the facts and the law applying at the time advice is obtained. ## Separation vs Divorce: Key Legal Differences Source: https://thefamilylawyer.com.au/articles/separation-vs-divorce-key-legal-differences-in-victoria/ Articles / Separation & Divorce Separation vs Divorce: Key Legal Differences in Victoria Published 12 September 2025 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Last updated 10 July 2026 Topic Separation & Divorce When a relationship ends, understanding the difference between separation and divorce is crucial, especially in Victoria, Australia. Many people are unsure what each term means legally and how it affects their situation. This article breaks down the key legal differences in a structured, easy-to-understand way. Whether you are considering a trial separation or ready to file for divorce, knowing these distinctions will help you make informed decisions and know when to seek help from a separation lawyer or divorce lawyer in Victoria. Understanding Separation Separation occurs when a couple decides to end their marriage or de facto relationship and stops living together on a genuine domestic basis. According to s.49 of the Family Law Act 1975, separation begins when one or both parties form the intention to end the relationship and communicate that intent. The other party’s agreement is not required, separation can be one-sided. You do not need to move out for separation to be valid. Couples may be “separated under one roof” if they live separately in practice, for example by sleeping in separate rooms, dividing household responsibilities, and living independent lives. After separation, married couples remain legally married until a divorce is granted. For de facto couples, separation marks the legal end of their relationship. The date of separation is significant. It can affect when you are eligible to apply for divorce and when property settlement deadlines begin to run. For this reason, it is recommended that separating couples make a clear record of when separation occurred, for example through written communication or a statutory declaration. Understanding Divorce Divorce is the formal legal dissolution of a marriage. It does not apply to de facto couples, who cannot “divorce” as they were never legally married. Under s.48 of the Family Law Act 1975, the only ground for divorce in Australia is the irretrievable breakdown of the marriage, demonstrated by at least 12 months of continuous separation. This reflects Australia’s no-fault divorce system, where the court does not consider the reasons the marriage ended, only that it has broken down permanently. Applications for divorce are made through the Federal Circuit and Family Court of Australia. The application may be filed jointly or by one spouse, in which case the other spouse must be formally served. If the court is satisfied the requirements are met, primarily that the couple has been separated for at least 12 months, it will issue a divorce order. That order takes effect one month and one day later, at which point the parties’ legal status changes from married to divorced. Only then may either party legally remarry. Importantly, a divorce order does not resolve financial or parenting issues. Divorce is purely about ending the legal marriage. Property settlement, spousal maintenance, and parenting arrangements must be dealt with separately, either by agreement or through court orders. Property Settlements and Time Limits One common misconception is that property settlement must wait until divorce is finalised. In fact, separating couples can negotiate and formalise a financial settlement as soon as they separate, whether they are married or de facto. This can be achieved through a binding financial agreement or by applying for Consent Orders in the family law courts. However, the law imposes strict time limits for initiating property or spousal maintenance claims in court: Married couples: Under s.44(3) of the Family Law Act 1975, parties have 12 months from the date a divorce order takes effect to commence proceedings. De facto couples: Under s.44(5), parties must commence proceedings within two years of the date of separation. After these periods expire, leave of the court is required to bring a late claim, which is only granted in limited circumstances, usually where hardship would result. Because of these deadlines, it is often wise to address property and financial matters soon after separation rather than waiting for divorce. Key Legal Differences at a Glance Who it applies to: Separation applies to both married and de facto couples, divorce only applies to legally married couples. Formality: Separation is informal and requires no court involvement, divorce is formal and requires a court order. Legal status: Separation does not change a person’s legal marital status, divorce legally ends a marriage and allows the parties to remarry. Waiting period: Divorce requires at least 12 months of separation before an application can be made, separation takes effect immediately once one party communicates their intention to end the relationship. Time limits for property claims: Married couples must apply within 12 months of a divorce order, de facto couples must apply within two years of separation. Why These Distinctions Matter The difference between separation and divorce has real legal consequences. If you are married, separation alone does not change your status. You remain legally married until a divorce order is made. This means you cannot remarry, and some legal and financial ties remain until divorce. For de facto couples, the absence of a divorce process means the date of separation is even more important. It determines whether you are within the two-year timeframe to bring property or maintenance proceedings. Failing to act in time can severely limit your options. Understanding these differences helps you plan effectively. For example, couples may finalise a property settlement soon after separation, then apply for divorce later, once the 12-month separation period has elapsed. Others may seek immediate legal advice after separating to ensure they do not miss the strict deadlines. Practical first steps after separation The first few weeks after separation are often when mistakes happen. Try to keep the focus on records, safety, children and finances. Useful first steps include: record the date of separation and how it was communicated; keep copies of important documents, including bank statements, loan records, payslips, tax returns and superannuation information; consider urgent parenting arrangements if children are involved; review immediate safety issues, including whether locks, passwords or communication boundaries need attention; avoid emptying joint accounts or moving assets without advice; and get advice before signing an informal agreement that may affect property, parenting or maintenance rights. If you are still living in the same home, the separation date can still be recognised, but the evidence becomes more important. Our article on [separation under one roof](https://thefamilylawyer.com.au/articles/are-you-separated-but-still-living-together/) explains that issue in more detail. Changing locks after separation People often ask whether they can change the locks after separation. The answer depends on ownership or occupation rights, safety concerns, intervention orders, tenancy arrangements and whether children or property need to be accessed. If there is immediate risk, safety comes first. Contact police in an emergency. If there is no immediate risk, get advice before changing locks in a way that may escalate conflict, breach an order or interfere with the other person’s property rights. Lock changes are usually part of a wider plan. That plan may include communication boundaries, collection of belongings, temporary occupation, parenting changeover and financial disclosure. Speak with a Separation or Divorce Lawyer Ending a relationship can be legally complex, and the decisions you make at this stage can affect your rights for years to come. An experienced separation lawyer can help you confirm and document the date of separation, advise on property and spousal maintenance rights, and ensure you meet deadlines. A skilled divorce lawyer can assist with preparing and filing a divorce application, navigating service requirements, and ensuring the process is finalised smoothly. At The Family Lawyer, we help clients in Victoria manage separation and divorce with clear advice and a practical plan. The first step is identifying which issues need attention now and which can be addressed after the immediate position is stable. Contact us today for a confidential consultation. We will explain your options, help you plan your next steps, and work towards the best possible outcome for your future. See our [separation and divorce service](https://thefamilylawyer.com.au/services/separation-and-divorce/) and [property settlement service](https://thefamilylawyer.com.au/services/property-settlement/) for more information about the next steps. ## How To Deal With Separation When Children Are Involved Source: https://thefamilylawyer.com.au/articles/separation-where-children-are-involved/ Articles / Parenting & Children Separation where Children are involved Published 20 July 2021 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Topic Parenting & Children Tending to your own needs after separation You may be going through a whole range of emotions like grief, sorrow, guilt, loneliness, anger, relief, or even feeling rejected. It is okay to feel these emotions as everyone processes their feelings differently and at different rates. The emotions you are experiencing at this moment may come and go in waves and will not last forever. As hard as it may seem right now, it is important that you try and take care of yourself as best as you can, so that you can also tend to your children’s needs. This may include: You are undergoing a major transition in your life. Sometimes support from friends and family may not be enough. It is okay to ask for professional help. If you are experiencing depression or having suicidal thoughts, it is important that you reach out to your GP or other professionals. Tending to your children’s needs after separation Your children may be experiencing the same emotions you are feeling, and it is important for you not to rely on them for support, but for you to support them instead of through this difficult time. You can put your children’s needs first by: Things you should be mindful not to do: All children will react to the separation in different ways, for instance, they may act out or start behaving differently. If you are worried about their behaviour, it is important that you reach out to your children’s GP or other professionals. Parenting arrangements after separation Having children with your former partner will mean that you will continue to have ties. Sometimes reaching a mutual agreement for parenting arrangements can be challenging, but it is vital to reach a workable agreement. Parenting arrangements can be an oral agreement, a written parenting plan, or a formal agreement put into a court order known as “consent orders”. It is best to get a written agreement signed and dated by both parents. Parenting plans and consent orders both must be written, signed and dated by both parents. However, parenting plans are not legally enforceable. Regardless, parenting agreements should cover the pragmatics of parental responsibilities such as: In instances where parents have difficulty communicating, a helpful tool that can be used is a communication book. This can be a physical book where each parent can write notes about anything the other parent should know in relation to the children. This is exchanged during the changeover and can be used to avoid disputes between parents. Both parents must agree to the arrangement unless the court orders that one particular parent can make decisions on their own. Parenting agreements can vary depending on your family and individual circumstances, along with your relationship with your former partner. It is important to stick to the agreed arrangements. The agreement will not be valid if it is made under threat, duress or coercion. Read more about parenting and child custody arrangements. Resources and support services available ## Superannuation in Divorce or Separation: What Happens Source: https://thefamilylawyer.com.au/articles/superannuation/ Articles / Property & Financial What happens to super in a divorce or separation Published 19 October 2019 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Topic Property & Financial Divorce or separation can be extremely difficult. On top of the emotional stress, it can be overwhelming to keep track of everything. However, planning for your future remains more important than ever, and that includes managing your superannuation. Ways To Divide Property Assets and Debts When people separate, they usually need to sort out how to divide their assets (property) and debts. There are various ways this can be done: If I’m in the middle of a divorce or separation, what should I do first Every divorce or separation is different, and each of them come with their own set of challenges and required you to do a lot of short-term and long-term planning during a time that will often be emotionally draining. To protect your financial future, you should first take stock of all your financial assets (including debts). You should also prioritise establishing new financial accounts that are solely in your own name to protect ongoing financial gains, such as your income. It will also be important to prevent debt being created in your name by cancelling shared credit cards and having your details removed from any bills or rent agreements that you are no longer responsible for. What will happen to my super during a divorce or separation Super is categorised as property in the event of a relationship breakdown, so like any other asset it can be divided between partners by agreement or court order. This includes marriage or de facto relationships, both heterosexual or same sex. The rules do not apply to de facto couples in Western Australia. How is super divided A superannuation agreement can be put in place before, during or after your relationship, as part of a broader ‘binding financial agreement’. This agreement can specify how super is to be split upon separation or divorce. If you and your partner don’t have a binding financial agreement in place already but have agreed how you would like super to be split, an Application for Consent Orders can be filed in court without your attendance to formalise the arrangement you’ve both come to. If you can’t come to an arrangement together, you might instead look to obtain Financial Orders, under which a court hearing will determine how super is to be split between the two of you. Because there are rules around when super can be accessed (for instance, you may need to have retired from the workforce), remember that splitting super won’t necessarily result in an immediate cash payout, as super is treated differently to other assets and debts. What happens to a self-managed super fund If you or your partner are in a self-managed super fund (SMSF), the members of the fund are its trustees. The valuation of your super should be determined by an accountant or actuary in this situation, as SMSF trustees normally don’t have the financial expertise to make accurate fund valuations. Splitting super - what to keep in mind Some people prefer to avoid lengthy disputes by choosing to forgo some of their entitlements. The trouble with doing this is that it may have significant financial consequences down the track, so it’s important to be armed with all the information you can to ensure the decisions you make are sound. Working out what you’re entitled to can be complicated, which is why it’s important to seek legal advice, and regarding other financial matters, you may want to speak to your financial adviser. ## Section 60CC: Best Interests | The Family Lawyer Source: https://thefamilylawyer.com.au/articles/the-best-interests-of-the-child-what-it-means-to-the-court/ Articles / Parenting & Children The best interests of the child: what the Court considers Published 8 June 2021 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Last updated 10 July 2026 Topic Parenting & Children When parents disagree about arrangements, the child’s best interests come first. Section 60CC of the Family Law Act 1975 (Cth) guides the Court’s assessment of safety, the child’s views and needs, and other matters relevant to that child. The quick answer is that the child’s best interests are the paramount consideration in parenting orders. The current law focuses on safety, the child’s needs, the child’s views where available, each carer’s capacity, and the benefit of relationships with parents and significant people where those relationships are safe. The legal starting point The best-interests rule comes from the [Family Law Act 1975](https://www.legislation.gov.au/C2004A00275/latest/text) (Cth). Section 60CA says that, when deciding whether to make a parenting order, the Court must regard the best interests of the child as the paramount consideration. The detailed framework is in s 60CC. This section was replaced by the 2024 parenting reforms. Older language that split the test into two tiers should no longer be used as the current test. That change matters. The Court does not start from a presumption that parents should have equal shared parental responsibility or equal time. Those old pathways have been removed. The Court looks at the particular child, the particular risks and the particular arrangements proposed. If you need advice about how this applies to your matter, our [parenting arrangements service](https://thefamilylawyer.com.au/services/parenting-arrangements/) explains how we help clients assess options and evidence. Safety is central Under s 60CC, the Court must consider what arrangements would promote the safety of the child and each person who has care of the child. Safety includes safety from family violence, abuse, neglect or other harm. The Court must also consider any history of family violence, abuse or neglect involving the child or a person caring for the child, and any family violence order that applies or has applied to the child or a member of the child’s family. This does not mean every allegation leads to no time. It means risk must be examined carefully. In some cases, safe time can occur with conditions, supervision, supported changeover, communication limits or a staged increase. In other cases, the evidence may support more protective orders. The child’s views The Court must consider any views expressed by the child. A child’s views may be available through a family report, an Independent Children’s Lawyer, or another method the Court considers appropriate. A child is not required to express a view. The weight given to a view depends on the child’s age, maturity, circumstances, whether the view appears independently held, and whether the child has been exposed to pressure or conflict. Parents should be careful about asking children to choose sides. Pressuring a child for a view, recording them, or involving them in adult conflict can damage the child and may harm the parent’s case. The child’s needs The Court considers the child’s developmental, psychological, emotional and cultural needs. This is broader than where the child sleeps. It includes routine, schooling, health, identity, community, culture, support networks, special needs and emotional security. For very young children, routine and attachment may be important. For school-aged children, practical matters such as travel, activities, homework and friendships may matter. For teenagers, autonomy and expressed views may carry more practical weight, although the Court still assesses best interests. For Aboriginal or Torres Strait Islander children, s 60CC includes additional cultural considerations. The Court must consider the child’s right to enjoy their culture through connection with family, community, country and language, and the likely impact of any proposed order on that right. Each person’s capacity to care The Court considers the capacity of each person who has, or is proposed to have, parental responsibility to provide for the child’s needs. This is not about which parent is perfect. It is about practical capacity. Relevant evidence may include who manages school, medical care, routines, communication, emotional support, transport, cultural connection and family relationships. The Court can also consider whether a person can support a safe relationship between the child and other significant people. Capacity is affected by conduct. A parent who ignores safety concerns, exposes the child to conflict, refuses reasonable communication or breaches orders may weaken their position. A parent who is reliable, child-focused and realistic is usually easier for the Court to trust. Relationships with parents and significant people The Court considers the benefit to the child of being able to have a relationship with parents and other significant people, where it is safe to do so. This recognises that children often benefit from meaningful relationships, but safety comes first. Significant people may include grandparents, siblings, step-parents, extended family members or others who play an important role in the child’s life. The question is not whether an adult wants contact. The question is whether the relationship benefits the child and can occur safely. Our article on [what parenting orders can cover](https://thefamilylawyer.com.au/articles/what-are-parenting-orders-and-who-can-apply/) explains how those relationships can be reflected in orders. Evidence that helps the Court Good evidence is specific and practical. It may include school records, medical documents, family violence orders, messages about arrangements, records of care, photographs of relevant circumstances, travel information, and reports from professionals where appropriate. General attacks on the other parent are rarely useful. The Court needs to understand what happened, how it affects the child, what risk or need it creates, and what order would address it. If you are proposing a parenting arrangement, explain how it will work. Cover changeover, school, activities, health, holidays, communication and decision-making. A clear plan is usually more persuasive than a broad request for more time. Consent orders and the best interests test Parents sometimes assume that if they agree, the Court will simply approve the proposed parenting orders. Consent matters, but the Court still has to consider whether the proposed orders are appropriate. For consent orders, the Court may, but is not required to, consider all or any of the s 60CC matters. In practice, the application should still explain why the arrangement is safe and child-focused, especially if there are family violence issues, unusual arrangements, non-parent carers or conditions about communication. Agreement is strongest when it is specific. Orders should avoid vague promises and should give enough detail for both parents to understand what happens during school terms, holidays, special occasions and disputes. The next step The best-interests test is practical, not theoretical. It asks what arrangement will best protect and support this child, in this family, on this evidence. Early advice can help you identify the right evidence and avoid relying on outdated law. Frequently asked questions FAQs ### Frequently asked questions #### Is there still an old two-level considerations test No. The old two-level structure was replaced by the 2024 parenting reforms. Current advice should refer to the present s 60CC framework. #### Does the Court prefer mothers or fathers No. The Court does not decide by gender. It decides according to the child’s best interests and the evidence. #### Does the child get to choose No. The Court may consider a child’s views, but the child does not choose the outcome. The weight given to a view depends on the circumstances. #### Does safety override time with a parent Safety is central. The Court may still allow safe time where appropriate, but orders must not expose a child or carer to unacceptable risk. ## Stages of Family Court Proceedings in Australia Source: https://thefamilylawyer.com.au/articles/understanding-stages-of-the-family-court-proceedings/ Articles / Court & Legal Process Understanding the stages of family court proceedings Published 11 November 2024 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Court & Legal Process If your family law matter is heading towards court, it can feel as though the process has its own language and timetable. The uncertainty is often as stressful as the dispute itself. The quick answer is that most family law court matters move through pre-action steps, filing, a first court event, interim or procedural directions, dispute resolution, preparation for final hearing, and then final hearing if agreement is not reached. Many matters resolve before a final hearing, but you still need to prepare as if the Court may need clear evidence and workable orders. Court is usually the last formal step Family law proceedings are now dealt with in the Federal Circuit and Family Court of Australia, usually called the FCFCOA. The current court structure commenced on 1 September 2021, so articles or advice that still refer to the Family Court of Australia and the Federal Circuit Court as separate current courts need to be treated carefully. For most matters, court should be considered after sensible attempts to resolve the dispute have been made, unless the matter is urgent or unsafe. The Court expects parties to take genuine steps before filing where it is appropriate. For parenting matters, that often includes family dispute resolution and a certificate under Family Law Act 1975 (Cth) s 60I, unless an exception applies. For financial matters, pre-action disclosure and negotiation are usually important. There are exceptions. Urgency, family violence, risk to a child, withholding of a child, dissipation of property, or a deadline for responding to court documents may mean court action is needed quickly. Before filing: information, advice and genuine steps The pre-court stage is where many cases are won, narrowed or settled. You should identify the legal issue, collect documents, understand your options and consider whether negotiation or mediation is safe and realistic. In parenting matters, the early questions are usually about safety, the child’s routine, communication, decision-making and whether any urgent order is needed. In property matters, the early questions are usually about disclosure, asset values, debts, superannuation, contributions, future needs and whether interim financial orders are required. Good preparation at this stage can avoid unnecessary proceedings. It can also make a court application clearer if proceedings become necessary. Starting proceedings Proceedings usually begin by filing an initiating application and supporting documents. The exact documents depend on whether the case is about parenting, property, financial support, enforcement, divorce, or urgent interim orders. The application tells the Court what orders you want. The affidavit explains the evidence you rely on. Financial matters usually require financial disclosure and financial documents. Parenting matters usually require evidence about the child’s arrangements, risk issues, proposed orders and the steps already taken to resolve the dispute. Once filed, the documents usually need to be served on the other party. The other party then has an opportunity to file responding material. The first court event The first court event is usually procedural. It is not normally the final hearing. The Court identifies the issues, considers urgency, checks what material is missing and makes directions about the next steps. Directions may include disclosure, valuations, drug testing, subpoenas, family report interviews, attendance at dispute resolution, filing further evidence, or listing an interim hearing. In some cases, the Court may make interim orders on the first date, especially if there is urgency or agreement about temporary arrangements. You should not assume the first date is a full trial. It is still important. The orders made at this stage can shape the case for months. Interim hearings and procedural directions An interim hearing deals with temporary issues that cannot wait until final hearing. In parenting matters, this may include where a child lives, how much time they spend with each parent, supervision, travel, schooling, communication or restraints. In property matters, interim issues may include occupation of a home, sale of property, disclosure, litigation funding, injunctions or urgent financial support. Interim hearings are usually decided on affidavit material and submissions. They are not a substitute for final hearing. The Court may not be able to resolve disputed facts fully at this stage, so concise, relevant and well-organised evidence matters. Dispute resolution during proceedings Court proceedings do not mean negotiation stops. Many cases settle during the court process after disclosure improves, expert evidence is obtained, or the parties receive a clearer view of risk. Property matters may be referred to a conciliation conference, private mediation or another dispute-resolution event. Parenting matters may involve child dispute conferences, family reports, further family dispute resolution or negotiated consent orders. Settlement can be documented by consent orders. Consent orders usually give far more certainty than an informal agreement, because they are court orders. Preparing for final hearing If the matter does not resolve, the Court will make directions to prepare it for final hearing. This may include trial affidavits, updated financial disclosure, witness material, expert reports, family reports, subpoenas and a compliance or readiness hearing. A final hearing is where the Court hears the evidence and makes final orders. Each party’s evidence may be tested by cross-examination. The Judge may reserve judgment and deliver reasons later. Only a small percentage of matters reach final hearing. That does not mean preparation is wasted. Strong preparation often creates the conditions for settlement. What helps your case run smoothly Good court preparation is practical. Keep documents in order. Save important messages. Record key dates. Comply with orders and directions. Avoid inflammatory communication. Focus evidence on the legal issue, not every grievance from the relationship. If you receive court documents, read the deadline immediately and get advice before responding. Missing a deadline, ignoring a direction or filing unfocused material can make the process harder and more expensive. A short appointment with a family lawyer can help you understand whether your matter should be negotiated, mediated, urgently filed or carefully prepared for the next court step. The next step Court is a formal process, but it is still a pathway to practical orders. The aim is to understand the stage you are in, prepare the right evidence and keep settlement options open where it is safe to do so. Frequently asked questions FAQs ### Frequently asked questions #### Will my matter definitely go to a final hearing No. Many family law matters resolve before final hearing through negotiation, mediation or consent orders. You should still prepare carefully because strong preparation can improve both settlement prospects and court outcomes. #### What should I bring to my first appointment about court Bring any court documents, previous orders, correspondence from the other party or their lawyer, key messages, financial documents if property is involved, and a short timeline of important events. #### Can I still settle after court proceedings start Yes. Settlement can occur at almost any stage. If agreement is reached, it can often be formalised by consent orders. #### What if the matter is urgent Urgent matters need specific advice quickly. Examples include risk to a child, family violence, a child not being returned, threatened overseas travel, property being sold or money being moved. ## What Am I Entitled to After Separation? Source: https://thefamilylawyer.com.au/articles/what-am-i-entitled-to-after-separation-in-australia-2026-guide/ Articles / Property & Financial What am I entitled to after separation in Australia? Published 6 May 2026 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Property & Financial After separation, most people want to know what they are entitled to. The honest answer is that entitlement depends on the facts, not a fixed percentage or a simple rule. The quick answer is that you may have rights to a property settlement, superannuation splitting, spousal maintenance, parenting arrangements and child support. What you receive depends on the asset pool, contributions, current and future circumstances, care of children, safety issues and whether the outcome is just and equitable. Separation is not the same as divorce Separation is the end of the relationship. Divorce is the legal end of a marriage. You can resolve property, parenting and financial matters before you are divorced. For married couples, divorce can start a time limit. Property settlement and spousal maintenance applications generally need to be filed within 12 months after a divorce order takes effect, unless leave is granted. For de facto couples, different time limits apply. A property or maintenance application usually needs to be filed within two years after separation, unless leave is granted. Our article on [separation and divorce differences](https://thefamilylawyer.com.au/articles/separation-vs-divorce-key-legal-differences-in-victoria/) explains why this distinction matters. Property settlement Property settlement is the process of dividing assets, liabilities and financial resources after separation. It is not limited to real estate. It can include bank accounts, vehicles, shares, businesses, trusts, cryptocurrency, personal property, debts, tax liabilities and superannuation. The Court does not start at 50/50. Under the Family Law Act 1975 (Cth), the Court must consider whether it is just and equitable to make an order, then assess the property pool, contributions and current and future circumstances. From 10 June 2025, family violence and its economic effect are expressly relevant where they affect contributions or current and future circumstances. Economic or financial abuse may also be family violence. Our [property settlement service](https://thefamilylawyer.com.au/services/property-settlement/) explains how we help clients identify the pool, assess risk and plan the next step. Contributions Contributions can be financial and non-financial. They may include income, inheritances, gifts, mortgage payments, renovations, business work, homemaking, parenting and unpaid work that supported the family. The Court can also consider the effect of family violence on a person’s ability to contribute. For example, family violence may have affected a person’s ability to work, study, manage money, build superannuation or contribute to the welfare of the family. Good evidence can include bank records, payslips, tax returns, business records, loan documents, mortgage statements, renovation records, inheritance documents and records of care responsibilities. Disclosure and hidden assets You cannot work out entitlement properly without disclosure. Each party is expected to provide full and frank disclosure of relevant financial information. Disclosure may include tax returns, bank statements, superannuation information, payslips, company records, trust documents, loan statements, credit card statements and documents showing the value of assets. If you suspect assets are being hidden, do not guess your way through settlement. Get advice about disclosure, subpoenas, valuations and whether urgent steps are needed to stop property being sold, transferred or borrowed against. Current and future circumstances The Court also considers current and future circumstances. These may include age, health, income, earning capacity, care of children, housing needs, financial resources, liabilities and the economic effect of family violence where relevant. This is where a financially stronger party may not simply keep more because they earned more. The Court looks at the whole picture, including future needs and the practical effect of the proposed division. Housing for children can be important. So can a person’s ability to recover financially after separation. Superannuation Superannuation is usually treated as property for family law purposes. It can be split by agreement or court order, although it is different from money in a bank account because it generally remains subject to superannuation rules. Sometimes superannuation is split. Sometimes one party keeps more superannuation and the other receives more of another asset. The right approach depends on values, ages, retirement planning, cash needs and the rest of the pool. Spousal maintenance Spousal maintenance is separate from property settlement. It may be relevant where one party cannot adequately support themselves and the other has capacity to assist. It is not automatic. The Court considers need, capacity and relevant circumstances. From 10 June 2025, the economic effect of family violence can also be considered where relevant to maintenance. Spousal maintenance can be urgent, short term or part of final arrangements. It needs evidence of income, expenses, health, work capacity and financial resources. Children and parenting arrangements Separation can also create parenting issues. Parenting arrangements are decided according to the child’s best interests, with safety central to the current law. Children do not determine the property split by themselves, but care arrangements can affect future needs, housing, income capacity and child support. If parenting is unresolved, get advice before making financial decisions that assume a particular care arrangement. What to do in the first month Early decisions can affect the outcome. Start by gathering documents, checking account access, recording important dates, protecting passwords and making a list of assets and debts. Avoid large transfers, informal cash settlements or signing refinance documents before receiving advice. If there is family violence, financial control or urgent risk to property, the first step may be safety and asset protection rather than negotiation. If the family home is involved, get advice before moving out solely because you feel pressured. Moving out may be sensible in some cases, especially for safety, but it should be understood before it becomes permanent. Agreements must be formalised properly An informal agreement may feel settled, but it can leave both parties exposed. Property settlement can usually be formalised through consent orders or a binding financial agreement. The right option depends on the circumstances. Do not transfer property, refinance, pay large sums, withdraw superannuation information or sign documents without advice. A quick agreement can become expensive if it is incomplete or not legally binding. When spousal maintenance and property overlap Property settlement and spousal maintenance are separate, but they often affect each other. A person who needs immediate support may also be negotiating final property division. Sometimes urgent maintenance is needed before property settlement is finalised. Sometimes the final property division is structured to reduce future support issues. The right approach depends on income, expenses, care of children, health and access to money. The next step The most useful starting point is not a percentage. It is a clear list of assets, debts, income, contributions, future needs and urgent risks. Frequently asked questions FAQs ### Frequently asked questions #### Am I automatically entitled to half No. There is no automatic 50/50 rule. The outcome depends on the property pool, contributions, future circumstances and whether the result is just and equitable. #### Is superannuation included Usually, yes. Superannuation can be considered and may be split, but it is handled differently from cash. #### Does family violence affect property settlement It can. From 10 June 2025, the economic effect of family violence must be considered where relevant. #### Do I need to be divorced first No. Property and parenting matters can be resolved before divorce, but divorce may start important time limits. ## Parenting Orders in Australia: Who Can Apply? Source: https://thefamilylawyer.com.au/articles/what-are-parenting-orders-and-who-can-apply/ Articles / Parenting & Children What are parenting orders and who can apply? Published 20 March 2021 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Parenting & Children Parenting orders matter because they can shape where a child lives, when they spend time with each parent and how important decisions are made after separation. The quick answer is that parenting orders are court orders about a child’s care, time, communication and parental responsibility. A parent, the child, a grandparent or another person concerned with the child’s care, welfare or development may apply. The Court decides parenting orders according to the child’s best interests. What parenting orders can cover Parenting orders are made under the Family Law Act 1975 (Cth). Section 64B says a parenting order may deal with one or more matters about a child, including who the child lives with, time with another person, communication, parental responsibility, dispute-resolution steps and other aspects of the child’s care, welfare or development. Orders can cover school terms, holidays, birthdays, handover, video calls, travel, passports, medical decisions, schooling, communication and what should happen if parents disagree later. Parenting orders can be made after a contested case or by consent. Consent orders are often used where people have reached agreement and want the arrangement to be legally binding. Who can apply The right to apply is set out in Family Law Act 1975 (Cth) s 65C. A parenting order may be applied for by either or both parents, the child, a grandparent, or any other person concerned with the care, welfare or development of the child. That means applications are not limited to biological parents. Grandparents, step-parents, relatives and other significant carers may be able to apply where the proposed order concerns the child’s care, welfare or development. Being allowed to apply is not the same as being entitled to the order sought. The Court still decides whether the proposed order is in the child’s best interests. The current best-interests test The child’s best interests are the paramount consideration: Family Law Act 1975 (Cth) s 60CA. The current s 60CC framework replaced the old two-tier structure from 6 May 2024. The Court considers safety, the child’s views where relevant, developmental and emotional needs, the capacity of each proposed carer, and the benefit to the child of relationships with parents and significant people where safe. Additional matters apply for Aboriginal and Torres Strait Islander children. The old presumption of equal shared parental responsibility has been removed. Equal time is not automatic. The Court may still make equal-time orders where safe and appropriate, but it is not required to follow the old pathway. Applying for parenting orders Before applying, many people need to attempt family dispute resolution and obtain a s 60I certificate, unless an exception applies. Exceptions may include urgency, family violence, risk of abuse, consent applications or other circumstances. An application should identify the orders sought and the evidence supporting them. The affidavit should focus on the child, the current arrangements, safety issues, practical problems and why the proposed orders are in the child’s best interests. If there is urgency, such as a child not being returned, threatened relocation, safety concerns or overseas travel risk, get advice quickly. Changing final parenting orders Changing final parenting orders is not automatic. The current law includes s 65DAAA, which requires the Court to consider whether there has been a significant change of circumstances and whether reconsidering the final orders is in the child’s best interests, subject to exceptions. Examples may include serious safety concerns, major changes in a child’s needs, relocation, repeated non-compliance or arrangements that have become unworkable. The evidence must be specific. If orders no longer work, get advice before simply ignoring them. Evidence and practical steps Useful evidence may include school records, medical records, calendars, messages, family violence orders, travel documents, photographs of relevant issues and records showing who manages the child’s day-to-day needs. Evidence should be child-focused. The Court is usually less assisted by general criticism than by specific facts showing how the child is affected and what arrangement would solve the problem. A short appointment with a family lawyer can help you decide whether to negotiate, mediate, apply for consent orders or file a court application. The next step Parenting orders can provide structure, but they need to be safe, practical and clear. Before applying, agreeing or responding, understand the current law and the evidence needed. Frequently asked questions FAQs ### Frequently asked questions #### Can grandparents apply for parenting orders Yes. Section 65C specifically says a grandparent may apply. The Court still decides the application according to the child’s best interests. #### Can a step-parent apply Possibly. A step-parent may apply if they are a person concerned with the care, welfare or development of the child. #### Are parenting orders only for separated parents No. Parenting orders can be made in favour of parents or other people where orders are needed for the child’s care, welfare or development. #### Can parenting orders be changed later Yes, but changing final orders usually requires a significant change of circumstances and a best-interests assessment. ## Understand De Facto Relationship In Australian Law Source: https://thefamilylawyer.com.au/articles/what-is-a-de-facto-relationship/ Articles / Separation & Divorce What is a de facto relationship Published 29 January 2022 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Last updated 10 July 2026 Topic Separation & Divorce A de facto relationship is generally a relationship between two people who are not legally married to each other, are not related by family and live together as a couple on a genuine domestic basis. It can involve people of the same sex or different sexes. A person can also be in a de facto relationship even if they are legally married to someone else or are in another de facto relationship. For most Australian jurisdictions, section 4AA of the [Family Law Act 1975](https://www.legislation.gov.au/C2004A00275/latest/text) contains the federal definition. Western Australia has a separate family-law system for many de facto financial matters, principally under Part 5A of the [Family Court Act 1997 (WA)](https://www.legislation.wa.gov.au/legislation/statutes.nsf/RedirectURL?OpenAgent=&query=mrdoc_48474.htm). The applicable law can depend on where the parties lived and the orders being sought, so jurisdiction should be checked before acting. Is there a two-year rule for de facto relationships? Two years is not a universal definition of when a de facto relationship begins. Under section 90SB of the Family Law Act, it is one of the gateway requirements for certain federal property and maintenance orders. The gateway may also be met where there is a child of the relationship, the relationship was registered under a prescribed law, or substantial contributions were made and refusing an order would cause serious injustice. Different provisions apply in Western Australia. How is a de facto relationship established? The existence of a de facto relationship is assessed from the circumstances as a whole. Relevant considerations can include: the duration of the relationship; the nature and extent of the parties’ shared residence; whether a sexual relationship existed; financial dependence, interdependence and arrangements; ownership, use and acquisition of property; the degree of mutual commitment to a shared life; whether the relationship was registered; the care and support of children; and the reputation and public aspects of the relationship. No single factor is decisive, and a court may give each factor the weight it considers appropriate in the circumstances. What happens when a de facto relationship ends? After separation, the parties may need advice about property, liabilities, superannuation, maintenance and parenting arrangements. The available pathway depends on the facts, the relevant jurisdiction, applicable time limits and whether the statutory gateway requirements are met. Property is not automatically divided equally, and legal ownership alone does not necessarily determine the final outcome. Before agreeing to a settlement, it is important to identify the asset pool, obtain proper disclosure and understand the legal effect of any proposed agreement. When should you obtain advice? Early advice is particularly important where there is disagreement about whether a de facto relationship existed, the parties lived in different jurisdictions, there are businesses or trusts, assets may be transferred, financial disclosure is incomplete, or a time limit may apply. See our [separation and divorce service](https://thefamilylawyer.com.au/services/separation-and-divorce/) or [property settlement service](https://thefamilylawyer.com.au/services/property-settlement/) for information about the next practical steps. This article provides general information only. The law and the appropriate strategy depend on your individual circumstances and jurisdiction. ## Prenups vs Binding Financial Agreements in Australia Source: https://thefamilylawyer.com.au/articles/what-is-a-prenup-and-do-i-need-one/ Articles / Agreements & Mediation Prenups and binding financial agreements in Australia Published 1 August 2022 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Agreements & Mediation A prenup is often raised when someone wants certainty, asset protection or a fair financial plan before committing further to a relationship. The conversation can feel uncomfortable, but the legal issue is practical. The quick answer is that a prenup in Australia is usually a binding financial agreement. It can set out how property, debts, superannuation or maintenance will be dealt with if a relationship breaks down, but it must be prepared carefully and each party must receive independent legal advice. What a prenup is in Australian law Australian family law does not usually use the word prenup in the legislation. The legal document is a financial agreement. For married couples, financial agreements are dealt with under Part VIIIA of the Family Law Act 1975 (Cth). For de facto couples, similar agreements are dealt with under Part VIIIAB. A financial agreement can be made before, during or after marriage, or before, during or after a de facto relationship. People often call an agreement made before marriage a prenup, but the legal requirements are broader than the nickname suggests. The agreement can cover property settlement and, in some cases, spousal maintenance. It cannot be used to avoid proper arrangements for children. When a financial agreement may be useful A financial agreement may be useful where one or both parties have significant assets, a business, family wealth, expected inheritance, children from a previous relationship, a family trust, or a desire to quarantine particular property. It may also be useful where parents are helping an adult child buy property and want clarity about whether money is a gift, loan or protected contribution. In those situations, the financial agreement should be considered alongside loan documents, estate planning and property advice. A financial agreement is not only for wealthy people. It is for people who need clarity about financial consequences if the relationship ends. The legal requirements A binding financial agreement must satisfy strict requirements. One of the most important is independent legal advice for each party. The advice must cover the effect of the agreement on that party’s rights and the advantages and disadvantages of entering the agreement. The agreement must be drafted carefully. It should identify the property, explain the intended treatment of assets and debts, and deal with practical issues such as future purchases, refinancing, businesses, superannuation and changes in circumstances. Rushed agreements, poor disclosure, pressure, unfair process or inadequate advice can create serious risk. A financial agreement should never be treated as a template document. Disclosure and fairness Full and frank disclosure matters. If a party does not understand the financial picture, it is difficult to make an informed decision. Non-disclosure can also create later arguments about whether the agreement should stand. Fairness is not tested in the same way as a court-made property order, but an agreement that is commercially unrealistic, poorly explained or signed under pressure may be vulnerable. The process is often as important as the wording. If the agreement is being discussed close to a wedding, before a visa deadline, after pregnancy, after family pressure, or when one person has much more financial knowledge, get advice early. Timing and pressure matter. Prenup or consent orders A financial agreement is different from consent orders. Consent orders are made by the Court and are commonly used after separation when parties have reached agreement about property or parenting. A financial agreement is a private contract-like document under the Family Law Act. It can be used before separation, but it requires strict advice certificates and careful drafting. The best option depends on timing, the issue being resolved and whether the parties need a court order or a private agreement. What to do before asking for a prenup Prepare a clear list of assets, debts, superannuation, businesses, trusts, loans, expected inheritances and major financial goals. Think about what you want the agreement to achieve, not only what you want to protect. Raise the discussion early. Both parties need time for advice. If the agreement is presented late or under pressure, the risk increases. A short appointment with a family lawyer can help you decide whether a binding financial agreement is suitable, what disclosure is needed and what terms should be avoided. The next step A prenup can be useful, but only if it is properly advised, properly disclosed and drafted for the real financial situation. The document should create clarity, not future litigation. Frequently asked questions FAQs ### Frequently asked questions #### Is a prenup binding in Australia It can be, if it is a properly prepared financial agreement and the legal requirements are met. Independent legal advice for both parties is essential. #### Can a prenup cover future inheritance It may deal with how an inheritance is to be treated, but the drafting needs care. Estate planning, family loans and trusts may also need to be considered. #### Do we need full financial disclosure Yes. Proper disclosure helps each party make an informed decision and reduces later risk. Lack of disclosure can undermine the agreement. #### Can a prenup deal with children It should not be used to lock in parenting arrangements. Parenting arrangements are determined according to the child’s best interests at the relevant time. ## What is Adult Child Maintenance? | Melbourne Family Lawyers Source: https://thefamilylawyer.com.au/articles/what-is-adult-child-maintenance/ Articles / Property & Financial What is Adult Child Maintenance Published 20 February 2021 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Topic Property & Financial As a parent, you are able to seek an order for adult child maintenance if you can show the court that the maintenance is necessary to enable a child to complete her education, or if the child is disabled. The child does not have to already be 18 for you to seek this order; you are able to apply for adult child maintenance whilst the child is 17 to take effect when she turns 18. A child who is over 18 is able to get financial support from a parent if the child: An adult child who is married or living in a de-facto relationship is not able to get adult child maintenance. In, the mother was seeking a maintenance order with respect to a child who, since proceedings had commenced, had turned 18. In this case, the child was enrolled in a six year university double-degree and was studying full-time. The child lived with the mother and was estranged from the father. The mother argued that the child was entirely financially dependent on her. She argued that he required ongoing financial support in order to complete his undergraduate education. The mother estimated the child’s weekly expenses to be approximately $420 per week and asserted that the father should contribute at least 42% of this. She argued that the child was a diligent student and was not able to work concurrently whilst completing his studies. The father argued that this was an inflated estimate, and submitted that the wife did not give any regard to the child’s ability to provide his own financial support; particularly, the child had won scholarships in the past and indicated that he was able to tutor other students, as well as seek part-time employment. Based on the preceding considerations, the court determined that: The fact that the father was estranged from the son meant that: With respect to the financial resources of each parent, the court found that both parents had similar incomes and earning potential. However, because the child had been estranged from the father for several years, the court did not think it proper for both parents to contribute equally or in the terms sought by the mother. Ultimately, the court found that the father should contribute 20% of the child’s expenses. This amounted to $3,000 per year and totalled $12,000 for the remaining four years of study that the child was to complete. The court ordered that the $12,000 sum be placed in an interest bearing account and that at the beginning of each year $3,000 be released in each year that the child would be engaged in study. However, this order was qualified with the provision that if the child ceased studying or commenced full-time work, the father’s funds would be refunded. ## What is an Advance Care Directive? | Melbourne Family Lawyers Source: https://thefamilylawyer.com.au/articles/what-is-an-advance-care-directive/ Articles / Wills & Estate Planning What is an Advance Care Directive Published 1 April 2021 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Topic Wills & Estate Planning An advance care directive (ACD) is an important part of your end-of-life care it: The directive is a formal version of your advance care plan and outlines your preferences for your future care in line with your beliefs, values and goals. Having an advance care directive means you can also formally appoint a substitute decision-maker for when you can no longer make decisions yourself. ACD’s differ between states and territories. Some state and territory governments have specific forms that you can use. Why is an advance care directive important Making an ACD is an important part of advance care planning. It is impossible to know what will happen in the future concerning your health. And you might have firm ideas about how you want to live the rest of your life. In a crisis your loved ones may find it difficult to decide what treatment is best for you. An ACD will help everyone know what you would want if you can’t tell them. How to make an advance care directive You can only make a valid ACD if you are over 18 and have decision making capacity. Decision making capacity refers to a person’s ability to make day to day decisions about things like: Health professionals and family members must follow a valid directive. They cannot override it. You should speak with your doctor who should provide you with information and advice regarding your current health situation. We recommend discussing your ACD with your doctor. An advance care directive can include one or more of the following: Once you have written your ACD, you need to sign it in accordance with the requirements set out in the ACD itself. You should then give copies of your directive to: How to select a substitute decision-maker Choosing your substitute decision-maker is important. It is a good idea to think carefully about who you want to take that role. Your decision-maker will make decisions about your medical treatment if you can’t. Your substitute decision-maker should be somebody: You should ask yourself the question: ’ ' You can also choose a second person as an alternate decision-maker. They will step in if your first decision-maker is unable to make decisions on your behalf. In different Australian states and territories substitute, decision-makers may have different titles. If you want to formalise your choice of a substitute decision-maker, you need to complete the relevant form that’s used in your state or territory. Uploading your advance care directive to My Health Record You can add your advance care directive to your My Health Record. That way it’s available to your treating doctors if ever needed. You can also store the names of people you have shared your directive with. Changing your advance care directive You can change your Advance Care Directive at any time. If you do change it, make sure anyone you gave the original directive to gets the new version. The most recent version of your directive will be the one followed. You should review your advance care directive: ## Independent Children's Lawyer: Role & Responsibilities Source: https://thefamilylawyer.com.au/articles/what-is-an-independent-childrens-lawyer/ Articles / Parenting & Children What is an Independent Children's Lawyer? Published 14 August 2023 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Parenting & Children If an Independent Children’s Lawyer is appointed, it can feel as though a new person has entered the case with a powerful voice. Parents often worry about what the appointment means and whether the child now has their own lawyer. The quick answer is that an Independent Children’s Lawyer, often called an ICL, represents the child’s best interests in parenting proceedings. The ICL does not act as a parent’s lawyer and does not simply follow the child’s instructions. Their role is to assist the Court to decide what arrangements are in the child’s best interests. When an ICL may be appointed An ICL is usually appointed in more complex parenting matters. Examples include family violence, risk of abuse or neglect, serious conflict, mental health issues, substance misuse, alienation allegations, difficult views expressed by the child, relocation, or other issues where independent assistance may help the Court. The Court may appoint an ICL on application or on its own initiative. The appointment does not mean either parent has won or lost. It means the Court wants independent assistance focused on the child. Parenting decisions are governed by the child’s best interests as the paramount consideration under Family Law Act 1975 (Cth) s 60CA, with current best-interests considerations in s 60CC. What the ICL does The ICL may gather information, review documents, issue subpoenas, speak with professionals, participate in court events, make submissions and help test proposals. The ICL may also be involved in discussions about interim arrangements, family reports and settlement. The ICL is not a witness. They do not decide the case. The Judge makes the decision if agreement is not reached. A practical way to think about the ICL is that they bring an independent child-focused lens to the evidence and proposals. Will the ICL meet the child The 2024 parenting reforms strengthened the obligation for ICLs to meet with the child and give the child an opportunity to express a view, subject to exceptions. Section 68LA of the Family Law Act 1975 (Cth) deals with the ICL’s role. There are exceptions. A meeting may not occur where the child is under five, does not want to meet, or there are exceptional circumstances. The way a child’s views are obtained should be handled carefully and without pressure. Parents should not coach a child about what to say to an ICL. That can harm the child and damage the parent’s credibility. Family reports and other evidence An ICL may be involved where a family report or other expert evidence is needed. A family report is usually prepared by a family consultant or expert who assesses family dynamics and makes recommendations to assist the Court. The report writer may interview parents, children and other relevant people. The report is not the final decision, but it can be influential. If a family report is ordered, prepare by being honest, child-focused and organised. Do not treat the interview as a performance or an opportunity to attack the other parent without evidence. How parents should work with an ICL Be respectful, timely and evidence-focused. Provide documents when requested. Follow orders and directions. Keep communication appropriate. If you disagree with the ICL’s position, discuss strategy with your lawyer. The answer is not to attack the ICL personally. The answer is to identify the evidence, the legal test and the practical arrangement that better supports the child’s best interests. A short appointment with a family lawyer can help you understand what the ICL’s appointment means and how to prepare without increasing conflict. The next step An ICL appointment means the Court is looking closely at the child’s interests. Your best response is calm preparation, reliable evidence and child-focused proposals. Frequently asked questions FAQs ### Frequently asked questions #### Is the ICL my child’s personal lawyer Not in the ordinary adult-client sense. The ICL represents the child’s best interests, not either parent’s position and not simply the child’s instructions. #### Will the ICL speak to my child Usually, where required and appropriate. There are exceptions, including where the child is under five, does not want to meet or exceptional circumstances apply. #### Can I speak directly to the ICL You should get advice before contacting the ICL directly. If you have a lawyer, communication will usually occur through your lawyer. #### Does having an ICL mean I will lose No. It means the Court wants independent assistance about the child’s best interests. The effect depends on the evidence and the orders proposed. ## Spousal Maintenance and De Facto Maintenance Source: https://thefamilylawyer.com.au/articles/what-is-spousal-maintenance-and-de-facto-partner-maintenance/ Articles / Property & Financial Spousal maintenance and de facto partner maintenance Published 8 October 2019 Author [Kristdel Bolog](https://thefamilylawyer.com.au/team/kristdel-bolog/) Topic Property & Financial When a relationship ends, one person may be worried about how they will pay rent, mortgage repayments, medical costs or ordinary living expenses before the financial settlement is resolved. The quick answer is that spousal maintenance and de facto partner maintenance are not automatic. A person must usually show that they cannot adequately support themselves, and that the other person has capacity to contribute after meeting their own reasonable expenses. What maintenance means Maintenance is financial support paid by one former partner to the other. It is separate from child support, and it is also separate from the final property settlement. For married spouses, the starting point is Family Law Act 1975 (Cth) s 72. It provides that a party to a marriage is liable to maintain the other party only to the extent that the first party is reasonably able to do so, and where the other party is unable to support themselves adequately. For de facto relationships, the Court’s maintenance power is in Family Law Act 1975 (Cth) s 90SE. De facto maintenance can arise after the breakdown of a de facto relationship if the legal requirements for the de facto jurisdiction are met. The two main questions Most maintenance disputes come back to two practical questions. First, does the person asking for maintenance have a genuine need? The Court may look at income, expenses, health, care of children, earning capacity, available property and whether the person can reasonably support themselves. Second, does the other person have the capacity to pay? A person is not required to pay maintenance they cannot reasonably afford. Their own living expenses, income, debts and financial responsibilities matter. The Court can consider a broad list of factors under s 75 for married spouses and s 90SF for de facto partners. Those factors include age, health, income, property, financial resources, care of children, commitments, earning capacity and the effect of the relationship on a person’s ability to earn income. Examples of when maintenance may be relevant Maintenance may be relevant where one person has been out of paid work caring for children, has health issues, has limited immediate income, or cannot meet reasonable expenses while property settlement is being negotiated. It may also arise as short-term support. For example, maintenance might be paid until the sale or transfer of a property, until a person returns to work, or until the final property settlement is completed. Maintenance is not designed to punish one person or reward the other. It is a practical assessment of need and capacity on the evidence. How maintenance can be paid Maintenance can be paid periodically, as a lump sum, or in another form the Court considers appropriate. Periodic payments are often used where support is needed for regular living expenses. A lump sum may be considered where it fits with the broader financial settlement. Orders can also be interim or final. Interim maintenance may be sought where support is needed before the final hearing or before the property settlement is resolved. The wording of any agreement or order matters. It should identify the amount, timing, duration, payment method and what event will end or review the arrangement. Maintenance and child support Child support and maintenance are different. Child support is for the financial support of children. Spousal or de facto partner maintenance is for the financial support of a former partner. The two can still interact in a practical way. If a person has the primary care of children, that may affect their expenses, capacity to work and financial need. If a person is already paying child support, that may affect their capacity to pay maintenance. For child support issues, see our [child support guide](https://thefamilylawyer.com.au/articles/child-support-guide-australia/). New relationships and remarriage A new relationship may affect maintenance if it changes a person’s financial circumstances. The Court may consider the financial relationship between a person and their new partner, including whether expenses are shared. Remarriage can also affect spousal maintenance. If you are receiving or paying maintenance and a new relationship or remarriage is involved, get advice before assuming the obligation automatically continues or ends in every circumstance. Time limits Time limits matter. For married spouses, maintenance proceedings generally need to be started within 12 months after a divorce order takes effect. For de facto partners, proceedings generally need to be started within two years after the de facto relationship breaks down. Late applications may require the Court’s permission. That permission is not automatic, so delay can create real risk. Evidence that helps Useful evidence may include payslips, tax returns, bank statements, Centrelink records, mortgage or rent documents, medical evidence, childcare costs, school expenses, loan statements, budgets and evidence about job capacity or retraining. If you are asking for maintenance, prepare a clear budget showing reasonable expenses and the gap between income and need. If you are responding to a maintenance claim, prepare evidence of your own income, expenses, debts and commitments. Avoid relying on broad statements such as “they can afford it” or “I cannot pay”. Maintenance decisions are evidence-based. The next step Maintenance can be urgent, especially where one person cannot meet ordinary expenses after separation. It should be considered alongside property settlement, child support and any immediate safety or housing issues. Frequently asked questions FAQs ### Frequently asked questions #### Is spousal maintenance automatic No. The person seeking maintenance usually needs to show both need and the other person’s capacity to pay. #### Can de facto partners apply for maintenance Yes, in some circumstances. De facto partner maintenance is available under the family law framework if the legal requirements for de facto financial proceedings are met. #### Is maintenance the same as child support No. Child support is for children. Maintenance is support for a former spouse or de facto partner. #### Can maintenance be temporary Yes. Maintenance can be interim, periodic, lump sum or tied to a particular event, depending on the facts and the order or agreement. #### What if the time limit has passed You should get advice quickly. A late application may require permission from the Court, and permission is not guaranteed. ## Testamentary Trust vs Will | The Family Lawyer Source: https://thefamilylawyer.com.au/articles/wills-and-testamentary-trusts/ Articles / Wills & Estate Planning Standard Will vs Testamentary Trust Will Published 4 October 2021 Author [Christian Bolog](https://thefamilylawyer.com.au/team/christian-bolog/) Topic Wills & Estate Planning A standard will can leave assets directly to beneficiaries. A testamentary trust will establishes a trust after death, with trustees managing assets under its terms. The choice affects control, costs and administration; asset protection and tax outcomes depend on the structure and circumstances. Standard will or testamentary trust will? A will records how you want your estate administered and distributed. A standard will may make gifts directly to beneficiaries. A testamentary trust will can instead provide for trustees to hold and manage some or all of those assets under the terms of a trust. The right choice depends on your family, assets, beneficiaries and the cost of administering the arrangement. Who controls the inherited assets? For a direct gift, the beneficiary generally controls the inherited asset once the estate has been administered. With a trust, the trustee’s powers and duties depend on its terms and the law. A beneficiary may have a role in managing or appointing trustees if the will permits it; this is not a feature of every testamentary trust. A trust may allow distributions to be managed over time or for beneficiaries who need support. Restrictions on access to capital and the appointment or removal of trustees need careful drafting. Labels such as discretionary or protective do not replace reading the actual terms. Asset protection is not automatic A testamentary trust can be one part of an estate plan, but it does not guarantee that assets are protected from family provision claims, creditors or family-law proceedings. The terms, control of the trust, source of assets and applicable law matter. Obtain advice about the specific risks rather than assuming that a trust prevents a claim. Tax and administration Tax outcomes depend on the type and source of income, the beneficiaries and the applicable rules. The ATO explains that the excepted-income rules for minors do not apply automatically to every amount earned through a testamentary trust. See the [ATO’s guidance on excepted trust income](https://www.ato.gov.au/forms-and-instructions/trust-tax-return-2022-instructions/appendixes/appendix-9-trustee-instructions-for-beneficiaries-under-18-years-old-other-than-deceased-estates). Trusts may involve ongoing accounting, tax returns, records and trustee decisions. Consider those costs alongside any potential benefit. A tax adviser should assess the proposed arrangement; no tax saving is guaranteed. Questions to discuss before choosing Who should receive the estate, and when should they have control? Who can act as trustee and who can replace them? What support do beneficiaries need now or in the future? Which assets will form part of the estate, and which require separate arrangements? What are the likely establishment and ongoing administration costs? Plan the next step Bring your current will, a summary of assets and liabilities, and the family circumstances you want the plan to address. Discuss legal and tax advice together before deciding on the structure. # Firm and contact ## Family Lawyers Melbourne | Divorce, Parenting & Property Source: https://thefamilylawyer.com.au/ Empowering you through your family journey Led by Kristdel Bolog, a Law Institute of Victoria Accredited Family Law Specialist - taking you from uncertainty to a clear plan. Led by Kristdel Bolog, a Law Institute of Victoria Accredited Family Law Specialist. Family law advice for separation, parenting arrangements, property settlement and court matters. We help you understand your options and plan your next step. Kristdel Bolog · Law Institute of Victoria Accredited Family Law Specialist Our difference and what to expect when you work with us. A set of working principles that shape every conversation, every decision and every stage of your matter. We Listen. You’re Heard and Understood. We take the time to understand your situation, priorities and concerns so our advice is shaped around what matters to you. We Explain. You're confident. We translate complex family law issues into clear, practical advice so you understand your options, risks and next steps. We Strategise. You're prepared. Every matter is different. We build a tailored pathway directed to your circumstances, your priorities and the outcome you are working towards so have a clear plan. We're Transparent. You're informed. We explain costs upfront, discuss available pricing options and provide regular updates so you can make informed decisions about your matter. We Act. You're supported. We take purposeful steps to progress your matter, prepare what is required and keep you focused on the decisions that move you closer to resolution. We're Accessible. You're connected. You have access to your lawyer when it matters, with responsive communication, regular updates and clear guidance throughout your matter. Our Services Not sure where to begin? Start by telling us what's happening. [Separation My partner and I are separating Know your rights from day one. Understand your immediate obligations, protect your position, and get clear on the path ahead. Separation & Divorce](https://thefamilylawyer.com.au/services/separation-and-divorce/)[Children I need parenting arrangements Put a plan in place for your children. Get workable care and decision-making arrangements that protect your children's wellbeing - and your relationship with them. Parenting Arrangements](https://thefamilylawyer.com.au/services/parenting-arrangements/)[Property I need to divide property Divide assets, debts and superannuation and move forward with confidence. Understand what you're entitled to, what your disclosure obligations are, and reach a settlement that feels right - and is legally binding. Property Settlement](https://thefamilylawyer.com.au/services/property-settlement/)[Court I have received court documents If you've received court documents, time is critical. Get clear on your obligations, options, and next steps. Court Documents & Urgent Advice](https://thefamilylawyer.com.au/services/court-documents-urgent-advice/)[Mediation I want to avoid court Reach an agreement and control the outcome - without going to court. Resolve disputes faster and at lower cost through negotiation, Family Dispute Resolution, and mediation. Mediation & Negotiation](https://thefamilylawyer.com.au/services/mediation-and-settlement/)[Agreement I need a financial agreement Document financial arrangements before, during or after a relationship. A Binding Financial Agreement gives certainty about what belongs to whom - whether you're starting a relationship or ending one. Binding Financial Agreements](https://thefamilylawyer.com.au/services/binding-financial-agreements/)[Agreement We have agreed and need it documented Turn agreement into clear, enforceable and properly drafted documents. Consent Orders](https://thefamilylawyer.com.au/services/consent-orders/)[Children I need advice about child support Understand assessments, agreements, expenses, care percentages and practical arrangements. Child Support](https://thefamilylawyer.com.au/services/child-support/)[Finance I need financial support Assess need, capacity, urgency and financial evidence. Spousal Maintenance](https://thefamilylawyer.com.au/services/spousal-maintenance/) Law Institute of Victoria · Accredited Specialist How an Accredited Specialist helps you. An Accredited Specialist is a lawyer who has recognised experience and up-to-date knowledge in a particular area or areas of law - so you can be assured of the quality of the advice that they give you. Qualifications and experience The Law Institute of Victoria, the peak legal body in Victoria, manages the course of assessment for Accredited Specialist accreditation. At least five years' equivalent full-time experience since qualifying as a practising lawyer At least three years' substantial experience in their area of legal specialisation Passed a comprehensive assessment program that tests their knowledge and practical skills in that area of law Maintain their knowledge and skills through re-accreditation every three years LIV · Accredited Specialist Family Law Specialist on the team. Re-assessed every three years to maintain currency of knowledge and practice. Your family law journey. Every matter is different, but most move through a recognisable pathway. We help you understand the stage you are in, the documents required, and the decisions that need to be made. 01 Arrange an Appointment We discuss your matter, identify urgent issues, and recommend the right next step. 02 Disclosure & Preparation We help gather documents and information to assess your matter. 03 Negotiation & Dispute Resolution Where safe, we work to resolve matters through correspondence, negotiation or mediation. 04 Formalising Agreement We prepare consent orders, parenting plans, financial agreements or settlement documents. 05 Court Proceedings If required, we provide strategic representation through each stage of proceedings. 06 Final Orders & Implementation We ensure arrangements are properly implemented and advise on compliance. Frequently asked questions Advice from our family law team. What clients say Trusted through life's hardest moments. ★★★★★From our Google reviews ★★★★★ "Excellent and stress-free representation - could not recommend more highly." Kristian S. ★★★★★ "Honesty and integrity shine through in every interaction. Helpful advice with compassion and genuine concern for my well-being." Jan M. ★★★★★ "Outstanding throughout my financial separation. They made it easy to understand - I knew I was in good hands." Christeen H. ★★★★★ "I had an incredibly difficult case, and they achieved the best possible outcome for me. I can't recommend them highly enough." Gregory M. LIV Accredited Specialist [Kristdel Bolog · 2025 Family Law Lawyer of the Year – Australia](https://thefamilylawyer.com.au/about/#recognition) Melbourne · Glen Iris · Boronia · Dandenong Our Offices Meet us in Melbourne. Our Melbourne CBD, Glen Iris, Boronia and Dandenong offices give you practical options for family law appointments across the city and surrounding suburbs. [Melbourne CBD Level 11, 456 Lonsdale St Melbourne VIC 3000](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xdf9ec37d4a5bc319?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Glen Iris 7/431 Burke Road Glen Iris VIC 3146](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xe8e927aa5a2b0cec?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Boronia 6/5-7 Chandler Road Boronia VIC 3155](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0x5f5ddc937adef1bd?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Dandenong Level 10, 14 Mason Street Dandenong VIC 3175](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xac11e2bff53ef510?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 ### Frequently asked questions #### What should I do first after separation? The first thing you should do after separation is obtain practical legal advice before agreeing to anything significant. This does not mean you need to start a dispute or go to Court. It means you should understand your legal position before decisions are made about children, the home, bank accounts, debts, child support, spousal maintenance, business interests, superannuation, or who remains in the former matrimonial home. Early advice is particularly important because decisions made immediately after separation can have long-term consequences. For example, informal parenting arrangements may become the pattern relied upon later. Payments made or stopped may affect financial negotiations. Moving out of the home may be appropriate in some cases, but in others it can create practical or evidentiary complications. Our advice is to get clear guidance before committing to written agreements, signing documents, transferring money, changing care arrangements, or responding to Court material. A short appointment at the beginning can prevent avoidable mistakes, reduce conflict, and help you make informed decisions from a position of strength rather than stress. #### Do I need to be divorced before sorting out property or parenting arrangements? No. You do not need to be divorced before you deal with parenting arrangements, property settlement, financial support, superannuation, child support, or arrangements for the family home. Divorce is the legal process that formally ends a marriage. It does not, by itself, divide property, determine parenting arrangements, finalise maintenance issues, or resolve financial obligations between separated spouses. Many people resolve their parenting and property matters well before they apply for divorce. In fact, it is often sensible to address those issues as early as possible after separation, particularly where there are children, mortgage payments, business interests, family violence concerns, asset protection issues, or uncertainty about who is responsible for expenses. It is also important to understand that divorce can affect limitation periods. Once a divorce order becomes final, there is generally a limited period to commence property settlement or spousal maintenance proceedings. For de facto relationships, different time limits apply. For that reason, you should not assume that divorce is the first step. In many cases, the more urgent issue is getting advice about children, financial disclosure, preserving assets, and formalising any agreement properly. #### Can you help if I want to avoid Court? Yes. Many family law matters can be resolved without contested Court proceedings, and avoiding Court is often the best outcome where it can be done safely, fairly, and with proper legal protection. We regularly assist clients to resolve matters through negotiation, solicitor-assisted discussions, mediation, Family Dispute Resolution, consent orders, parenting plans, child support agreements, and financial agreements where appropriate. Avoiding Court does not mean accepting an unfair arrangement or relying on vague informal promises. A good negotiated outcome should be informed by proper disclosure, legal advice, risk assessment, and careful drafting. This is especially important in property matters, because an agreement about assets, liabilities, superannuation or spousal maintenance may not protect you unless it is documented in a legally effective way. If Court becomes necessary, we will explain why. Sometimes Court is required because the other party refuses to disclose documents, there are unacceptable risks to children, assets are being dissipated, negotiations have failed, or urgent orders are needed. The aim is not to go to Court unnecessarily. The aim is to choose the process that best protects your children, your financial position, and your long-term stability. #### What happens after I make an enquiry? After you make an enquiry, we assess the information you provide and identify the main issues requiring attention. This includes whether your matter involves parenting arrangements, property settlement, divorce, family violence, child support, relocation, urgent Court applications, disclosure issues, business or trust structures, spousal maintenance, or enforcement of existing orders. We also consider urgency. Some matters require immediate action, particularly where there are risks to children, threats to remove a child, family violence concerns, imminent sale or transfer of assets, frozen accounts, pending Court dates, or deadlines for responding to documents. Other matters may be less urgent but still require careful planning before communication is sent to the other party. You will then be guided about the next appropriate step, including what information to provide before your appointment. This may include Court documents, previous agreements, financial documents, correspondence, intervention orders, child support assessments, or a short chronology of relevant events. Where possible, we match you with the lawyer best suited to the nature and complexity of your matter so your appointment is focused, efficient, and useful from the outset. #### Do you offer phone or video appointments? Yes. Phone, video and in-person appointments may be available, depending on the nature of your matter and what is most appropriate in the circumstances. Many initial family law appointments can be conducted effectively by phone or video, particularly where the purpose of the appointment is to obtain preliminary advice, understand your options, review correspondence, discuss strategy, or identify the next steps. However, some matters may be better suited to an in-person conference. This may include complex property matters involving large document reviews, matters requiring detailed preparation for Court, sensitive parenting matters, family violence issues, or circumstances where you feel more comfortable meeting face-to-face. We will help determine the most appropriate appointment format when you enquire. Regardless of whether your appointment is by phone, video or in person, preparation is important. You should provide relevant documents in advance where possible and make a list of your main questions. The better prepared we are before the appointment, the more targeted the advice can be. Our goal is to ensure you leave the appointment with a clear understanding of your position, your risks, your options, and the immediate steps you should take. #### What information should I prepare before my first family law appointment? Before your first appointment, it is helpful to gather the key information that allows us to understand your circumstances quickly and give you practical advice. You do not need to have everything perfectly organised, but you should provide enough detail for us to identify the legal issues, the risks, and the best next steps. For parenting matters, this may include the children's ages, current care arrangements, schooling, health issues, any family violence concerns, previous agreements, intervention orders, and any recent communication between you and the other parent. For property matters, useful information includes a list of assets and liabilities, details of the home, mortgage, bank accounts, superannuation, businesses, trusts, companies, inheritances, loans, tax debts, and any recent transfers or unusual financial activity. If Court documents, letters from another lawyer, mediation documents, child support assessments or previous orders already exist, provide those before the appointment. A short chronology is also very useful. Include when the relationship started, when you began living together, the date of marriage if applicable, the date of separation, major financial events, and any important parenting events. This helps us give advice that is specific, accurate and commercially sensible. # Firm and information ## About The Family Lawyers Across Melbourne | The Family Lawyer Source: https://thefamilylawyer.com.au/about/ Meet the team behind The Family Lawyer Your situation is unique. Your solution should be too. We help people understand their options, make informed decisions and move toward resolution with a strategy built around their circumstances. Meet the team The people behind The Family Lawyer. A specialist family law team - lawyers, support staff, and one black Labrador. Each person below is someone you'll meet, speak with, or work alongside through your matter. [Kristdel Bolog Principal · Accredited Specialist BA (Crim), LLB, GDLP, AccS(Fam) Accredited Family Law Specialist with over a decade of experience. A trusted advocate guiding people through parenting and property matters with confidence and compassion. See more](https://thefamilylawyer.com.au/team/kristdel-bolog/)[Christian Bolog Principal JD, GDLP, MBA Skilled at navigating complex, high-conflict disputes across family law, intervention orders, estates, property and commercial matters. Clear guidance at every step. See more](https://thefamilylawyer.com.au/team/christian-bolog/)[Alexandra Monti Practice Manager Practice Manager supporting team performance, culture and exceptional client service. Internationally trained in NLP, coaching and communication. See more](https://thefamilylawyer.com.au/team/alexandra-monti/)[Evan Gainsford Lawyer LLB, GDLP, GradDipFDR Calm, solutions-focused family lawyer with experience in Family Dispute Resolution and child protection matters. See more](https://thefamilylawyer.com.au/team/evan-gainsford/)[Jenny Nguyen Lawyer LLB, GDLP Committed to clear, professional legal guidance. Known for a meticulous approach and sound legal judgment. See more](https://thefamilylawyer.com.au/team/jenny-nguyen/)[Rebecca Heng Lawyer JD, GDLP, BCom (Hons) Recognised for sharp legal insight and attention to detail, ensuring every case is managed with confidence and care. See more](https://thefamilylawyer.com.au/team/rebecca-heng/)[Eloise Pearce Legal Assistant LLB, BIntStudies Ensures every matter progresses smoothly. Known for attention to detail and a genuinely responsive approach. See more](https://thefamilylawyer.com.au/team/eloise-pearce/)[Eunice Huang Legal Assistant In her fourth year of a Bachelor of Laws / Arts at Monash University. Currently studying Family Law and Coronial Law. See more](https://thefamilylawyer.com.au/team/eunice/)[Betty Chief Happiness Officer The firm's black Labrador. Calm, comforting, and an expert at quality control of snack breaks. See more](https://thefamilylawyer.com.au/team/betty/) Awards and recognition Recognition you can verify. Each entry names the recipient and the exact recognition, with a link to its publisher source. Year 2025 Publisher Published award Family Law Lawyer of the Year – Australia RecipientKristdel Bolog Recognised in the 2025 Lawyer Monthly Legal Awards. [View the 2025 award feature →](https://legalawards.lawyer-monthly.com/editions/2025/18-19/) Year 2024 Publisher Published award Family Law Advocate of the Year 2024 (South East Australia) RecipientKristdel Bolog Recognised in the APAC Legal Awards 2024. [View the 2024 award feature →](https://apacinsider.digital/issues/apac-legal-awards-2024/16/) Published award Best Child Custody & Support Practice 2024 – South East Australia RecipientThe Family Lawyer Recognised in the APAC Legal Awards 2024. [View the 2024 award feature →](https://apacinsider.digital/issues/apac-legal-awards-2024/16/) Who we help People navigating real family law decisions - at a stressful time in their lives. We help people navigating separation, parenting arrangements, property settlement, financial agreements, intervention orders, court proceedings and related family law issues. Many people come to us at a stressful point in their life, unsure what matters most or what should happen next. Our work is to help them understand where they are, what is urgent, what can wait - and what the next practical step looks like. Our difference and what to expect when you work with us. A set of working principles that shape every conversation, every decision and every stage of your matter. We Listen. You're Understood. We take the time to understand your situation, priorities and concerns so our advice is shaped around what matters to you. We Explain. You're Confident. We translate complex family law issues into clear, practical advice so you understand your options, risks and next steps. We Strategise. You're Prepared. Every matter is different. We build a tailored pathway directed to your circumstances, your priorities and the outcome you are working towards. We're Transparent. You're Informed. We explain costs upfront, discuss available pricing options and provide regular updates so you can make informed decisions about your matter. We Act. You're Supported. We take purposeful steps to progress your matter, prepare what is required and keep you focused on the decisions that move you closer to resolution. We're Accessible. You're Connected. You have access to your lawyer when it matters, with responsive communication, regular updates and clear guidance throughout your matter. Law Institute of Victoria · Accredited Specialist How an Accredited Specialist helps you. An Accredited Specialist is a lawyer who has recognised experience and up-to-date knowledge in a particular area or areas of law - so you can be assured of the quality of the advice that they give you. Qualifications and experience The Law Institute of Victoria, the peak legal body in Victoria, manages the course of assessment for Accredited Specialist accreditation. At least five years' equivalent full-time experience since qualifying as a practising lawyer At least three years' substantial experience in their area of legal specialisation Passed a comprehensive assessment program that tests their knowledge and practical skills in that area of law Maintain their knowledge and skills through re-accreditation every three years LIV · Accredited Specialist Family Law Specialist on the team. Re-assessed every three years to maintain currency of knowledge and practice. Frequently asked questions Advice from our family law team. ### Frequently asked questions #### Who will handle my matter? Your enquiry will be directed to a lawyer with experience in the type of issue you need help with. Family law matters can involve very different legal and practical issues, so it is important that your matter is reviewed by someone who understands the specific area involved. For example, urgent parenting matters, property settlement, financial agreements, intervention orders, child support, spousal maintenance and Court proceedings each require a different approach. When you enquire, we will consider the nature of your matter, the level of urgency, whether there are Court dates or deadlines, whether documents have already been served, and whether your matter requires specialist advice. If you have a preferred lawyer, you should tell us when you make your enquiry. We will discuss that lawyer's availability and whether they are the most suitable person to assist with your particular issue. Where appropriate, your matter may involve more than one person in the firm. This may include a principal lawyer, solicitor, law clerk or administrative team member. The aim is to ensure your matter is managed efficiently, strategically and with the right level of expertise at each stage. #### Do you appear in Court? Yes. The firm can assist with negotiation, mediation and Court steps where required. Not every matter needs to go to Court, and in many cases the best outcome is achieved through early advice, negotiation, mediation, Family Dispute Resolution, consent orders or carefully drafted agreements. However, where Court proceedings are necessary, we can assist with preparation, strategy and representation through the relevant stages of the matter. Court may be required where there are urgent parenting issues, family violence concerns, relocation concerns, recovery issues, non-disclosure, asset protection risks, contravention or enforcement issues, or where the other party will not engage reasonably. Court may also be necessary where interim orders are needed to stabilise children's arrangements, preserve property, require disclosure, or manage immediate financial concerns. Effective Court representation is not limited to appearing on the day. It involves identifying the issues, preparing evidence, drafting appropriate orders, understanding the procedural pathway, considering negotiation opportunities and ensuring that your case is presented clearly. We will explain the purpose of each Court event, what is likely to happen, what documents are required and what decisions need to be made before the hearing. #### How are costs explained? Legal costs are explained at the beginning of the matter and as the matter progresses. We know that legal costs can be a major concern, particularly in family law matters where clients may also be managing separation, parenting stress, mortgage payments, business pressure, financial uncertainty or Court deadlines. Our role is to help you understand the likely cost of the work required and the factors that may affect those costs. Costs are usually discussed during your appointment, set out in a costs agreement, and updated as your matter develops. Where possible, we provide estimates for particular stages of work. However, family law costs can be affected by factors outside your control, including the conduct of the other party, urgency, Court timetables, disclosure issues, the number of disputed issues, the quality of documents provided, and whether agreement can be reached. You can help reduce costs by being organised, providing documents electronically, naming documents clearly, consolidating questions, responding promptly, following advice, and focusing on the issues that matter most. Using negotiation, mediation or other dispute resolution options where appropriate can also reduce costs, provided your legal position is still protected. #### Where are your offices? Our offices are located in Melbourne CBD, Boronia, Dandenong and Glen Iris. You can call our main number on 1300 111 835 and your enquiry will be directed to the appropriate person. If you have a preferred office location, you should let us know when arranging your appointment so we can discuss availability and suitability. The appropriate office may depend on the nature of your matter, the lawyer assisting you, the urgency of the issue, and whether your appointment is best conducted in person, by phone or by video. Some matters are well suited to a phone or video appointment, particularly where the purpose of the appointment is to obtain preliminary advice, review documents, discuss strategy or identify the next steps. Other matters may be better suited to an in-person conference, especially where there are extensive documents, sensitive issues or complex Court material. When booking, we will help determine the most practical appointment format. The priority is to ensure that you receive clear, timely and useful advice, whether your appointment is conducted in person or remotely. #### Can I choose phone, video or in-person appointments? Phone, video and in-person appointments may be available depending on your matter, the lawyer's availability and the type of advice required. Many family law appointments can be conducted effectively by phone or video, particularly where documents have been provided in advance and the purpose of the appointment is to obtain advice, understand your options, review Court documents or plan the next step. In-person appointments may be preferable where your matter is complex, sensitive or document-heavy. This may include matters involving extensive financial disclosure, business interests, trusts, family violence issues, urgent Court documents, intervention orders, or circumstances where you feel more comfortable discussing your matter face-to-face. The format of the appointment does not change the quality of the advice. What matters most is preparation. You should provide relevant documents before the appointment where possible, including Court documents, correspondence, financial material, agreements, intervention orders or any documents you have received from the other party or their lawyer. When you enquire, we will discuss the most appropriate appointment format. The aim is to make the process efficient, accessible and suited to the legal issues requiring attention. #### What should I prepare before my first appointment? Before your first appointment, gather the key documents and information relevant to your matter. You do not need to have everything perfect, but the more organised the information is, the more targeted the advice can be. If you have received Court documents, letters from another lawyer, intervention order material, proposed agreements or financial documents, provide them before the appointment if possible. For parenting matters, prepare the children's names and ages, current care arrangements, schooling, health issues, communication arrangements, any family violence concerns, and any existing parenting orders or agreements. For property matters, prepare a list of assets, liabilities, superannuation, income, businesses, trusts, companies, loans, inheritances, mortgages and any major financial changes since separation. It is also helpful to prepare a short chronology. Include the date the relationship started, when you began living together, the date of marriage if applicable, the date of separation, major financial events, significant parenting events, Court dates and any urgent issues. You should also write down your main questions. This helps ensure the appointment focuses on what matters most: your legal position, immediate risks, available options, likely next steps and the most efficient pathway forward. ## Cancellation Policy | The Family Lawyer Source: https://thefamilylawyer.com.au/cancellation-policy/ Cancellation Policy 1. Objectives and Background These Terms and Conditions apply to all services provided by The Family Lawyer (Vic) and govern the relationship between the firm and its clients. By engaging our services or booking an appointment, you, as the client, agree to be bound by the terms outlined herein. When an appointment is cancelled without adequate notice, it prevents another client from being served. These terms are designed to ensure clarity, fairness, and effective allocation of professional time. 2. Confidentiality All client information, documentation, and communications shall be treated as confidential in accordance with the firm's professional and ethical obligations. This duty of confidentiality extends beyond the conclusion of the engagement and applies to all staff members and third-party contractors engaged by the firm. Exceptions apply where disclosure is required by law or made with the client's prior written consent. 3. Appointments and Cancelations A fee of $330.00 (inclusive of GST) is payable in advance for all 30-minute consultations. This consultation fee is non-refundable in the following circumstances: If the client fails to attend the scheduled appointment; or If the client cancels or reschedules the appointment with less than forty-eight (48) hours' notice. Where a cancellation is made with at least forty-eight (48) hours' notice, the consultation fee will be fully refunded, or, upon request, applied to a rescheduled appointment. Cancellations or rescheduling requests must be submitted by: Telephone: 1300 111 835; or Email: enquiries@thefamilylawyer.com.au. Notice is considered given only upon confirmation of receipt by the firm. 3.1. Late Arrivals Clients who arrive late to a scheduled appointment will only be seen for the remaining duration of the appointment. If the client arrives more than ten (10) minutes late, the appointment may be cancelled at the firm's discretion and treated as a non-attendance. In such circumstances, the consultation fee will be retained. 4. Questions The Family Lawyer (Vic) is committed to a relationship of mutual understanding and respect. Any questions regarding these Terms and Conditions or the cancellation policy should be directed to: Phone: 1300 111 835 Email: enquiries@thefamilylawyer.com.au ## Careers at The Family Lawyer | Melbourne Source: https://thefamilylawyer.com.au/careers/ Careers at The Family Lawyer Build your family law career with a team behind you. Serious about the work. Human about everything else. Join a close, collaborative team that shares ideas, supports progress and makes room for a laugh along the way. Life at The Family Lawyer Bring your best work. Keep your personality. Family law asks a lot of people. We meet that with preparation, shared thinking and a team that genuinely enjoys working together. People do their best work when they can ask questions, contribute ideas and know their colleagues will step in when it matters. That is the kind of environment we are building every day. Together Share the thinking. We talk through strategy, share context and help each other solve problems. Good ideas can come from anywhere in the team. Progress Keep moving forward. Development is part of the work: useful feedback, meaningful responsibility and support to build confidence as your capability grows. Energy Enjoy the people beside you. The work is serious; the atmosphere does not always have to be. We value warmth, good humour and celebrating progress together. Kristdel Bolog Principal · Law Institute of Victoria Accredited Specialist Specialist-led learning Learn where specialist thinking happens. Work alongside Kristdel Bolog, a Law Institute of Victoria Accredited Family Law Specialist and a leader who mentors junior practitioners. See how complex parenting, property and procedural issues are analysed, explained and progressed with care. You will be exposed to the disciplined case strategy, clear client communication and rigorous preparation behind specialist practice. Learn through real matters and shared strategy Build judgement with practical, useful feedback Take on greater responsibility as your confidence grows [Meet Kristdel →](https://thefamilylawyer.com.au/team/kristdel-bolog/) Your next chapter A place to grow and enjoy the people beside you. Whether you are developing your family law practice or bringing strength to legal support and operations, we want your contribution to become more confident, capable and influential over time. Learn Build strong foundations Ask questions, observe specialist practice and understand why the details matter. Contribute Make your voice count Bring ideas, take ownership and become a trusted part of the work around you. Grow Take the next responsibility Stretch your capability with support, feedback and room to progress your career. Work with us Tell us where you want to grow. Share the kind of opportunity you are seeking and what you would bring to The Family Lawyer, then attach your CV and cover letter. ## Contact Family, Divorce & Parenting Lawyers Across Melbourne Source: https://thefamilylawyer.com.au/contact/ Every case is unique “I cannot recommend Kristdel Bolog enough - her honesty and integrity shine through in every interaction. She provided helpful advice with compassion and a genuine concern for my well-being. Her selfless dedication to guiding me in getting the best outcome is truly commendable. A standout professional in the field.” Google Review ★ ★ ★ ★ ★ Google Rating What happens next After you enquire. Reaching out is the hardest part. Here's what happens next. 01 Your situation is understood We listen carefully and identify what kind of matter you're dealing with. 02 Urgency is taken seriously If you have a court date, deadline or safety concern, we treat it as the priority it is. 03 You reach the right person No being passed around. Your matter goes straight to the lawyer best placed to help you. 04 Your appointment is confirmed We tell you exactly what to bring, what to expect, and how to prepare. 05 You leave with a clear plan At your appointment you'll understand your options, the risks, the costs, and your next step. While you prepare Useful client guides. These general guides can help you understand the family law pathway and prepare for your first appointment. The Family Lawyer Family law journey guide A broad orientation guide for new clients preparing for the first steps in a family law matter. [Download family law journey guide →](https://thefamilylawyer.com.au/downloads/client-guides/family-law-journey-guide.pdf) The Family Lawyer Practical tips to reduce legal costs Simple preparation habits that can help clients use their lawyer's time more efficiently. [Download practical tips to reduce legal costs →](https://thefamilylawyer.com.au/downloads/client-guides/reduce-legal-costs-guide.pdf) Federal Circuit and Family Court of Australia Marriage, families and separation Official court information about separation, support services, court pathways and family dispute resolution. [Download marriage, families and separation →](https://thefamilylawyer.com.au/downloads/client-guides/fcfcoa-marriage-families-and-separation.pdf) These downloads are general information only. Your next step depends on your circumstances. Our Offices One firm, four locations. Same direct line for every office - 1300 111 835. When you enquire, we will discuss which office is most suitable for your matter and travel. [Melbourne CBD Level 11, 456 Lonsdale St Melbourne VIC 3000](https://thefamilylawyer.com.au/locations/melbourne/)Call 1300 111 835 [Glen Iris 7/431 Burke Road Glen Iris VIC 3146](https://thefamilylawyer.com.au/locations/glen-iris/)Call 1300 111 835 [Boronia 6/5-7 Chandler Road Boronia VIC 3155](https://thefamilylawyer.com.au/locations/boronia/)Call 1300 111 835 [Dandenong Level 10, 14 Mason Street Dandenong VIC 3175](https://thefamilylawyer.com.au/locations/dandenong/)Call 1300 111 835 ## Privacy Policy | The Family & Divorce Lawyers Across Melbourne Source: https://thefamilylawyer.com.au/privacy-policy/ Privacy Policy Privacy Statement The Family Lawyer and each of its Related Bodies Corporate (also referred to as "We" in this Privacy Policy) respects your privacy and is committed to protecting your personal information. Our privacy policy outlines our approach to privacy and how we collect, use and protect your personal information. It also sets out your rights in relation to accessing the personal information we collect and hold about you. We are bound by the Australian Privacy Principles (or APP's) in the Privacy Act 1988 (Cth) This Privacy Policy has been drafted having regard to our obligations under the Privacy Act 1988 (Cth), the Privacy Amendment (Enhancing Privacy Protection) Act 2012 which includes the Australian Privacy Principles (collectively, the Privacy Act) and the Spam Act 2003 Cth (Spam Act). This Privacy Policy is a public document and has been prepared in light of Australian Privacy Principle 1 - Open and Transparent Management of Personal Information. Please take a few minutes to review this Privacy Policy. By using the The Family Lawyer Website, you are consenting to the Collection, Use and Disclosure of your Personal Information as set forth in this Privacy Policy. Personal information is defined in the Privacy Act 1988 (Cth) and means information or an opinion about an identified individual, or an individual who is reasonably identifiable. Our Website may contain links to third party websites. We are not responsible for the privacy policies of any third party websites. We recommend that you review the privacy policy of each website you visit. Collection of Personal Information The Family Lawyer only collects personal information for the purposes of conducting our business as part of our legal services that are provided online. The personal information we collect from you will include information you give us when you: register or subscribe to our Website; complete a transaction with us; and contact us. The personal information that we collect on individuals may include, but is not limited to: your name; your contact details including your email, home address, billing address and telephone number; your payment details including credit card information; and optional account information such as the username and password you created when using the The Family Lawyer website. At or before the time, or, if that is not practicable, as soon as practicable after, we Collect your Personal Information, we will notify you of the matters required pursuant to Australian Privacy Principal 5 - Notification of the Collection of Personal Information, by providing you with this Privacy Policy, or by notifying you of how you may access this Privacy Policy. The Family Lawyer will not Collect Personal Information secretly or in an underhanded way and will not sell your Personal Information to any third party. We may collect personal information from individuals who are not clients of our legal firm but whose personal information is given to us by those individuals via our Website or in the course of a transaction. Where reasonably practicable, we attempt to collect information directly from individuals. When we collect information, we will generally explain to the individual why we are collecting it, who we give it to and how we will use or disclose it or, alternatively, those matters will be obvious from the circumstances such examples are; Responding to your requests through our contact us page; Processing of payments and the prevention of fraud; Setting up your account for the purpose of providing online legal services to you; Comply with any legal obligations required including but not limited to the calculation of taxation; Improve our online legal service by reviewing and keeping your comments and reviews (if you choose to leave them); Sending you notifications of articles and online services (if you have chosen to subscribe to our emailing list); and We will collect personal information from you by lawful and fair means and not in an unreasonably intrusive way. The Family Lawyer staff have access to this information to help respond to queries, process payments and support you. The Family Lawyer are required by law to store information for the purposes of taxation and accounting for a minimum period of seven years, such information required to be stored for this purpose is your name, your address, billing address, and other information as it relates to online commercial transactions you have completed with us. When you visit our Website third parties, may place cookies on your browser to enhance and manage our website and improve our business and the services we provide to you. We and/or Google may use this information to optimise and place advertisements, including advertisements of third party vendors, on our own and third party websites. Google's ability to use and share information collected by Google Analytics is restricted by the Google Analytics Terms of Use and Privacy Policy. By using the website and agreeing to this policy, you grant us permission to place and store cookies on your browser. Cookies may be used by us to collect the following information: Optional analytics, advertising and attribution cookies are enabled by default. These services include Google measurement and Microsoft Clarity. You can switch them off at any time using the Privacy settings control displayed on the Website. Switching them off removes the Website's durable attribution cookie and updates supported analytics providers with your preference. your computer's operating system; your computer's browser type and capabilities; your computer's Internet Protocol (IP) address and geolocation; web pages visited, including how you were referred to each web page; and web page usage statistics, including the time spent on each web page. Cookies can be managed by accessing the individual settings in your browser. We will not identify users or their browsing activities, except where required by law or in accordance with our Terms and Conditions of Use and Sale. Using and Disclosing Your Personal Information We will generally use or disclose your personal information only for the primary purpose for which it was collected; or for a related secondary purpose where you would reasonably expect us to use or disclose the personal information for that secondary purpose. We may otherwise use and disclose your personal information if you have given us consent for the use or disclosure or it is required or authorised by law. Generally, we use and disclose your personal information for the purpose of providing you with the legal services that you have requested, or otherwise to enable us to carry out our business as an online provider of legal services. If those purposes for which we have collected the information involve providing personal information about an individual to any third party, we will take appropriate and reasonable steps to ensure any personal information is protected. We will only use personal information for marketing if you have given express or implied consent (e.g. subscribed to our mailing list). Security of Your Personal Information We take steps to protect the personal information we hold against loss, unauthorised access, use, modification or disclosure and against other misuse. When no longer required, personal information is destroyed in a secure manner or deleted. Access to Your Personal Information and Complaints Procedure Under the Privacy Act 1988 (Cth), you have certain rights to access the personal information we collect and hold about you. Generally, we will allow an individual access to the personal information we hold about them within a reasonable time after it is requested. When requesting such access please identify the precise type/s of information requested. You may make a request by contacting us. We take those steps reasonable in the circumstances to ensure that the personal information that we collect, use and disclose is accurate, up to date and complete. Where an individual requests to correct information, we will take reasonable steps to correct the information, having regard to the purpose for which it is held. You may lodge a request to correct personal information in the manner outlined in clause 5.2 above. To make a complaint about a breach of the Australian Privacy Principles, which includes how we handle your personal information, you contact us via our contact form. We will endevour to respond to your complaint within a reasonable time after it is received. If you are not satisfied by our response, you may acquire further information regarding privacy from the Office of the Australian Information Commissioner. ## Our Professional Network | The Family Lawyer Melbourne Source: https://thefamilylawyer.com.au/professional-network/ Support for the decisions that sit beyond the law. Separation can affect your home, finances, business and wellbeing. Our professional network is designed to help you find the right kind of support when those practical questions arise. More than legal advice One matter can create several practical needs. Family law advice is only one part of moving forward. You may also need to understand what a property is worth, whether refinancing is possible, how a proposed settlement affects tax or superannuation, or where to find support for yourself and your children. Our role is to identify when another kind of expertise may help and, where appropriate, introduce you to an independent professional whose work is relevant to that need. Our trusted network Current professional partners. Each professional listed here operates independently and brings specialist experience to the practical decisions that can arise during or after a family law matter. MB Mortgage Brokers Kevin Bui Principal Finance Broker, Savoia Finance Savoia Finance arranges residential, commercial and asset finance, comparing lenders and structuring borrowing around each client's goals, cash flow and broader financial position. Based in North Melbourne, the team offers one-to-one guidance from first enquiry to settlement, with plain-language advice, a whole-of-market approach and attention to each client's longer-term plans. 0414 774 088kevin@savoiafinance.com.au [Visit Website →](https://www.savoia.com.au/) MB Mortgage Brokers Dean Yeomans Owner Manager, Mortgage Choice Dean Yeomans, Dip.Fin.Serv, and his Mortgage Choice team compare options across more than 35 lenders for home purchases, refinancing, investment loans and other property-finance needs. Based in Boronia and serving Ferntree Gully, the Yarra Valley and surrounding suburbs, the team combines strong local knowledge with clear, hands-on guidance for first-home buyers, investors and families planning their next move. 0403 778 668dean.yeomans@mortgagechoice.com.au [Visit Website →](https://www.mortgagechoice.com.au/dean.yeomans/) FA Financial Advisers Guideway Complex financial planning Guideway provides financial advice across retirement planning, superannuation strategy, investment decisions and complex defined-benefit arrangements. Since 2012, its work with major industry and government super funds has helped make practical financial advice accessible to thousands of Australians through transparent fee-for-service options without asset-based fees. 1300 138 138advice@guideway.com.au [Visit Website →](https://guideway.com.au/financial-advice-overview/) FA Financial Advisers Sage D'Costa Director/Head of Wealth, Savoia Wealth Savoia Wealth provides advice-led planning across investments, superannuation, retirement, personal insurance, estate planning and intergenerational wealth. Boutique by choice, the North Melbourne team pairs evidence-based strategy with personal, long-term guidance for families building and protecting wealth. Its advice begins with each client's circumstances and goals, not a product shelf. 0404 388 244sdcosta@savoiawealth.com.au [Visit Website →](https://www.savoia.com.au/wealth) AC Accountants Adept Advisory Accounting and business advisory Adept Advisory supports individuals and small businesses with accounting, financial reporting, cash-flow planning, bookkeeping, payroll and accounting-software guidance. Established by Grant Patterson in 2013, the Ferntree Gully practice brings experienced, practical support to local business owners who want to understand their numbers across reporting, planning and day-to-day systems. +61 411 407 531grant@adeptadvisory.com.au [Visit Website →](https://adeptadvisory.com.au/) LF Legal Funding JustFund Family law legal-cost funding JustFund provides eligible clients with funding for approved family law fees and related costs, with no monthly repayments while the matter is progressing. Built by lawyers and trusted by more than 1,300 firms, the team helps reduce financial barriers so clients can maintain legal support through to settlement during a demanding period of change. 1300 644 980enquiries@justfund.com.au [Visit Website →](https://justfund.com.au/family-law-funding/) i Independent Professional Services The Family Lawyer does not receive any financial incentive or referral fee for listing or introducing a professional. We include professionals in our network because we believe they share our commitment to responsive service, clear communication and genuine care for the people they assist. Any professional listed on this page operates independently from The Family Lawyer. # Locations ## Family Lawyers Melbourne, Glen Iris, Boronia | The Family Lawyer Source: https://thefamilylawyer.com.au/locations/ Locations · Melbourne family lawyers Family law advice across Melbourne Choose the office that best suits your matter, travel and appointment preference. Every location connects to the same specialist family law team, with appointments available across Melbourne CBD, Glen Iris, Boronia and Dandenong. Our Offices Our office locations. Use the location pages below for office details, maps and local family law information. If you are unsure which office is best, call the main number and we will guide you. [Melbourne CBD Level 11, 456 Lonsdale St Melbourne VIC 3000](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xdf9ec37d4a5bc319?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Glen Iris 7/431 Burke Road Glen Iris VIC 3146](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xe8e927aa5a2b0cec?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Boronia 6/5-7 Chandler Road Boronia VIC 3155](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0x5f5ddc937adef1bd?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Dandenong Level 10, 14 Mason Street Dandenong VIC 3175](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xac11e2bff53ef510?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 ## Family Lawyers Boronia | Separation & Family Law Advice Source: https://thefamilylawyer.com.au/locations/boronia/ Family Law · Boronia Boronia Family Lawyers Specialist family law in the outer east. Practical family law advice at our Boronia office, by phone, or by video - with an accredited specialist on the team where specialist input is required. - Boronia Suite 6, 5-7 Chandler Road, Boronia VIC 3155 · Monday to Friday 9:00am - 5:00pm - Visit our office The Family Lawyer Boronia. Address Suite 6, 5-7 Chandler Road Boronia VIC 3155 Phone 1300 111 835 Hours Monday to Friday 9:00am - 5:00pm Parking Free on-site parking at the building. Boronia Park & Ride two minutes away. Transit Boronia Station 4 minutes' walk. Buses 681, 689 and 738 stop nearby. Family law advice in Boronia Trusted Legal Advice for Family Law Matters in Boronia Family law matters can have a lasting impact on your personal life, finances and future. Whether you are dealing with separation, divorce, parenting arrangements or financial matters, obtaining early legal advice from experienced family lawyers in Boronia can help you understand your rights and make informed decisions. At The Family Lawyer, we assist individuals and families across Boronia with practical legal advice tailored to their circumstances. Our team supports clients through every stage of a family law matter, from early guidance and negotiation to formal agreements and, where required, court proceedings. We understand that every situation is different, which is why our approach focuses on clear, personalised legal support. Our Boronia family lawyers work closely with clients to pursue an efficient resolution while keeping children’s best interests, financial considerations and future stability in view. Family law services in Boronia Every family law matter, in one practice. [Separation My partner and I are separating Know your rights from day one. Understand your immediate obligations, protect your position, and get clear on the path ahead. Separation & Divorce](https://thefamilylawyer.com.au/services/separation-and-divorce/)[Children I need parenting arrangements Put a plan in place for your children. Get workable care and decision-making arrangements that protect your children's wellbeing - and your relationship with them. Parenting Arrangements](https://thefamilylawyer.com.au/services/parenting-arrangements/)[Property I need to divide property Divide assets, debts and superannuation and move forward with confidence. Understand what you're entitled to, what your disclosure obligations are, and reach a settlement that feels right - and is legally binding. Property Settlement](https://thefamilylawyer.com.au/services/property-settlement/)[Court I have received court documents If you've received court documents, time is critical. Get clear on your obligations, options, and next steps. Court Documents & Urgent Advice](https://thefamilylawyer.com.au/services/court-documents-urgent-advice/)[Mediation I want to avoid court Reach an agreement and control the outcome - without going to court. Resolve disputes faster and at lower cost through negotiation, Family Dispute Resolution, and mediation. Mediation & Negotiation](https://thefamilylawyer.com.au/services/mediation-and-settlement/)[Agreement I need a financial agreement Document financial arrangements before, during or after a relationship. A Binding Financial Agreement gives certainty about what belongs to whom - whether you're starting a relationship or ending one. Binding Financial Agreements](https://thefamilylawyer.com.au/services/binding-financial-agreements/)[Agreement We have agreed and need it documented Turn agreement into clear, enforceable and properly drafted documents. Consent Orders](https://thefamilylawyer.com.au/services/consent-orders/)[Children I need advice about child support Understand assessments, agreements, expenses, care percentages and practical arrangements. Child Support](https://thefamilylawyer.com.au/services/child-support/)[Finance I need financial support Assess need, capacity, urgency and financial evidence. Spousal Maintenance](https://thefamilylawyer.com.au/services/spousal-maintenance/)[Protection I need help with an intervention order Get urgent advice about family violence intervention orders, court attendance, conditions, safety and your legal position. Intervention Orders](https://thefamilylawyer.com.au/services/intervention-orders/)[Estate I need a will Separation is a turning point. Review wills, powers of attorney and estate planning arrangements after separation, divorce or a significant change in your life. Protect your wishes, appoint trusted decision-makers and plan for your family's future. Wills & Estate Planning](https://thefamilylawyer.com.au/services/estate-planning/)[Conveyancing I am buying or selling property Whether you're purchasing, selling, or transferring real estate after a family law settlement, get expert advice and assistance to manage the conveyancing process from contract to completion. Conveyancing](https://thefamilylawyer.com.au/services/conveyancing/) [View all 12 services →](https://thefamilylawyer.com.au/services/) Why clients choose us Why Choose Our Boronia Family Lawyers? Our Boronia family lawyers provide practical, client-focused legal support designed to support clear, informed decision-making. Family law matters often require more than legal knowledge; they require thoughtful strategy, clear communication and an understanding of each client’s priorities. Clear communication and personalised legal advice Practical and realistic solutions Support through negotiation and mediation, where appropriate Court representation when required Our Boronia office assists clients across Knox, Maroondah and the foothills of the Dandenong Ranges, including Ringwood East, Croydon South, Kilsyth, Kilsyth South, Bayswater, Bayswater North, The Basin, Wantirna South, Ferntree Gully, Upper Ferntree Gully, Lysterfield, Rowville and Knoxfield. We also support clients from nearby hills communities including Montrose, Mount Dandenong, Tremont, Ferny Creek and Sassafras. The Boronia location is a practical option for families who want family law advice close to home, without needing to travel into the CBD. ## Dandenong Family Lawyers | The Family Lawyer Source: https://thefamilylawyer.com.au/locations/dandenong/ Family Law · Dandenong Dandenong Family Lawyers Specialist family law in the south-east. Get practical advice about parenting, property settlement or divorce at Level 10, 14 Mason Street, Dandenong, or meet by phone or video. - Dandenong Level 10, 14 Mason Street, Dandenong VIC 3175 · Monday to Friday 9:00am - 5:00pm - Visit our office The Family Lawyer Dandenong. Address Level 10, 14 Mason Street Dandenong VIC 3175 Phone 1300 111 835 Hours Monday to Friday 9:00am - 5:00pm Parking Council parking includes the Walker Street multi-deck car park at 35–37 Walker Street. Check signs for current fees and time limits. Transit Plan your trip via Dandenong Station with Transport Victoria, including the walking route to 14 Mason Street. Family law advice in Dandenong Clear advice for your next step Whether you are working through separation, making arrangements for children or dividing property, we explain your options and help you decide what to do next. Our team can assist with advice, negotiation and court representation where needed. Arrange an office, phone or video appointment to discuss your circumstances. Family law services in Dandenong Every family law matter, in one practice. [Separation My partner and I are separating Know your rights from day one. Understand your immediate obligations, protect your position, and get clear on the path ahead. Separation & Divorce](https://thefamilylawyer.com.au/services/separation-and-divorce/)[Children I need parenting arrangements Put a plan in place for your children. Get workable care and decision-making arrangements that protect your children's wellbeing - and your relationship with them. Parenting Arrangements](https://thefamilylawyer.com.au/services/parenting-arrangements/)[Property I need to divide property Divide assets, debts and superannuation and move forward with confidence. Understand what you're entitled to, what your disclosure obligations are, and reach a settlement that feels right - and is legally binding. Property Settlement](https://thefamilylawyer.com.au/services/property-settlement/)[Court I have received court documents If you've received court documents, time is critical. Get clear on your obligations, options, and next steps. Court Documents & Urgent Advice](https://thefamilylawyer.com.au/services/court-documents-urgent-advice/)[Mediation I want to avoid court Reach an agreement and control the outcome - without going to court. Resolve disputes faster and at lower cost through negotiation, Family Dispute Resolution, and mediation. Mediation & Negotiation](https://thefamilylawyer.com.au/services/mediation-and-settlement/)[Agreement I need a financial agreement Document financial arrangements before, during or after a relationship. A Binding Financial Agreement gives certainty about what belongs to whom - whether you're starting a relationship or ending one. Binding Financial Agreements](https://thefamilylawyer.com.au/services/binding-financial-agreements/)[Agreement We have agreed and need it documented Turn agreement into clear, enforceable and properly drafted documents. Consent Orders](https://thefamilylawyer.com.au/services/consent-orders/)[Children I need advice about child support Understand assessments, agreements, expenses, care percentages and practical arrangements. Child Support](https://thefamilylawyer.com.au/services/child-support/)[Finance I need financial support Assess need, capacity, urgency and financial evidence. Spousal Maintenance](https://thefamilylawyer.com.au/services/spousal-maintenance/)[Protection I need help with an intervention order Get urgent advice about family violence intervention orders, court attendance, conditions, safety and your legal position. Intervention Orders](https://thefamilylawyer.com.au/services/intervention-orders/)[Estate I need a will Separation is a turning point. Review wills, powers of attorney and estate planning arrangements after separation, divorce or a significant change in your life. Protect your wishes, appoint trusted decision-makers and plan for your family's future. Wills & Estate Planning](https://thefamilylawyer.com.au/services/estate-planning/)[Conveyancing I am buying or selling property Whether you're purchasing, selling, or transferring real estate after a family law settlement, get expert advice and assistance to manage the conveyancing process from contract to completion. Conveyancing](https://thefamilylawyer.com.au/services/conveyancing/) [View all 12 services →](https://thefamilylawyer.com.au/services/) Why clients choose us Why Choose Our Dandenong Family Lawyers? Our Dandenong legal team focuses on providing practical and personalised legal support tailored to each client’s circumstances. Family law matters require careful planning, clear communication and a strong understanding of legal processes. Clear communication and personalised legal advice Practical and strategic solutions Support through negotiation and mediation, where appropriate Court representation when required Our Dandenong office assists clients across Dandenong and the surrounding south-eastern suburbs, including Keysborough, Noble Park, Noble Park North, Dandenong North, Dandenong South, Doveton, Eumemmerring, Hallam, Endeavour Hills, Mulgrave, Rowville, Lynbrook, Lyndhurst and Hampton Park. We also advise clients from nearby bayside and growth-corridor suburbs including Bangholme, Aspendale Gardens, Waterways, Chelsea Heights, Patterson Lakes and Carrum Downs. The Dandenong location is convenient for clients who need family law advice close to local courts, services and major south-east transport routes. ## Family Lawyers Glen Iris | Divorce & Family Law Firm Source: https://thefamilylawyer.com.au/locations/glen-iris/ Family Law · Glen Iris Glen Iris Family Lawyers Specialist family law in the inner east. Practical family law advice at our Glen Iris office, by phone, or by video - with an accredited specialist on the team where specialist input is required. - Glen Iris Suite 7, 431 Burke Road, Glen Iris VIC 3146 · Monday to Friday 9:00am - 5:00pm - Visit our office The Family Lawyer Glen Iris. Address Suite 7, 431 Burke Road Glen Iris VIC 3146 Phone 1300 111 835 Hours Monday to Friday 9:00am - 5:00pm Parking On-street parking on Burke Road and side streets. Coles Glen Iris underground parking 2 minutes away. Transit Tram 72 (Burke Road) stops outside. Glen Iris station 7 minutes' walk. Family law advice in Glen Iris Trusted Legal Advice for Family Law Matters in Glen Iris Family law matters often involve major personal decisions that can affect your future, your finances and your family relationships. Whether you are navigating separation, divorce, parenting concerns or financial arrangements, obtaining early legal advice from experienced family lawyers in Glen Iris can help you understand your rights and make informed decisions with confidence. At The Family Lawyer, we support individuals and families across Glen Iris with practical legal advice tailored to their circumstances. Our legal team assists clients at every stage of a family law matter, from early legal guidance and negotiation to formal agreements and, where required, court proceedings. Because every family situation is different, we focus on providing personalised legal support that reflects your priorities and long-term interests. Our Glen Iris family lawyers understand that family disputes often involve both emotional and legal complexity. We work closely with clients to pursue practical outcomes, minimise unnecessary stress where possible and help them move forward with clarity. Family law services in Glen Iris Every family law matter, in one practice. [Separation My partner and I are separating Know your rights from day one. Understand your immediate obligations, protect your position, and get clear on the path ahead. Separation & Divorce](https://thefamilylawyer.com.au/services/separation-and-divorce/)[Children I need parenting arrangements Put a plan in place for your children. Get workable care and decision-making arrangements that protect your children's wellbeing - and your relationship with them. Parenting Arrangements](https://thefamilylawyer.com.au/services/parenting-arrangements/)[Property I need to divide property Divide assets, debts and superannuation and move forward with confidence. Understand what you're entitled to, what your disclosure obligations are, and reach a settlement that feels right - and is legally binding. Property Settlement](https://thefamilylawyer.com.au/services/property-settlement/)[Court I have received court documents If you've received court documents, time is critical. Get clear on your obligations, options, and next steps. Court Documents & Urgent Advice](https://thefamilylawyer.com.au/services/court-documents-urgent-advice/)[Mediation I want to avoid court Reach an agreement and control the outcome - without going to court. Resolve disputes faster and at lower cost through negotiation, Family Dispute Resolution, and mediation. Mediation & Negotiation](https://thefamilylawyer.com.au/services/mediation-and-settlement/)[Agreement I need a financial agreement Document financial arrangements before, during or after a relationship. A Binding Financial Agreement gives certainty about what belongs to whom - whether you're starting a relationship or ending one. Binding Financial Agreements](https://thefamilylawyer.com.au/services/binding-financial-agreements/)[Agreement We have agreed and need it documented Turn agreement into clear, enforceable and properly drafted documents. Consent Orders](https://thefamilylawyer.com.au/services/consent-orders/)[Children I need advice about child support Understand assessments, agreements, expenses, care percentages and practical arrangements. Child Support](https://thefamilylawyer.com.au/services/child-support/)[Finance I need financial support Assess need, capacity, urgency and financial evidence. Spousal Maintenance](https://thefamilylawyer.com.au/services/spousal-maintenance/)[Protection I need help with an intervention order Get urgent advice about family violence intervention orders, court attendance, conditions, safety and your legal position. Intervention Orders](https://thefamilylawyer.com.au/services/intervention-orders/)[Estate I need a will Separation is a turning point. Review wills, powers of attorney and estate planning arrangements after separation, divorce or a significant change in your life. Protect your wishes, appoint trusted decision-makers and plan for your family's future. Wills & Estate Planning](https://thefamilylawyer.com.au/services/estate-planning/)[Conveyancing I am buying or selling property Whether you're purchasing, selling, or transferring real estate after a family law settlement, get expert advice and assistance to manage the conveyancing process from contract to completion. Conveyancing](https://thefamilylawyer.com.au/services/conveyancing/) [View all 12 services →](https://thefamilylawyer.com.au/services/) Why clients choose us Why Choose Our Glen Iris Family Lawyers? Our Glen Iris legal team focuses on practical legal solutions tailored to each client’s circumstances. Family law matters often require more than legal knowledge; they require strategic guidance, realistic advice and clear communication at every stage. Transparent communication and personalised legal advice Practical negotiation strategies Mediation support where appropriate Court representation when required Our Glen Iris office assists clients across Melbourne's inner east and south-east, including Hawthorn East, Camberwell, Burwood, Malvern, Malvern East, Ashburton and Ashwood. The Glen Iris office is a convenient option for clients who want family law advice close to home, with easy access from established inner-east neighbourhoods and nearby south-east suburbs. ## Melbourne CBD Family Lawyers | Practical Family Law Advice Source: https://thefamilylawyer.com.au/locations/melbourne/ Family Law · Melbourne CBD Melbourne Family Lawyers Specialist family law in the heart of the city. Get practical advice about parenting, property settlement or divorce at Level 11, 456 Lonsdale Street, Melbourne, or meet by phone or video. - Melbourne CBD Level 11, 456 Lonsdale Street, Melbourne VIC 3000 · Monday to Friday 9:00am - 5:00pm - Visit our office The Family Lawyer Melbourne CBD. Address Level 11, 456 Lonsdale Street Melbourne VIC 3000 Phone 1300 111 835 Hours Monday to Friday 9:00am - 5:00pm Parking Secure Parking operates at 460 Lonsdale Street. Check current opening hours and rates with the operator. Transit Plan your trip to 456 Lonsdale Street with Transport Victoria. Confirm the station, stop and walking route for your departure point. Family law advice in Melbourne CBD Clear advice for your next step Whether you are working through separation, making arrangements for children or dividing property, we explain your options and help you decide what to do next. Our team can assist with advice, negotiation and court representation where needed. Arrange an office, phone or video appointment to discuss your circumstances. Family law services in Melbourne Every family law matter, in one practice. [Separation My partner and I are separating Know your rights from day one. Understand your immediate obligations, protect your position, and get clear on the path ahead. Separation & Divorce](https://thefamilylawyer.com.au/services/separation-and-divorce/)[Children I need parenting arrangements Put a plan in place for your children. Get workable care and decision-making arrangements that protect your children's wellbeing - and your relationship with them. Parenting Arrangements](https://thefamilylawyer.com.au/services/parenting-arrangements/)[Property I need to divide property Divide assets, debts and superannuation and move forward with confidence. Understand what you're entitled to, what your disclosure obligations are, and reach a settlement that feels right - and is legally binding. Property Settlement](https://thefamilylawyer.com.au/services/property-settlement/)[Court I have received court documents If you've received court documents, time is critical. Get clear on your obligations, options, and next steps. Court Documents & Urgent Advice](https://thefamilylawyer.com.au/services/court-documents-urgent-advice/)[Mediation I want to avoid court Reach an agreement and control the outcome - without going to court. Resolve disputes faster and at lower cost through negotiation, Family Dispute Resolution, and mediation. Mediation & Negotiation](https://thefamilylawyer.com.au/services/mediation-and-settlement/)[Agreement I need a financial agreement Document financial arrangements before, during or after a relationship. A Binding Financial Agreement gives certainty about what belongs to whom - whether you're starting a relationship or ending one. Binding Financial Agreements](https://thefamilylawyer.com.au/services/binding-financial-agreements/)[Agreement We have agreed and need it documented Turn agreement into clear, enforceable and properly drafted documents. Consent Orders](https://thefamilylawyer.com.au/services/consent-orders/)[Children I need advice about child support Understand assessments, agreements, expenses, care percentages and practical arrangements. Child Support](https://thefamilylawyer.com.au/services/child-support/)[Finance I need financial support Assess need, capacity, urgency and financial evidence. Spousal Maintenance](https://thefamilylawyer.com.au/services/spousal-maintenance/)[Protection I need help with an intervention order Get urgent advice about family violence intervention orders, court attendance, conditions, safety and your legal position. Intervention Orders](https://thefamilylawyer.com.au/services/intervention-orders/)[Estate I need a will Separation is a turning point. Review wills, powers of attorney and estate planning arrangements after separation, divorce or a significant change in your life. Protect your wishes, appoint trusted decision-makers and plan for your family's future. Wills & Estate Planning](https://thefamilylawyer.com.au/services/estate-planning/)[Conveyancing I am buying or selling property Whether you're purchasing, selling, or transferring real estate after a family law settlement, get expert advice and assistance to manage the conveyancing process from contract to completion. Conveyancing](https://thefamilylawyer.com.au/services/conveyancing/) [View all 12 services →](https://thefamilylawyer.com.au/services/) Why clients choose us Why Choose Our Melbourne Family Lawyers? Our Melbourne legal team focuses on practical legal solutions tailored to each client’s situation. Family law matters often require more than technical legal advice; they require clear communication, strategic planning and realistic guidance. Clear communication and personalised legal advice Practical dispute resolution strategies Support with negotiation and mediation, where appropriate Court representation where necessary Our Melbourne CBD office serves the city and inner-city suburbs. Arrange an appointment at our Lonsdale Street office. If you are attending court, check the court location and your attendance instructions separately. # Our people ## Alexandra Monti | Practice Manager at The Family Lawyer Source: https://thefamilylawyer.com.au/team/alexandra-monti/ Alex helps clients feel supported and informed from their first contact, coordinating the people, systems and service standards that ensure exceptional service is delivered throughout every matter. - The Family Lawyer · Team Alexandra Monti Role Practice Manager Alexandra Monti is a strategic leader with extensive experience in organisational development, people leadership, coaching and client experience. As Practice Manager at The Family Lawyer, she works across the firm to foster a high-performance culture built on professionalism, accountability and care. Within the family law environment, Alex plays a pivotal role in ensuring that staff and clients receive support during some of the most challenging and emotionally significant periods of their lives. She is committed to creating systems, processes and service standards that support clients with empathy, dignity and confidence throughout their journey. Alex brings a unique combination of executive leadership expertise and deep insight into human behaviour. As an internationally recognised Master Trainer of Neuro-Linguistic Programming and Coaching, she has spent many years helping individuals and teams navigate complex challenges, strengthen communication, build resilience and achieve meaningful outcomes. Known for her authentic leadership style, strategic thinking and ability to bring people together, Alex works closely with the firm's leadership team to strengthen culture, enhance performance and drive continuous improvement. Her passion lies in empowering people, developing high-performing teams and creating an environment where both clients and staff can move forward with clarity, confidence and purpose. Experience Practice management, team performance, strategic growth and operational direction Internationally trained in Neuro-Linguistic Programming and coaching Trainer, speaker, presenter and private coach across communication, confidence and mindset Helping individuals navigate periods of personal change and overcome limiting beliefs Client service standards, internal process design and people development Organisational development and culture-building inside professional services ## Betty | The Family Lawyer's Chief Happiness Officer Source: https://thefamilylawyer.com.au/team/betty/ - The Family Lawyer · Team Betty, Chief Happiness Officer Role Chief Happiness Officer Betty is the firm's black Labrador and an integral part of the workplace, providing calm, comfort and a steady presence to staff and the people who visit us. With a remarkable ability to ease tension, she helps create an environment where people feel welcome and supported from the moment they arrive. Her gentle nature and consistent reliability make her a valued member of the team. Before joining the firm, Betty gained experience in social and community settings where she developed strong instincts for reading emotions and offering quiet reassurance. These natural skills translate seamlessly into the office, where she provides grounding support during challenging matters and brings a sense of balance to fast-paced days. She approaches her role with focus, warmth and an intuitive understanding of when someone needs her nearby. Betty manages several important responsibilities, including office morale, scheduled walk reminders and quality control of snack breaks. She is known for her professionalism, friendly greetings and ability to bring a moment of calm to even the busiest days. Her playful energy, paired with her attentive presence, helps staff stay centred and people feel at ease. Outside her office duties, Betty enjoys outdoor adventures, meeting new friends and maintaining strong community engagement through regular neighbourhood visits. She brings joy, stability and genuine companionship to the firm, contributing to a positive workplace culture and offering support in a way only a trusted four-legged colleague can. Experience Office morale and team support Scheduled walk reminders Quality control of snack breaks Friendly greetings and quiet reassurance during difficult moments ## Christian Bolog | Principal | The Family Lawyer Source: https://thefamilylawyer.com.au/team/christian-bolog/ "A heartfelt thank you to Kristdel, Christian and the team. Thanks to you all, we get a very special someone back in our lives. It was an extremely difficult case (in more ways than one) - but you grabbed the bull by its horns and gave it everything you had and we walked out with an exceptional result. The late nights and early mornings were never too hard for you guys and our family will be forever grateful for your help!" Google Review Google rating - The Family Lawyer · Team Christian Bolog Role Principal Christian Bolog is a principal whose work brings together family law, commercial judgment, intervention order experience and property law insight. He holds a Juris Doctor and a Master of Business Administration, giving the firm operational and commercial depth as well as legal capability. Christian is known for his structured, decisive approach and his ability to bring order to matters involving heightened conflict, urgency or complexity. Christian brings a unique perspective to his work, having experienced family law both professionally and personally. As a parent and someone who has previously been a family law client, he understands the emotional, financial and practical pressures that arise when families are navigating legal disputes. This insight informs the way he advises people, ensuring his guidance is grounded not only in legal expertise, but also in an understanding of the realities families face. Christian is driven by the opportunity to assist individuals and families at critical points in their lives, where clear advice, strong advocacy and careful planning can significantly affect long-term outcomes. He prioritises clarity and structure, helping people understand their position, available options and the steps ahead, so they can make informed decisions with confidence. People value Christian's calm, direct communication style and his ability to remain focused and responsive in high-conflict situations. Guided by integrity, accountability and transparency, he ensures people feel heard, supported and informed throughout the legal process. His approach balances legal precision with commercial and practical considerations, providing realistic, solution-focused advice tailored to each person's circumstances. Experience Complex family law disputes, particularly high-conflict parenting and property matters Intervention order proceedings, including urgent and contested applications Commercial and property law matters intersecting with family law disputes Strategic dispute management, integrating legal, commercial and practical considerations Matters requiring decisive action, clear planning and structured resolution pathways Service in the Australian Defence Force, including two tours of duty in East Timor - shaping his disciplined, composed and decisive professional approach Prior experience in finance and consulting, including work with large international firms, providing strong foundations in governance, strategy and stakeholder management Advising business owners and professionals, integrating legal advice with commercial, property and strategic considerations Managing high-conflict and urgent matters, where calm judgment, structure and accountability are critical to outcomes ## Eloise Pearce | Family Law Legal Support Specialist Source: https://thefamilylawyer.com.au/team/eloise-pearce/ - The Family Lawyer · Team Eloise Pearce Role Legal Assistant Eloise Pearce is a law graduate who supports the legal team across family law, property law, and wills and estates. She holds a double degree in Law and International Studies from Deakin University and is currently completing her Practical Legal Training with the firm through the College of Law. Eloise provides legal and administrative support to The Family Lawyer team, to ensure a smooth and efficient progression of files. Eloise was drawn to family law because of its highly client-focused nature and the opportunity to support people during some of the most vulnerable and emotionally challenging periods of their lives. She understands the importance of care, sensitivity and professionalism when assisting people who may be experiencing stress or uncertainty, and is motivated by the ability to help people navigate complex legal issues in a supportive and respectful way. Her approach is grounded in empathy, patience and clear communication. People and colleagues value her approachable manner, reliability and attention to detail, as well as her commitment to following up promptly and ensuring information is conveyed accurately and respectfully. She brings strong organisational skills, careful attention to detail and the ability to manage competing priorities in a fast-paced environment. Her work reflects a calm, thoughtful and dependable approach, particularly in sensitive family law matters where reassurance and professionalism are essential. Experience Family law matter support Property law and conveyancing support Wills and estates support Practical Legal Training through the College of Law Client-facing communication - calm, sensitive, professional ## Eunice Huang | Legal Assistant at The Family Lawyer Source: https://thefamilylawyer.com.au/team/eunice/ - The Family Lawyer · Team Eunice Huang Role Legal Assistant Eunice is a law student at Monash University pursuing a Bachelor of Laws (Honours) and Arts. She has completed an APAC-accredited major in Psychology and is currently in her fourth year of her studies. Eunice has a strong passion for pursuing family law and has had prior experience across motor recoveries, with a strong background in client communication and legal support. She is committed to delivering professional, client-focused support and approaches her work with empathy, diligence, and attention to detail. Outside of work, Eunice enjoys spending time with friends, watching movies, and baking - a combination of focused work and community time that informs the calm, patient approach she brings to the firm's day-to-day matter support. Experience Studying Bachelor of Laws (Honours) and Arts at Monash University APAC-accredited major in Psychology Prior experience across motor recoveries Client communication and legal support Day-to-day matter support and administration ## Evan Gainsford | Family Lawyer & Mediator Source: https://thefamilylawyer.com.au/team/evan-gainsford/ "I have 45 mins good chat with Lawyer Evan Gainsford Boronia Office. He is very nice easy to talk, efficiency, also I really impressed with his honesty and the strategy advised. Really good experience more than my expectations. Thank you Lawyer Evan Gainsford." Google Review Google rating - The Family Lawyer · Team Evan Gainsford Role Lawyer Evan Gainsford is a family lawyer with a broad professional background across family services, bringing experience as a schoolteacher, family mediator and solicitor. His focus is on parenting and property matters, where he is known for his calm, considered approach to complex and high-conflict family law issues. Evan provides structured, practical guidance to help people navigate difficult transitions with clarity and confidence. Evan's commitment to family law is informed by his experience working within the public service in family violence and child welfare. This background has given him a deep understanding of the impact legal disputes can have on children and families, particularly where safety concerns or significant change are involved. He approaches each matter with sensitivity and a strong focus on maintaining dignity and respect for all parties. People value Evan's ability to explain legal processes clearly and reduce uncertainty during what is often one of the most challenging periods of their lives. He takes the time to ensure people understand their options, the likely path forward and the practical steps required. His calm and approachable manner helps create a sense of stability, even in high-conflict or emotionally charged situations. Guided by professionalism, organisation and timely communication, Evan combines structured legal advice with warmth and approachability. He is committed to providing realistic, solution-focused guidance and supporting people through informed decision-making, particularly where the wellbeing of children is at risk. Experience Parenting matters and family violence-affected disputes Property and financial settlements Family Dispute Resolution preparation and practice Public-service experience in family violence and child welfare Schoolteacher and family mediator background - practical insight into families ## Jenny Nguyen | Lawyer | The Family Lawyer Source: https://thefamilylawyer.com.au/team/jenny-nguyen/ "We recently sought legal advice and assistance in seeking Grant of Probate for a family member's Will. Jenny from The Family Lawyer helped us navigate smoothly and successfully through this process, which to us, had become a little overwhelming. Jenny was very professional, friendly and supportive. It was great dealing with her and we felt like a weight had been taken off our shoulders. We are very grateful for their assistance." Google Review Google rating - The Family Lawyer · Team Jenny Nguyen Role Lawyer Jenny Nguyen is a lawyer practising predominantly in Family Law and Estate Planning. She holds a Bachelor of Laws from Australian Catholic University. She is known for her thoughtful, client-focused approach and her ability to guide people through emotionally challenging matters with clarity and care. Jenny is motivated by the opportunity to support people during some of the most difficult periods of their lives. She understands that family law and estate matters often arise during times of stress, uncertainty or loss, and she strives to provide the level of care and understanding she would expect herself. Her approach is grounded in empathy, patience and respect for each person's individual circumstances. People and colleagues value Jenny's calm and clear communication style, particularly in high-pressure situations. She takes the time to understand both the legal and personal aspects of each matter, explaining complex processes in manageable steps so people feel informed and confident in the decisions they make. Her approachable manner, thorough preparation and willingness to assist are consistently recognised by those she works with. Guided by honesty and transparency, Jenny is committed to ensuring people feel heard and supported throughout the legal process. She brings valuable insight from her experience as an Associate to a Senior Judicial Registrar at the Federal Circuit and Family Court of Australia, which has provided her with a strong foundation in court processes and family law procedure. Jenny is also committed to improving access to legal assistance, regularly supporting members of the Vietnamese community who may otherwise face barriers to legal services. Experience Family law parenting and property matters Estate planning - wills, powers of attorney, succession planning Court procedure and litigation support - informed by Associate experience at the Federal Circuit and Family Court of Australia Access to legal services for the Vietnamese community Thoughtful client-focused communication in complex matters ## Kristdel Bolog | Family Law Specialist Lawyer & Legal Advisor Source: https://thefamilylawyer.com.au/team/kristdel-bolog/ "I cannot recommend Kristdel Bolog enough - her honesty and integrity shine through in every interaction. She provided helpful advice with compassion and a genuine concern for my well-being. Her selfless dedication to guiding me in getting the best outcome is truly commendable. A standout professional in the field!" Google Review Google rating - The Family Lawyer · Team Kristdel Bolog Role Principal · Accredited Family Law Specialist Kristdel Bolog is an Accredited Family Law Specialist and partner, recognised for her expertise in complex and high-conflict family law matters. She holds extensive postgraduate and executive qualifications across law, business leadership and property, including a Master of Legal Business, Graduate Fellowship with the College of Law, Bachelor of Laws, Bachelor of Criminology, Graduate Diploma of Legal Practice, Graduate Certificate in Business Administration (Executive), and a Certificate IV in Property Services. This breadth of training enables Kristdel to provide technically rigorous advice while also addressing the commercial, structural and long-term realities that arise from separation. Kristdel practises across all core areas of family law, with a principal focus on complex parenting matters. She is regularly engaged in cases involving allegations of family violence, coercive control and entrenched litigation dynamics, where careful balance is required between child safety, evidentiary rigour and the preservation of meaningful parent-child relationships. Her work frequently involves matters where legal issues intersect with psychological and relational considerations, requiring a disciplined and highly strategic approach. Kristdel's commitment to family law is grounded in an acute awareness of the lasting consequences this jurisdiction carries. She understands that decisions made in family law shape children's development, financial security, housing stability and an individual's sense of dignity and autonomy. Her role is both advocate and stabilising influence, guiding people from uncertainty toward informed decision-making while minimising unnecessary harm to children and families. Her approach is trauma-aware, structured and evidence based. Kristdel focuses on containing conflict early, providing candid and realistic advice about legal risk and likely outcomes, and ensuring emotional distress does not drive legal strategy. People value her honesty, clarity and calm authority, as well as her ability to use humour appropriately to defuse tension and humanise an otherwise overwhelming process. Guided by empathy, accountability and respect, she practises principled, composed advocacy grounded firmly in facts rather than narrative or reactivity. Recognition 2025 Published award · Lawyer Monthly Family Law Lawyer of the Year – Australia Recognised in the 2025 Lawyer Monthly Legal Awards. [Publisher source →](https://legalawards.lawyer-monthly.com/editions/2025/18-19/) 2024 Published award · APAC Insider Family Law Advocate of the Year 2024 (South East Australia) Recognised in the APAC Legal Awards 2024. [Publisher source →](https://apacinsider.digital/issues/apac-legal-awards-2024/16/) Experience Complex parenting disputes, particularly high conflict matters involving allegations of family violence or coercive control Protracted litigation, requiring disciplined evidence management and strategic containment of escalation Child-focused matters, balancing safety, psychological considerations and the preservation of meaningful parent-child relationships Property settlements and financial agreements, informed by strong commercial and structural insight Leadership of a specialist family law practice, including mentoring junior practitioners and setting firm-wide standards for ethical advocacy and rigorous preparation ## Rebecca Heng | Family Lawyer | The Family Lawyer Source: https://thefamilylawyer.com.au/team/rebecca-heng/ - The Family Lawyer · Team Rebecca Heng Role Lawyer Rebecca is a family lawyer practising in litigation and client advocacy, with a focus on complex parenting and financial matters. She holds a Bachelor of Commerce, a Bachelor of Commerce (Honours in Marketing) from Deakin University, and a Juris Doctor from RMIT University. Rebecca is known for her sharp legal insight, thorough preparation and commitment to guiding people through difficult matters with confidence and care. Rebecca's background before law includes working as a business analyst, where she developed strong analytical, organisational and problem-solving skills. These skills translate directly into her legal practice, particularly in managing complex information, preparing detailed documentation and approaching matters with precision. Her ability to combine structured analysis with clear legal reasoning allows her to navigate complex family law disputes effectively. Rebecca is passionate about supporting people through emotionally complex family law matters with clarity, empathy and practical advice. She takes the time to listen carefully, understand each person's circumstances and explain the legal process in a way that is accessible and manageable. People value her attentive communication style and her ability to provide steady, informed guidance during periods of uncertainty. Guided by integrity and compassion, Rebecca is committed to providing honest and transparent advice while remaining sensitive to the emotional challenges people face. She brings professionalism, diligence and a strong work ethic to every matter, ensuring people feel informed, respected and supported throughout the legal process. Her approach balances technical precision with genuine care for wellbeing. Experience Complex parenting and financial matters in litigation Detailed documentation and analytical case preparation Client advocacy in disputed and contested matters Pre-law background as a business analyst - analytical and structured problem-solving Honest, empathetic communication through emotionally complex matters # Resources ## Family Law Resources & Client Downloads Source: https://thefamilylawyer.com.au/resources/ Family law downloads Practical guides and official resources to help you prepare for separation, parenting, property settlement, disclosure, court processes and your first appointment. Downloadable support Family Law Guides and Resources. Use these downloads as general information and preparation support. If you have urgent court dates, safety concerns or deadlines, call us directly. The Family Lawyer Family law journey guide A broad orientation guide for new clients preparing for the first steps in a family law matter. [Download family law journey guide →](https://thefamilylawyer.com.au/downloads/client-guides/family-law-journey-guide.pdf) The Family Lawyer Practical tips to reduce legal costs Simple preparation habits that can help clients use their lawyer's time more efficiently. [Download practical tips to reduce legal costs →](https://thefamilylawyer.com.au/downloads/client-guides/reduce-legal-costs-guide.pdf) Federal Circuit and Family Court of Australia Marriage, families and separation Official court information about separation, support services, court pathways and family dispute resolution. [Download marriage, families and separation →](https://thefamilylawyer.com.au/downloads/client-guides/fcfcoa-marriage-families-and-separation.pdf) The Family Lawyer Financial disclosure guide What disclosure means, why it matters, and the documents commonly needed in property settlement. [Download financial disclosure guide →](https://thefamilylawyer.com.au/downloads/client-guides/financial-disclosure-guide.pdf) Federal Circuit and Family Court of Australia Pre-action procedure for financial cases Official court information about steps usually expected before filing a financial or property case. [Download pre-action procedure for financial cases →](https://thefamilylawyer.com.au/downloads/client-guides/fcfcoa-pre-action-financial-cases.pdf) [Official source](https://www.fcfcoa.gov.au/fl/pubs/pre-action-financial) Australian Psychological Society Parenting after separation Psychology-informed guidance about routines, communication, conflict reduction and children's wellbeing. [Download parenting after separation →](https://thefamilylawyer.com.au/downloads/client-guides/aps-parenting-after-separation.pdf) [Official source](https://psychology.org.au/for-the-public/psychology-topics/parenting/parenting-after-separation) Australian Psychological Society Parenting after separation and family violence Psychology-informed guidance for supporting children where separation and family violence intersect. [Download parenting after separation and family violence →](https://thefamilylawyer.com.au/downloads/client-guides/aps-parenting-after-separation-family-violence.pdf) [Official source](https://psychology.org.au/for-the-public/psychology-topics/parenting/parenting-after-separation-family-violence) Federal Circuit and Family Court of Australia Family violence information sheet Official information for family law proceedings where family violence is alleged or experienced. [Download family violence information sheet →](https://thefamilylawyer.com.au/downloads/client-guides/fcfcoa-family-violence-information-sheet.pdf) [Official source](https://www.fcfcoa.gov.au/fl/pubs/fv-info-sheet) These downloads are general information only. Your next step depends on your circumstances. # Services ## Family & Divorce Lawyers Across Melbourne & Glen Iris Source: https://thefamilylawyer.com.au/services/ Family Law Services · Melbourne Find the right starting point Control what happens next. Choose your situation Your situation is unique. Your solution should be too. [Separation My partner and I are separating Know your rights from day one. Understand your immediate obligations, protect your position, and get clear on the path ahead. Separation & Divorce](https://thefamilylawyer.com.au/services/separation-and-divorce/)[Children I need parenting arrangements Put a plan in place for your children. Get workable care and decision-making arrangements that protect your children's wellbeing - and your relationship with them. Parenting Arrangements](https://thefamilylawyer.com.au/services/parenting-arrangements/)[Property I need to divide property Divide assets, debts and superannuation and move forward with confidence. Understand what you're entitled to, what your disclosure obligations are, and reach a settlement that feels right - and is legally binding. Property Settlement](https://thefamilylawyer.com.au/services/property-settlement/)[Court I have received court documents If you've received court documents, time is critical. Get clear on your obligations, options, and next steps. Court Documents & Urgent Advice](https://thefamilylawyer.com.au/services/court-documents-urgent-advice/)[Mediation I want to avoid court Reach an agreement and control the outcome - without going to court. Resolve disputes faster and at lower cost through negotiation, Family Dispute Resolution, and mediation. Mediation & Negotiation](https://thefamilylawyer.com.au/services/mediation-and-settlement/)[Agreement I need a financial agreement Document financial arrangements before, during or after a relationship. A Binding Financial Agreement gives certainty about what belongs to whom - whether you're starting a relationship or ending one. Binding Financial Agreements](https://thefamilylawyer.com.au/services/binding-financial-agreements/)[Agreement We have agreed and need it documented Turn agreement into clear, enforceable and properly drafted documents. Consent Orders](https://thefamilylawyer.com.au/services/consent-orders/)[Children I need advice about child support Understand assessments, agreements, expenses, care percentages and practical arrangements. Child Support](https://thefamilylawyer.com.au/services/child-support/)[Finance I need financial support Assess need, capacity, urgency and financial evidence. Spousal Maintenance](https://thefamilylawyer.com.au/services/spousal-maintenance/)[Protection I need help with an intervention order Get urgent advice about family violence intervention orders, court attendance, conditions, safety and your legal position. Intervention Orders](https://thefamilylawyer.com.au/services/intervention-orders/)[Estate I need a will Separation is a turning point. Review wills, powers of attorney and estate planning arrangements after separation, divorce or a significant change in your life. Protect your wishes, appoint trusted decision-makers and plan for your family's future. Wills & Estate Planning](https://thefamilylawyer.com.au/services/estate-planning/)[Conveyancing I am buying or selling property Whether you're purchasing, selling, or transferring real estate after a family law settlement, get expert advice and assistance to manage the conveyancing process from contract to completion. Conveyancing](https://thefamilylawyer.com.au/services/conveyancing/) What to expect Your first appointment, step by step. Most people move from first call to confirmed appointment in a business day or two. Here is what to expect between picking up the phone and walking out with a clear plan. 01 We listen You explain what has happened, what is worrying you and what you would like to achieve. We listen, without judgment and with empathy. 02 We triage We identify what is urgent, what can wait, and whether there are deadlines, safety issues or risks that need to be handled today. 03 We advise We explain your rights, options and the legal pathways available, including what they would involve, timeframes and costs. 04 We plan Now that we understand your situation and goals, we develop a strategy aligned with your priorities, your legal position and the outcome you are working towards. 05 You know You leave knowing where you stand, what your options are and what needs to happen next - with clear guidance on cost, timing and strategy. Frequently asked questions Advice from our family law team. What clients say Trusted through life's hardest moments. ★★★★★From our Google reviews ★★★★★ "Excellent and stress-free representation - could not recommend more highly." Kristian S. ★★★★★ "Honesty and integrity shine through in every interaction. Helpful advice with compassion and genuine concern for my well-being." Jan M. ★★★★★ "Outstanding throughout my financial separation. They made it easy to understand - I knew I was in good hands." Christeen H. ★★★★★ "I had an incredibly difficult case, and they achieved the best possible outcome for me. I can't recommend them highly enough." Gregory M. LIV Accredited Specialist [Kristdel Bolog · 2025 Family Law Lawyer of the Year – Australia](https://thefamilylawyer.com.au/about/#recognition) Melbourne · Glen Iris · Boronia · Dandenong ### Frequently asked questions #### Do I need court proceedings? Not always. Many family law matters can be resolved through negotiation, Family Dispute Resolution, mediation, consent orders or financial agreements. Court may be necessary where urgent orders are required, there are safety concerns, disclosure issues, asset protection concerns, relocation issues, or where agreement cannot be reached. We will advise you on the most appropriate pathway for your circumstances. #### Can we formalise an agreement we have already reached? Yes. If you have reached an agreement, we can help you document it properly so that it is practical and legally appropriate. Depending on the issues involved, this may be done through consent orders, a parenting plan, a child support agreement or a binding financial agreement. #### How do I reduce legal costs? You can reduce costs by being organised, providing documents electronically, consolidating questions, responding promptly, following advice and focusing on the issues that matter most. Using negotiation, mediation or other dispute resolution options where appropriate can also help. We will work with you to identify the most efficient approach while ensuring your legal position is protected. ## Binding Financial Agreements (BFAs) | The Family Lawyer Source: https://thefamilylawyer.com.au/services/binding-financial-agreements/ Binding Financial Agreements Plan your financial arrangements with clear advice. A binding financial agreement can set out financial arrangements before, during or after a relationship. We help you understand your options, the independent advice requirements and the risks before you decide whether to sign. - Available Before, during or after - Independent advice Required for each party - Can cover Property, super, maintenance - Risk when Position not disclosed What a binding financial agreement means. A binding financial agreement is a private legal arrangement that can deal with how property, financial resources or maintenance will be managed if a relationship ends or has already ended. Financial agreements can be made before, during or after a marriage or de facto relationship and are often used for asset protection, family wealth planning or post-separation settlement. Independent legal advice is required. A financial agreement should not be signed unless each party has received independent legal advice about the effect of the agreement and the advantages and disadvantages of entering into it. Disclosure is strongly recommended. Financial disclosure helps each party understand the proposed agreement. Non-disclosure of a material matter can be relevant to a Court challenge. If a party does not properly understand the other party's financial position, the agreement may be more vulnerable to challenge. Disclosure should usually include assets, liabilities, income, superannuation, business interests, trusts, companies, inheritances, loans and other financial resources. Our approach Financial Agreements require technical precision. A Binding Financial Agreement is only as strong as the care taken in preparing it. Poor drafting, inadequate disclosure, procedural errors or pressure at the time of signing are issues that can arise when agreements are challenged - often years after they were signed. Relationship-stage advice. We advise on agreements before, during or after marriage or de facto relationships - each stage has different rules. Asset protection focus. We help identify the financial interests that need careful treatment in the drafting. Consent order comparison. We help you understand whether a BFA or another pathway may be more suitable for your situation. Careful execution. We guide the signing and advice process so the strict procedural requirements are properly met. How it works The Binding Financial Agreement process. Every financial agreement depends on the relationship stage, asset structure, level of disclosure, timing and purpose of the agreement. 01 Identify the purpose Clarify whether the agreement is being considered before, during or after a relationship. 02 Review financial circumstances Consider assets, liabilities, superannuation, businesses, trusts, income and financial resources. 03 Assess risks & alternatives Consider whether a BFA is suitable, or whether consent orders may be more appropriate. 04 Draft or review the agreement Prepare the agreement (or review proposed terms) with careful attention to risk and enforceability. 05 Independent legal advice Explain the effect of the agreement and the advantages and disadvantages before signing. 06 Formalise & move forward Complete the agreement and advice process, retain the documents and understand when a change in circumstances may call for further advice. In more detail What you should know. Three issues decide whether a financial agreement actually does its job - and each one is usually tested years after the document is signed. Independent legal advice is not a formality. Each party must receive independent legal advice from their own lawyer before signing - about the effect of the agreement on their rights and the advantages and disadvantages of entering into it. One lawyer cannot advise both parties. Why it matters The advice requirements go to whether the agreement is binding at all. Each lawyer usually provides a signed statement confirming the advice was given, and a copy is generally provided to the other party or their lawyer. The wedding-pressure problem Agreements signed shortly before a wedding are more vulnerable to claims of duress, undue influence or unconscionable conduct - particularly where one party believed the wedding would not proceed unless they signed. Build in time for Full financial disclosure Independent advice for each party Questions & proposed amendments Exchange of the final document Signing free of pressure The lawyers' signed statements Key point Start early - if the wedding is imminent, it may be safer to defer the agreement and make it during the marriage instead. When an agreement can be set aside - or needs updating. An agreement is not set aside merely because one party later regrets signing it or considers it unfair. But the Court keeps the power to set a financial agreement aside on specific grounds. The recognised grounds These include fraud (including non-disclosure of a material matter), conduct making the agreement void, voidable or unenforceable, impracticability, a material change in circumstances relating to a child that causes hardship, and certain superannuation issues. Changing it later A financial agreement cannot be varied informally by emails or verbal arrangements. Ending or replacing it generally requires a properly drafted termination agreement or a new financial agreement - with independent legal advice again. Common challenge grounds Fraud or material non-disclosure Duress or undue influence Unconscionable conduct Defeating creditors' interests Impracticability since signing Child-related change causing hardship Key point Review the agreement when major life events occur - especially the birth of children - so it can be replaced if it no longer works. BFA or consent orders - two different tools. Both can formalise financial arrangements, but they operate in different ways - and the right choice depends on your relationship stage and what you are trying to achieve. Consent orders Orders made by the Court after the parties reach agreement, usually after separation. The Court must be satisfied the property orders are just and equitable before making them, and once made they are enforceable Court orders. Financial agreements A private contract that is not approved by the Court when it is made and is not required to be fair. That is why the drafting, disclosure, advice and signing process carry so much weight. A BFA may suit where you want to Agree before marriage or cohabitation Quarantine pre-relationship assets Protect family wealth & inheritances Deal with business or trust interests Contract out of future claims Keep arrangements private Key point After separation, consent orders are often the more appropriate pathway for a final property settlement - we help you compare both before you commit. Frequently asked questions Advice from our family law team. What clients say Trusted through life's hardest moments. ★★★★★From our Google reviews ★★★★★ "Excellent and stress-free representation - could not recommend more highly." Kristian S. ★★★★★ "Honesty and integrity shine through in every interaction. Helpful advice with compassion and genuine concern for my well-being." Jan M. ★★★★★ "Outstanding throughout my financial separation. They made it easy to understand - I knew I was in good hands." Christeen H. ★★★★★ "I had an incredibly difficult case, and they achieved the best possible outcome for me. I can't recommend them highly enough." Gregory M. LIV Accredited Specialist [Kristdel Bolog · 2025 Family Law Lawyer of the Year – Australia](https://thefamilylawyer.com.au/about/#recognition) Melbourne · Glen Iris · Boronia · Dandenong Our Offices Family law support across Melbourne. Choose the office that best suits your matter, travel and appointment preference. Every location connects to the same specialist family law team. [Melbourne CBD Level 11, 456 Lonsdale St Melbourne VIC 3000](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xdf9ec37d4a5bc319?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Glen Iris 7/431 Burke Road Glen Iris VIC 3146](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xe8e927aa5a2b0cec?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Boronia 6/5-7 Chandler Road Boronia VIC 3155](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0x5f5ddc937adef1bd?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Dandenong Level 10, 14 Mason Street Dandenong VIC 3175](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xac11e2bff53ef510?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 ### Frequently asked questions #### What can a Binding Financial Agreement cover? A financial agreement can deal with property, financial resources, liabilities, superannuation and spousal maintenance - including how assets will be retained or divided if the relationship ends. Parenting arrangements and child support are generally dealt with separately, through parenting plans, parenting orders or child support arrangements. #### When can a Binding Financial Agreement be made? For married couples, a financial agreement may be made before marriage, during marriage or after divorce. For de facto couples, it may be made before, during or after the relationship. The correct legal basis depends on your circumstances, so relationship status and timing should be confirmed before drafting begins. #### Can a Binding Financial Agreement prevent future property claims? A properly prepared agreement can limit or prevent future property and spousal maintenance claims in relation to the matters it covers, provided it is binding and has not been set aside. That protection depends on the quality of the drafting, the disclosure and the circumstances of signing - generic or rushed agreements are rarely suitable. #### Can de facto and same-sex couples make financial agreements? Yes. The Family Law Act allows financial agreements between de facto partners, including same-sex couples, before, during or after the relationship. Some additional requirements apply - including where the parties ordinarily live - so advice should be obtained on the correct framework. #### Do we need to do anything at separation for the agreement to operate? Usually, yes. For most agreements made before or during a relationship, a separation declaration generally needs to be signed before the agreement takes effect in relation to property or maintenance - stating that the parties have separated and there is no reasonable likelihood of resuming cohabitation. #### Can a financial agreement release future spousal maintenance? Yes - usually after separation, in exchange for a satisfactory property settlement, as a financial "clean break". A maintenance release may not be effective if the party giving it up cannot support themselves without an income-tested pension, allowance or benefit, so specific advice is needed. #### Are there situations where a financial agreement may not be appropriate? Yes. A financial agreement may not be appropriate for couples intending to have children, where neither party has significant assets, where it one-sidedly quarantines all of one party's wealth, or where it is being prepared shortly before a wedding. Part of our role is to advise against an agreement where that is our honest assessment. #### What happens to a financial agreement if one of us dies? A binding financial agreement continues to operate despite the death of a party and binds that party's personal representative. It is generally sensible for both parties to keep Wills that are consistent with the agreement's terms. ## Child Support Lawyer Melbourne | Family Law Firm Source: https://thefamilylawyer.com.au/services/child-support/ Child Support Clear advice on assessments, agreements and arrangements. Understand how child support works, how it connects with parenting arrangements, and when private agreements may be appropriate. - Usually assessed by Services Australia - Considers Income & care % - Private agreements Can be made - Separate from Property settlement What child support means. Child support is financial support paid by one parent to the other after separation to contribute to the costs of raising children. In most cases, it is assessed by Services Australia using a formula that takes into account each parent's income, the amount of time children spend with each parent, the costs of raising children at different ages, and the cost of living. Some families rely entirely on a formal child support assessment. Others supplement it - or replace it - with private arrangements that cover specific expenses such as school fees, medical costs, health insurance, extracurricular activities and other agreed costs. A straightforward assessment can quickly become a source of dispute. Common issues include changes in care arrangements, disagreements about income - particularly where a parent is self-employed or has recently changed employment - irregular or withheld payments, and disputes about who pays for what outside the assessment. Reducing income to pay less does not work. Deliberately reducing income to lower a child support assessment is taken seriously. Services Australia and the courts can assess a parent's capacity to earn - not just their actual income - where there is reason to believe income has been artificially reduced. Self-employment, business structures and trusts are areas where this issue commonly arises. Our approach Practical issues, practical advice. Child support issues can affect household stability and children's practical needs. Advice helps parents avoid incomplete, unclear or difficult-to-enforce arrangements. Clear explanation. We explain how child support may be assessed in plain English - without the Services Australia jargon. Parenting overlap understood. We consider how care arrangements and child support actually interact in your matter. Private expense advice. We assist with school fees, medical costs and special financial arrangements outside the standard formula. Agreement review. We advise before limited or binding child support agreements are signed - not after the consequences appear. How it works The Child Support process. Child support advice depends on the current assessment, care arrangements, financial circumstances of each parent and whether a private agreement is in place. 01 Review current arrangements Consider the assessment, care arrangements, income position and private expenses. 02 Identify the issue Clarify whether the dispute relates to income, care, expenses, arrears or agreement terms. 03 Consider options Assess whether the issue may be addressed through Services Australia, negotiation, objection, review or agreement. 04 Negotiate or document Assist with private arrangements, limited agreements or binding child support agreements where appropriate. 05 Plan related steps Understand how child support connects with parenting, property or financial planning. Frequently asked questions Advice from our family law team. What clients say Trusted through life's hardest moments. ★★★★★From our Google reviews ★★★★★ "Excellent and stress-free representation - could not recommend more highly." Kristian S. ★★★★★ "Honesty and integrity shine through in every interaction. Helpful advice with compassion and genuine concern for my well-being." Jan M. ★★★★★ "Outstanding throughout my financial separation. They made it easy to understand - I knew I was in good hands." Christeen H. ★★★★★ "I had an incredibly difficult case, and they achieved the best possible outcome for me. I can't recommend them highly enough." Gregory M. LIV Accredited Specialist [Kristdel Bolog · 2025 Family Law Lawyer of the Year – Australia](https://thefamilylawyer.com.au/about/#recognition) Melbourne · Glen Iris · Boronia · Dandenong Our Offices Family law support across Melbourne. Choose the office that best suits your matter, travel and appointment preference. Every location connects to the same specialist family law team. [Melbourne CBD Level 11, 456 Lonsdale St Melbourne VIC 3000](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xdf9ec37d4a5bc319?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Glen Iris 7/431 Burke Road Glen Iris VIC 3146](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xe8e927aa5a2b0cec?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Boronia 6/5-7 Chandler Road Boronia VIC 3155](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0x5f5ddc937adef1bd?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Dandenong Level 10, 14 Mason Street Dandenong VIC 3175](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xac11e2bff53ef510?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 ### Frequently asked questions #### How is child support calculated? Services Australia uses a formula that considers income, care percentage and the costs of children. Private agreements may also be possible. #### What is care percentage? Care percentage is the amount of care a parent or carer has for a child. It can affect child support calculations. #### Can school fees be included? School fees and other private expenses may be addressed by agreement or, in some circumstances, through child support processes. #### What if the other parent's income is unclear? Advice may be needed about available review processes, evidence and whether a change to the assessment should be pursued. #### Can we make a private child support agreement? Yes. Limited and binding child support agreements exist, but the legal effect and risk should be understood before signing. #### What if payments are not being made? Options depend on whether there is an assessment, agreement or arrears. Advice can help identify the enforcement pathway. #### When does child support end? Child support generally ends when a child turns 18, although it may be extended to the end of the school year if the child turns 18 during their final year of secondary school and an application is made in time. In some circumstances, maintenance for an adult child may be sought to help them complete their education or because of a disability. #### Can a child support assessment be changed in special circumstances? Yes. In special circumstances - for example, a child's special needs, significant education costs or high costs of spending time with a child - a parent or carer may apply for a change of assessment, and in some cases a court may be asked to depart from the assessment. ## Consent Orders Lawyers Melbourne | Parenting & Property Orders Source: https://thefamilylawyer.com.au/services/consent-orders/ Consent Orders Reached agreement? Make it legally binding. Consent orders are orders made by the court with the agreement of the parties. They can formalise parenting or financial arrangements and make them legally enforceable - without a contested hearing. - Court attendance Usually not required - Once made Legally enforceable - Can include Property & parenting - Requires Financial disclosure What consent orders mean. Consent orders are orders made by the court with the agreement of the parties. They may deal with parenting arrangements, property settlement, spousal maintenance or related financial matters. They are commonly used where agreement has been reached through negotiation, mediation or direct discussion, and the parties want an enforceable outcome without a contested hearing. Careful drafting matters. Orders should be clear, practical and capable of implementation - a handshake or email agreement may not protect your legal position. Formality matters. A handshake, email agreement or statutory declaration may not protect your legal position. Without a consent order or binding agreement in place, there is nothing to enforce if circumstances change, one party changes their mind, or a dispute arises years down the track. The cost of formalising an agreement is almost always less than the cost of trying to enforce one that was never properly documented. Our approach Consent orders should be more than intentions. Reaching an agreement is not enough on its own. The court will only make consent orders if they meet the requirements of the Family Law Act. For parenting matters, the orders must be in the best interests of the children. For financial and property matters, they must be just and equitable. Clear drafting. We prepare practical orders designed to reduce confusion at implementation, not increase it. Parenting & property experience. We assist with both parenting and financial consent orders - often in the same matter. Formalisation advice. We explain whether consent orders or another pathway may be more suitable in your specific case. Implementation support. We help you understand what must happen practically after orders are made. How it works The Consent Orders process. The consent order process requires clear instructions, careful drafting, supporting documents and filing with the court for approval. 01 Confirm agreement Identify exactly what has been agreed and whether any issues remain unresolved. 02 Check suitability Consider whether consent orders are appropriate or whether another pathway is better, such as a Binding Financial Agreement. 03 Draft the documents Prepare proposed orders and the application with supporting information. 04 File with the court Submit documents for court review and respond to requisitions if required. 05 Implement the orders Complete transfers, payments, refinancing, communication steps or parenting arrangements. In more detail What you should know. Three issues shape almost every consent order application - what the orders can cover, how they compare with a parenting plan, and how superannuation is dealt with. What consent orders can cover. Consent orders can deal with parenting matters, property and financial matters, or a combination of those issues. Many separated parties use one application to formalise both parenting arrangements and financial settlement. Parenting arrangements Orders may deal with parental responsibility, where the children live, time and communication with each parent, school holidays, special occasions, changeovers, travel, passports and schooling. Property & finances Orders may deal with the transfer or sale of real estate, division of accounts and debts, businesses, trusts, spousal maintenance and superannuation splitting - together with implementation steps if a party does not comply. Clear orders should specify Dates & timeframes Amounts & obligations Transfer mechanisms Sale procedures Refinance obligations Default provisions Key point Orders should be capable of implementation without further argument - vague drafting is a common source of future disputes. Consent orders or a parenting plan? A parenting plan is a written agreement between parents that records parenting arrangements. It can be flexible and practical, but it is not enforceable in the same way as Court orders. Why orders are usually preferred Consent orders are legally enforceable once made. A parenting plan generally cannot be enforced as an order can - although a court may have regard to its terms in a later parenting application. When flexibility helps Some parents prefer a parenting plan where communication is respectful, the children's needs are changing and both parents are likely to comply with the arrangements. Formal orders may be safer where there is Conflict or poor communication Withholding of children Disagreement about holidays Family violence concerns Relocation or travel risk Uncertainty about responsibility Key point Before signing either document, obtain advice about whether the terms are clear, practical and in the children's best interests. Superannuation splitting by consent. Superannuation is treated as a different type of property in family law, but it can still be divided as part of a property settlement. A split usually transfers part of one party's superannuation interest into the other party's fund - it does not usually mean immediate cash. Procedural fairness The superannuation fund's trustee usually needs to be given notice of the proposed orders before they are made, so the trustee can review the wording and confirm the orders can be implemented. Fund type matters Different rules may apply to accumulation funds, defined benefit funds, self-managed funds and pension interests - the wording needs to be technically correct. The right approach depends on Age & retirement position Cashflow needs Assets & liabilities The type of fund The value of the interest Each party's future needs Key point Superannuation should not be overlooked - particularly in long relationships or where one party holds significantly more superannuation than the other. Frequently asked questions Advice from our family law team. What clients say Trusted through life's hardest moments. ★★★★★From our Google reviews ★★★★★ "Excellent and stress-free representation - could not recommend more highly." Kristian S. ★★★★★ "Honesty and integrity shine through in every interaction. Helpful advice with compassion and genuine concern for my well-being." Jan M. ★★★★★ "Outstanding throughout my financial separation. They made it easy to understand - I knew I was in good hands." Christeen H. ★★★★★ "I had an incredibly difficult case, and they achieved the best possible outcome for me. I can't recommend them highly enough." Gregory M. LIV Accredited Specialist [Kristdel Bolog · 2025 Family Law Lawyer of the Year – Australia](https://thefamilylawyer.com.au/about/#recognition) Melbourne · Glen Iris · Boronia · Dandenong Our Offices Family law support across Melbourne. Choose the office that best suits your matter, travel and appointment preference. Every location connects to the same specialist family law team. [Melbourne CBD Level 11, 456 Lonsdale St Melbourne VIC 3000](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xdf9ec37d4a5bc319?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Glen Iris 7/431 Burke Road Glen Iris VIC 3146](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xe8e927aa5a2b0cec?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Boronia 6/5-7 Chandler Road Boronia VIC 3155](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0x5f5ddc937adef1bd?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Dandenong Level 10, 14 Mason Street Dandenong VIC 3175](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xac11e2bff53ef510?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 ### Frequently asked questions #### What are consent orders? Consent orders are Court orders made by agreement between the parties. Once made, they generally have the same legal force as orders made after a contested hearing - each party is expected to comply with them, and there may be legal consequences if they do not. #### Do we need to go to Court to get consent orders? Usually not. If no proceedings are on foot, the parties can file an Application for Consent Orders together with the proposed orders, and the Court generally considers the documents without anyone attending in person. Once approved, sealed orders can usually be downloaded from the Court's portal. #### What does the Court consider before making consent orders? In parenting matters, the Court must be satisfied that the proposed orders are in the best interests of the children. In property and financial matters, the Court considers whether the proposed orders are just and equitable in all the circumstances. #### Do we have to exchange financial information first? Generally, yes. Parties to financial matters have a duty to give full and frank disclosure of their financial circumstances, and the Court relies on that information to assess whether the proposed orders are appropriate. #### Is there a time limit for financial consent orders? Generally, applications for property settlement or spousal maintenance must be made within 12 months of a divorce order taking effect, or within two years of the end of a de facto relationship. Outside those periods, an application usually requires the Court's permission or the consent of both parties - so obtain advice promptly. #### How long do we have to file after signing the documents? Do not delay. A respondent's consent to an Application for Consent Orders generally lapses if 90 days have passed since the date of the first affidavit in the application, and the documents may need to be re-signed before filing. #### What if the Court asks questions about our proposed consent orders? It does not necessarily mean the agreement has failed. The Court may raise a requisition seeking clarification, further information or amendments before deciding whether the orders should be made - once those matters are addressed, the documents can usually be re-filed for approval. #### Can consent orders be changed after they are made? Not easily. Final parenting orders are generally not reconsidered unless there has been a significant change of circumstances and reconsideration is in the children's best interests, or all parties agree. Property orders are usually final and may only be set aside in limited circumstances. ## Conveyancing Lawyers Melbourne | Property Transfer Advice Source: https://thefamilylawyer.com.au/services/conveyancing/ Conveyancing Property transactions, with family law in mind. Legal guidance for buying, selling, refinancing or transferring property - especially where settlement timing needs to align with consent orders or a financial agreement. - Best time for advice Before signing - Often coordinated with Family law settlement - Includes Buy, sell, refinance, transfer - Settlement Banks & agents managed What conveyancing means. Conveyancing is the legal process of transferring ownership of property from one party to another. It may involve buying, selling, refinancing or transferring property after separation or as part of a family law settlement. A conveyancing matter may involve contract review, special conditions, title searches, settlement adjustments, transfer documents, lender requirements and communication with agents, banks and the other party's representative. Conveyancing is especially important where a transaction is connected to family law, because settlement timing may need to align with consent orders or a financial agreement. Get advice before signing. A property contract can create binding obligations. Contract review before signing can help identify risks, special conditions and settlement issues - and may prevent costly disputes later. Our approach Transactions involve binding documents & deadlines. Where a property transfer is connected to family law, careful coordination between contract, settlement and family law documents is essential. Contract guidance. We explain the key contract terms and obligations clearly - before you sign, where possible. Settlement coordination. We manage the practical steps with banks, agents and the other party's representative. Transfer support. We assist with property transfers after separation or settlement, with timing aligned to family law documents. Connected legal support. We coordinate conveyancing with property settlement or estate planning needs where they overlap. How it works The Conveyancing process. Every conveyancing matter depends on the transaction type, contract terms, title issues, lender requirements and settlement deadlines. 01 Review the transaction Identify whether the matter involves a purchase, sale, refinance or transfer. 02 Check contract & title Review key documents, special conditions, title information and settlement requirements. 03 Identify risks Explain deadlines, conditions, lender requirements and issues requiring attention. 04 Prepare for settlement Coordinate documents, adjustments, transfer requirements and communications. 05 Complete settlement Guide the matter through settlement and confirm completion. Frequently asked questions Advice from our family law team. What clients say Trusted through life's hardest moments. ★★★★★From our Google reviews ★★★★★ "Excellent and stress-free representation - could not recommend more highly." Kristian S. ★★★★★ "Honesty and integrity shine through in every interaction. Helpful advice with compassion and genuine concern for my well-being." Jan M. ★★★★★ "Outstanding throughout my financial separation. They made it easy to understand - I knew I was in good hands." Christeen H. ★★★★★ "I had an incredibly difficult case, and they achieved the best possible outcome for me. I can't recommend them highly enough." Gregory M. LIV Accredited Specialist [Kristdel Bolog · 2025 Family Law Lawyer of the Year – Australia](https://thefamilylawyer.com.au/about/#recognition) Melbourne · Glen Iris · Boronia · Dandenong Our Offices Family law support across Melbourne. Choose the office that best suits your matter, travel and appointment preference. Every location connects to the same specialist family law team. [Melbourne CBD Level 11, 456 Lonsdale St Melbourne VIC 3000](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xdf9ec37d4a5bc319?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Glen Iris 7/431 Burke Road Glen Iris VIC 3146](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xe8e927aa5a2b0cec?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Boronia 6/5-7 Chandler Road Boronia VIC 3155](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0x5f5ddc937adef1bd?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Dandenong Level 10, 14 Mason Street Dandenong VIC 3175](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xac11e2bff53ef510?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 ### Frequently asked questions #### Should I get a contract reviewed before signing? Yes, where possible. Review before signing helps identify obligations, special conditions and settlement risks. #### Can you assist with transfers after separation? Yes. Property transfers after separation often need to align with consent orders, financial agreements or settlement timing. #### What is settlement? Settlement is the completion of the property transaction, including payment, transfer and registration steps. #### What if I am refinancing as part of property settlement? Refinance timing and lender requirements should be coordinated with the family law settlement documents. #### Can conveyancing and property settlement be handled together? They may need to be coordinated, especially where real estate is sold, transferred or refinanced. #### What documents are usually needed? The required documents depend on the transaction but may include the contract, title, loan documents, transfer documents and settlement directions. #### Is stamp duty payable on a transfer between separating spouses? In most cases, a transfer made under a family law order or financial agreement is exempt from stamp duty, provided the State Revenue Office requirements are met. The transfer documents generally need to align with the order or agreement, which is one reason coordination matters. #### What is a section 32 vendor statement? In Victoria, the vendor statement (commonly called a section 32) discloses key information about the property - such as title, mortgages, rates and planning matters - and must generally be given to the buyer before the contract is signed. Reviewing it carefully may reveal issues that affect your decision to proceed. ## Urgent Family Law Advice Melbourne | Court Documents Lawyer Source: https://thefamilylawyer.com.au/services/court-documents-urgent-advice/ Court Documents & Urgent Advice If you have been served court documents - get legal advice urgently. We help you understand what you have been served with, what deadlines apply and what needs to happen next. - Court date Note the court date - Obligations Follow any orders made - Respond Check if a response is required - Get advice urgently Call now What court documents mean. Family law court documents can be confronting. They may include an Initiating Application, Response, affidavit, financial statement, notice of risk, interim order, directions or an intervention order application. The documents may require you to file a response, gather evidence, attend a hearing, comply with interim orders or participate in dispute resolution. If you have been served with documents, identify the next court date, the date you were served and any filing deadline. Make sure you provide us with a copy of exactly what you received so we can provide you with the right advice. Read everything thoroughly. When you are served with court documents, they will usually set out what you need to do next - including if and when you are required to attend court and whether you need to file documents. Missing a court date or filing deadline can have serious consequences, including orders being made in your absence. Our approach Court documents should be addressed strategically. We help people understand what has been filed, what it means in practical terms and how to respond in a way that aligns with your goals and priorities. Urgent triage. We identify deadlines, court dates and immediate risks within the first conversation. Document review. We explain what the application, affidavit or order is actually asking for - line by line if needed. Evidence focus. We help you organise the records and instructions that will matter at the hearing. Court preparation. We prepare you for hearings, negotiations and the next procedural step - not just the next form. How it works The Court Documents & Urgent Advice process. Urgent matters require immediate action. The right step depends on the document type, the hearing date, the orders sought and whether there are safety or risk issues. 01 Identify the documents Confirm what has been served, which court is involved and what orders are sought. 02 Check dates & deadlines Identify the next court date, filing deadlines and immediate obligations. 03 Assess risk and urgency Consider children, safety, finances, property access, communication and existing orders. 04 Prepare the response Take instructions, review evidence, identify key issues and prepare documents. 05 Attend or resolve Appear at court, negotiate interim arrangements or prepare for the next step. In more detail What you should know. Three things shape the first weeks of a court matter - what you do when served, what you file in response, and how quickly you act. Just served? Keep everything, note every date. Do not panic, but do not delay. Keep every page you received - application, affidavits, notices, annexures and covering letters - and do not write on the documents, discard envelopes or assume only the first few pages matter. Why service matters Note the date, time and method of service straight away. Timeframes for filing a response may run from the date you were served. Read past page one Court documents often contain deadlines, hearing dates and orders that may be sought urgently - even where the covering email appears routine. The most important task is to understand what the other party is asking the Court to do. Check immediately Date & method of service The next court date Any filing deadlines The orders being sought Whether urgent or interim orders are sought Whether parenting, property or safety issues are raised Key point Provide us with a copy of exactly what you received. Filing a response. If you have been served with an application seeking orders against you, you will usually need to file responding documents if you oppose those orders or want the Court to make different orders. Not just a formality A response tells the Court which orders you agree with, which you oppose and what you want instead. If you file nothing, the Court may have limited information about your position - and in urgent cases interim orders may still be sought before your full evidence is available. Strict timeframes A response generally must be filed and served within a set period after you are served - in most cases 28 days. Do not assume that attending court and explaining yourself verbally will be enough. Documents that may be required Response to Initiating Application Affidavit Financial Statement & Financial Questionnaire Notice of Child Abuse, Family Violence or Risk Genuine Steps Certificate Undertaking as to disclosure Key point Family law proceedings are document-driven - your written material often shapes how your case is understood from the beginning. When advice becomes urgent. Urgency is not limited to emergencies involving physical safety. Some matters are urgent because delay may affect children's arrangements, financial stability, evidence, asset preservation or procedural rights. Common triggers A proposed relocation, unilateral school change, threatened sale of property, unexplained transfer of funds, refusal to return a child or an imminent court hearing may all require immediate advice. What to provide Bring the complete documents you received, the date and method of service, the next court date, any existing orders and a short summary of what has happened. The faster the relevant information is available, the more targeted the advice can be. Seek urgent advice if A court date is approaching A child has not been returned Relocation or overseas travel is threatened There are family violence or safety concerns Assets may be sold or transferred Disclosure is being withheld Key point Acting early usually keeps more options open - delay rarely does. Frequently asked questions Advice from our family law team. What clients say Trusted through life's hardest moments. ★★★★★From our Google reviews ★★★★★ "Excellent and stress-free representation - could not recommend more highly." Kristian S. ★★★★★ "Honesty and integrity shine through in every interaction. Helpful advice with compassion and genuine concern for my well-being." Jan M. ★★★★★ "Outstanding throughout my financial separation. They made it easy to understand - I knew I was in good hands." Christeen H. ★★★★★ "I had an incredibly difficult case, and they achieved the best possible outcome for me. I can't recommend them highly enough." Gregory M. LIV Accredited Specialist [Kristdel Bolog · 2025 Family Law Lawyer of the Year – Australia](https://thefamilylawyer.com.au/about/#recognition) Melbourne · Glen Iris · Boronia · Dandenong Our Offices Family law support across Melbourne. Choose the office that best suits your matter, travel and appointment preference. Every location connects to the same specialist family law team. [Melbourne CBD Level 11, 456 Lonsdale St Melbourne VIC 3000](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xdf9ec37d4a5bc319?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Glen Iris 7/431 Burke Road Glen Iris VIC 3146](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xe8e927aa5a2b0cec?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Boronia 6/5-7 Chandler Road Boronia VIC 3155](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0x5f5ddc937adef1bd?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Dandenong Level 10, 14 Mason Street Dandenong VIC 3175](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xac11e2bff53ef510?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 ### Frequently asked questions #### My Court date is very soon. Is it too late to get help? No. Even with very little time, a lawyer can identify what type of hearing is listed, what orders are sought, whether you have been properly served and what can realistically be prepared. Where filing material is not possible, the focus may shift to appearing at the hearing, seeking directions or requesting time to file - so that no orders are made without your position being heard. #### The affidavit served on me contains things that are false or unfair. What can I do? Obtain advice before responding. An affidavit is evidence, and your reply will usually need to identify which allegations are denied, which are admitted and which require context - supported by objective records where possible. Clear, chronological, factual material generally assists the Court more than answering every allegation with accusations in return. #### What if I have already missed a deadline or Court date? Seek legal advice immediately and do not ignore the matter. If orders were made in your absence, it may be possible to have them varied, discharged or stayed, and late material can often still be filed with the Court's permission. Prompt corrective action with a clear explanation is usually far better than continued non-compliance. #### What happens at an interim hearing? Interim hearings usually proceed "on the papers" - the filed application and affidavits are relied on and submissions made, rather than witnesses giving oral evidence. The Court is generally cautious about deciding disputed facts at this stage and, in parenting matters, usually focuses on stable arrangements for the children until the final hearing. #### Can orders be made without the other party being told first? In limited circumstances, yes. A party seeking an interim or procedural order without notice must satisfy the Court why the other party should not be given notice first, and must make full and frank disclosure of all the facts relevant to the application. An order made this way usually operates only until a specified time or the next hearing. #### Can documents be obtained from third parties, such as the police or a business? Generally yes, by subpoena - a court order requiring a person or organisation to produce documents or give evidence. The Court's permission is usually needed to issue a subpoena, and there are strict rules about how and when it must be served and who may inspect what is produced. #### Will the other party have to pay my legal costs? Usually not. The general rule in family law proceedings is that each party pays their own costs, although the Court may make a costs order where circumstances justify it - for example, the parties' conduct, non-compliance with previous orders or the terms of a written offer to settle. #### Can I appeal an order I disagree with? Generally an appeal must be filed within a strict time limit - usually 28 days after the order is made - and must be based on an error of law, not simply disagreement with the outcome. Filing an appeal does not automatically pause the order appealed from, so a separate stay application may be needed. ## Will & Estate Planning Lawyers Melbourne | The Family Lawyer Source: https://thefamilylawyer.com.au/services/estate-planning/ Estate Planning & Probate Review estate planning after family change. Separation, divorce, new relationships, children, blended families, property settlement and business ownership all change what your estate plan should look like. We help you make sure your documents still reflect your wishes. - Review after Separation / divorce - Documents Wills, POAs, super - For executors Probate support - Coordinated with Family law settlement What estate planning means. Estate planning involves preparing documents that set out how your estate should be managed and distributed, who should make decisions if you cannot, and how your family should be protected. Major family changes often make estate planning more important. Separation, divorce, new relationships, children, blended families, property settlement and business ownership may all affect what documents are needed. Estate administration and probate may also arise when a person dies and an executor needs to manage the estate. Review estate planning after family change. Relationship changes can affect who you want to benefit from your estate, who should act as executor and who should make decisions if you are unable to. Existing documents may no longer reflect your wishes - and may not be automatically updated by separation or divorce. Our approach Estate planning works when instructions are clear. Advice helps reduce the risk of unclear wishes, omitted people, misunderstood executor responsibilities or avoidable disputes later. Family change understood. We understand how separation, divorce, new partners and blended families affect estate planning. Clear document advice. We explain what documents may be needed and why - without selling a "package" you don't need. Practical planning. We help you make decisions about executors, beneficiaries and responsibilities - and the conversations that go with them. Probate support. For executors, we guide you through probate and estate administration requirements step by step. How it works The Estate Planning process. Estate planning depends on family structure, assets, relationships and future wishes. Probate and estate administration depend on estate documents, asset structure and executor obligations. 01 Understand circumstances Review family structure, assets, existing documents and key concerns. 02 Identify documents needed Advise whether you need a will, decision-making documents or probate assistance. 03 Prepare or review Draft or review documents so they reflect your instructions and circumstances. 04 Execute properly Guide signing requirements and storage considerations. 05 Support administration Guide executors through probate and administration steps if required. Frequently asked questions Advice from our family law team. What clients say Trusted through life's hardest moments. ★★★★★From our Google reviews ★★★★★ "Excellent and stress-free representation - could not recommend more highly." Kristian S. ★★★★★ "Honesty and integrity shine through in every interaction. Helpful advice with compassion and genuine concern for my well-being." Jan M. ★★★★★ "Outstanding throughout my financial separation. They made it easy to understand - I knew I was in good hands." Christeen H. ★★★★★ "I had an incredibly difficult case, and they achieved the best possible outcome for me. I can't recommend them highly enough." Gregory M. LIV Accredited Specialist [Kristdel Bolog · 2025 Family Law Lawyer of the Year – Australia](https://thefamilylawyer.com.au/about/#recognition) Melbourne · Glen Iris · Boronia · Dandenong Our Offices Family law support across Melbourne. Choose the office that best suits your matter, travel and appointment preference. Every location connects to the same specialist family law team. [Melbourne CBD Level 11, 456 Lonsdale St Melbourne VIC 3000](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xdf9ec37d4a5bc319?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Glen Iris 7/431 Burke Road Glen Iris VIC 3146](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xe8e927aa5a2b0cec?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Boronia 6/5-7 Chandler Road Boronia VIC 3155](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0x5f5ddc937adef1bd?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Dandenong Level 10, 14 Mason Street Dandenong VIC 3175](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xac11e2bff53ef510?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 ### Frequently asked questions #### Should I update my will after separation? You should review your estate planning after separation or divorce to make sure it still reflects your wishes. #### What documents might I need? This may include a will and documents dealing with financial, medical or personal decision-making. #### What is probate? Probate is a court process that may confirm the authority of an executor to administer an estate. #### What if I have children from a previous relationship? Blended family arrangements should be considered carefully when planning your estate. #### Can estate planning be coordinated with property settlement? Yes. Property settlement, conveyancing and estate planning can overlap and may need coordinated advice. #### What should an executor do first? An executor should locate the will, identify assets and debts, protect estate property and obtain advice about probate or administration duties. #### Does divorce automatically cancel my will? In Victoria, divorce generally revokes gifts to a former spouse and their appointment as executor under a will, unless the will shows a contrary intention. Separation alone does not have this effect, so your existing will may still operate until a divorce order takes effect. #### What happens if someone dies during family law property proceedings? If property proceedings were started before the death, they may generally be continued by or against the deceased person's estate, and any order made may be enforced by or against the estate. This is one reason family law and estate planning advice often need to be coordinated. ## Intervention Order Lawyers Melbourne | Urgent Advice Source: https://thefamilylawyer.com.au/services/intervention-orders/ Intervention Orders We assist applicants and respondents with conditions, evidence, court preparation and the family law overlap. If there is an interim order or upcoming court date, call our office and tell us the date, court and current conditions. - Issued by Magistrates' Court - Conditions Take effect immediately - Often affects Parenting & housing - Breach Can be criminal What an intervention order means. A Family Violence Intervention Order is a court order that can impose conditions on a person to protect another person from family violence. Conditions may restrict contact, attendance, communication or behaviour. Intervention order matters can move quickly. They may also affect parenting arrangements, communication about children, living arrangements and related family law proceedings. Applicants may need urgent support, evidence preparation and advice about appropriate conditions. Respondents may need advice about allegations, options for resolution, consequences of breach and the effect of conditions. Conditions have immediate consequences. Before agreeing to or contesting an intervention order, understand how the proposed conditions may affect parenting arrangements, communication, housing, work and future family law proceedings. Our approach Intervention orders have immediate consequences. Advice helps people understand options and prepare properly before decisions are made at court - not afterwards. Applicant & respondent advice. We assist people seeking protection and people responding to applications - at different points across the day. Family law overlap. We consider the effect on parenting and separation issues - conditions affect changeovers, communication and time. Practical conditions advice. We explain exactly how proposed conditions may affect daily life, housing and work. Evidence-focused approach. We help organise the material needed to support your position at the next court date. How it works The Intervention Order process. The process depends on urgency, risk, evidence, whether children are involved, whether allegations are disputed and whether the matter can resolve by agreement. 01 Identify urgency & safety Clarify immediate concerns, court date, current orders and risk issues. 02 Review the application Consider the application, proposed conditions and available evidence. 03 Advise on options Explain negotiation, consent without admissions, undertakings or contesting the matter. 04 Prepare for court Prepare documents, instructions and evidence where required. 05 Address related family law issues Consider how the order affects parenting, communication, property access or future proceedings. Frequently asked questions Advice from our family law team. What clients say Trusted through life's hardest moments. ★★★★★From our Google reviews ★★★★★ "Excellent and stress-free representation - could not recommend more highly." Kristian S. ★★★★★ "Honesty and integrity shine through in every interaction. Helpful advice with compassion and genuine concern for my well-being." Jan M. ★★★★★ "Outstanding throughout my financial separation. They made it easy to understand - I knew I was in good hands." Christeen H. ★★★★★ "I had an incredibly difficult case, and they achieved the best possible outcome for me. I can't recommend them highly enough." Gregory M. LIV Accredited Specialist [Kristdel Bolog · 2025 Family Law Lawyer of the Year – Australia](https://thefamilylawyer.com.au/about/#recognition) Melbourne · Glen Iris · Boronia · Dandenong Our Offices Family law support across Melbourne. Choose the office that best suits your matter, travel and appointment preference. Every location connects to the same specialist family law team. [Melbourne CBD Level 11, 456 Lonsdale St Melbourne VIC 3000](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xdf9ec37d4a5bc319?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Glen Iris 7/431 Burke Road Glen Iris VIC 3146](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xe8e927aa5a2b0cec?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Boronia 6/5-7 Chandler Road Boronia VIC 3155](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0x5f5ddc937adef1bd?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Dandenong Level 10, 14 Mason Street Dandenong VIC 3175](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xac11e2bff53ef510?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 ### Frequently asked questions #### What is a Family Violence Intervention Order? It is a court order designed to protect a person, their children and property from family violence through enforceable conditions. #### What does consent without admissions mean? It may allow a respondent to agree to an order without admitting the allegations. Advice is important before choosing this path. #### Can an intervention order affect parenting? Yes. Conditions can affect communication, changeovers and time arrangements. Parenting and intervention order advice should be coordinated. #### What if I need to collect belongings? The order conditions must be checked carefully. Police assistance or agreed arrangements may be required. #### What happens if conditions are breached? An intervention order is a civil order, but breaching conditions can become a criminal matter. #### What should I bring to court? Bring the application, current order, messages, photographs, reports, timelines, parenting orders and any evidence relevant to the conditions sought. #### Will an intervention order be considered in family law parenting proceedings? Yes. When deciding parenting arrangements, the family law courts must generally consider any history of family violence and any family violence order that applies or has applied to the child or a member of the child's family. #### Can protection also be sought through the family law courts? The family law courts can grant injunctions for the personal protection of a party or a child under federal family law. In practice, a state intervention order is generally the quicker option and may be more readily enforced by police, so advice on the appropriate pathway is important. ## Family Mediation Lawyers Melbourne | Settlement & FDR Advice Source: https://thefamilylawyer.com.au/services/mediation-and-settlement/ Mediation & Negotiation Mediation and negotiation can help you stay focused on practical outcomes, reduce conflict and keep more control over the result. Reaching agreement is one thing - documenting it correctly is another. - Parenting matters Mediation often required - Financial matters Part of pre-action steps - Formalised via Consent orders or binding agreement - Court attendance Usually avoided What mediation & negotiation means. Mediation is a structured process where parties work with an independent mediator to try to resolve parenting or financial issues. It can occur before or after court proceedings are started. Family Dispute Resolution is commonly used for parenting matters and may be required before applying for parenting orders unless an exemption applies. Reaching agreement is important, but the terms usually need to be documented correctly through consent orders, a financial agreement, parenting plan or child support agreement depending on the issue. Mediation before court. In many family law matters, you may be required to take steps to resolve the dispute before issuing court proceedings. For parenting matters, this usually means attending Family Dispute Resolution and obtaining a section 60I certificate before applying for parenting orders, unless an exemption applies. Exemptions may include urgency, family violence, child safety concerns, or circumstances where dispute resolution is not appropriate. Our approach Settlement works best when you are prepared. When a relationship ends, most disputes about parenting and property do not need to go to court. The majority of family law matters are resolved through negotiation or a structured dispute resolution process - usually faster, cheaper and less stressful than litigation. Resolution-focused strategy. We work toward agreement where it is safe and appropriate - not where it just sounds nice. Preparation support. We help with case outlines, offers and mediation documents so you arrive ready. Risk-aware advice. We explain the strengths, risks and cost consequences of any proposal on the table. Formalisation pathway. We help document any agreement properly so it can actually be relied on afterwards. How it works The Mediation & Negotiation process. Mediation and settlement strategy depend on preparation, disclosure, valuations, risk assessment and whether both parties are ready to negotiate meaningfully. 01 Clarify the issues Identify what has been agreed, what is disputed and what information is missing. 02 Prepare for mediation Organise disclosure, parenting information, valuations and consider what you want to achieve and whether it is achievable. 03 Develop negotiation strategy Understand realistic outcomes, litigation risk, costs, strengths and weaknesses, and room for compromise. 04 Participate in mediation Make offers, respond to proposals, test arrangements and work toward clear, workable terms. 05 Formalise the agreement Document terms through consent orders, a financial agreement, a parenting plan or a child support agreement. In more detail What you should know. Three issues shape almost every family law mediation - whether you are required to attend, what information you bring, and how any agreement is recorded. When mediation is required before court. In parenting matters, Family Dispute Resolution is usually required before applying to the Court for parenting orders, unless an exemption applies. Financial matters follow a different - but still structured - path. Parenting matters Parents are generally required to make a genuine effort to resolve the dispute at FDR and obtain a certificate from the FDR practitioner before filing. The certificate may record that the parties attended, that one party did not attend, that the matter was unsuitable, or that the dispute was not resolved. Financial matters Mediation is not always compulsory before filing, but parties are generally expected to comply with pre-action procedures - usually exchanging disclosure, identifying the issues in dispute, making offers and considering dispute resolution before commencing proceedings. Exemptions may apply where there is Urgency Family violence Child abuse Risk to a child Incapacity to participate Another reason FDR is unsuitable Key point Do not assume FDR is required in every parenting matter - in some circumstances, delay caused by attempting dispute resolution may increase risk or prejudice your position. Disclosure & documents for property mediation. A property mediation is only as useful as the information available. You should provide documents that allow the asset pool, liabilities, income and disputed issues to be identified properly. Why disclosure matters If disclosure is incomplete, the mediation may be ineffective or any agreement reached may be unsafe. You should not attend relying only on estimates, assumptions or verbal assurances. The balance sheet Prepare a balance sheet identifying the assets, liabilities and superannuation interests, the values agreed, the values disputed, and the documents needed to resolve any disagreement. In many matters, it becomes the core negotiation document. Documents usually include Bank, mortgage & loan statements Payslips & tax returns Superannuation statements Property appraisals or valuations Business, company & trust documents Evidence of significant debts Key point Businesses, trusts, self-managed super funds, inheritances, family loans or overseas assets usually require further documents - raise them early. Turning agreement into something binding. An agreement reached at mediation is not always automatically legally binding. The legal effect depends on what was agreed, how it was recorded and what type of family law issue is involved. Parenting matters A parenting plan can be useful and practical, but it is not enforceable in the same way as Court orders. Consent orders, once approved by the Court, are legally binding. Financial matters A property agreement should usually be formalised by consent orders or, in some cases, a binding financial agreement - an informal agreement may not finalise financial claims or provide the protection the parties expect. If mediation resolves only some issues Record what has been agreed Narrow the remaining dispute Exchange written offers Consider a further mediation Consider arbitration Court proceedings if needed Key point Partial agreement is still progress - but obtain advice on how to record it properly before relying on it. Frequently asked questions Advice from our family law team. What clients say Trusted through life's hardest moments. ★★★★★From our Google reviews ★★★★★ "Excellent and stress-free representation - could not recommend more highly." Kristian S. ★★★★★ "Honesty and integrity shine through in every interaction. Helpful advice with compassion and genuine concern for my well-being." Jan M. ★★★★★ "Outstanding throughout my financial separation. They made it easy to understand - I knew I was in good hands." Christeen H. ★★★★★ "I had an incredibly difficult case, and they achieved the best possible outcome for me. I can't recommend them highly enough." Gregory M. LIV Accredited Specialist [Kristdel Bolog · 2025 Family Law Lawyer of the Year – Australia](https://thefamilylawyer.com.au/about/#recognition) Melbourne · Glen Iris · Boronia · Dandenong Our Offices Family law support across Melbourne. Choose the office that best suits your matter, travel and appointment preference. Every location connects to the same specialist family law team. [Melbourne CBD Level 11, 456 Lonsdale St Melbourne VIC 3000](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xdf9ec37d4a5bc319?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Glen Iris 7/431 Burke Road Glen Iris VIC 3146](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xe8e927aa5a2b0cec?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Boronia 6/5-7 Chandler Road Boronia VIC 3155](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0x5f5ddc937adef1bd?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Dandenong Level 10, 14 Mason Street Dandenong VIC 3175](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xac11e2bff53ef510?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 ### Frequently asked questions #### What is the difference between mediation and Family Dispute Resolution? Mediation is a general process where an independent mediator helps parties explore settlement of parenting or financial issues. Family Dispute Resolution (FDR) is a specific form used in parenting matters, usually conducted by a registered FDR practitioner who can issue the certificate generally needed before applying for parenting orders. Not every mediation produces that certificate, so check the practitioner is appropriately registered if you need one. #### Do I need a lawyer at mediation? Not always physically present, but you should obtain legal advice before participating in any significant family law mediation - otherwise you may agree to terms that are impractical, incomplete or difficult to enforce. In complex property matters, lawyer-assisted mediation is often preferable because advice can be given in real time and settlement terms drafted with precision. #### What should I do before mediation? Prepare. You should understand the issues, your legal position and realistic settlement options before the day, and consider what outcome you can actually implement. If there are family violence, safety or child risk concerns, those must be considered before mediation is attempted. #### What if the other parent refuses to attend Family Dispute Resolution? FDR can usually still serve its purpose - if the other parent fails or refuses to attend, the FDR practitioner can generally issue a certificate recording that non-attendance, and you may then be able to apply to the Court for parenting orders with that certificate. #### How long does an FDR certificate remain valid? Generally, an FDR certificate cannot be filed more than 12 months after the latest FDR or attempted FDR. If your matter has stalled for longer than that, FDR may need to be revisited before a parenting application can be filed. #### Do offers to settle have to be made in a property case? Generally, yes - once proceedings are on foot, each party to a property case is usually required to make a genuine offer to settle within 28 days after a mediation or conciliation conference, or after the first court date if none is held. Offers must be in writing and are usually treated as without prejudice unless made as open offers. #### What happens if someone starts a court case without completing the pre-action steps? The Court may take non-compliance seriously - an application filed without genuine pre-action steps may be at risk of an adjournment, a stay or a costs order, unless an exemption such as urgency, family violence or child abuse applies. #### Can we still negotiate or mediate after court proceedings have started? Yes. Mediation can occur before or after proceedings are started, and in parenting cases the parties are generally referred to dispute resolution again within months of filing. Offers to settle can be made at any time before the Court decides the case. ## Parenting Arrangements Lawyers Melbourne | Clear Advice Source: https://thefamilylawyer.com.au/services/parenting-arrangements/ Parenting Arrangements Practical advice - focused on the future. Legal advice for parenting arrangements, decision-making and parenting orders after separation. If arrangements are uncertain, we help you understand options, risks and next steps. - Equal time Not automatic - Focus of the Court Best interests of the child - Before court Mediation usually required - Formalised by Parenting plan or orders What parenting arrangements mean. Parenting arrangements deal with how children are cared for after separation. They can include where a child lives, how much time they spend with each parent, communication, holidays, changeovers and major long-term decisions. Australian family law focuses on arrangements that are in the child's best interests. There is no automatic equal time rule. In many parenting matters, parties are expected to attempt Family Dispute Resolution before applying to court unless an exemption applies, such as urgency or safety concerns. FDR may be required before court. In many parenting matters, parties are expected to attempt Family Dispute Resolution before applying to court unless an exemption applies, such as urgency or safety concerns. Our approach Practical parenting strategy. Parenting matters affect your relationship with your children and the structure of daily family life. Strategic legal guidance helps you prepare, understand options and determine what arrangements are workable and appropriate for your specific family. Practical parenting strategy. We help you work out what arrangements may be workable and appropriate for your specific family. FDR preparation. We help you prepare for Family Dispute Resolution and negotiation - not just turn up cold. Urgent issue support. We assist where withholding, relocation or risk issues need immediate attention. Clear documentation. Parenting plans, consent orders and court documents drafted so they actually work day to day. How it works The Parenting Arrangements process. The process depends on the children's ages, existing routines, safety concerns, communication between parents, urgency and whether agreement is possible. 01 Understand current arrangements Clarify where the children are living, how communication is occurring, and what is in dispute. 02 Identify risk and urgency Assess safety, family violence, withholding, relocation risks or other urgent parenting concerns. 03 Prepare for negotiation Identify the key issues, options and practical pathways for discussions or Family Dispute Resolution. 04 Record agreement Document arrangements through a parenting plan or, where appropriate, consent orders. 05 Take court steps if required If agreement is not possible or urgent orders are needed, get advice on court options and representation for any court events. In more detail What you should know. Three issues come up in almost every parenting matter - and each one is easier to manage with early, considered advice. How the Court decides best interests. When making parenting orders, the Court's paramount consideration is the best interests of the child - not either parent's personal entitlement, grievance or preferred outcome. Safety comes first The Court considers what arrangements would promote the child's safety, including any history of family violence, abuse or neglect and any family violence orders. Child-focused, not parent-focused The Court looks at the child's needs, each parent's capacity to meet them, and the benefit to the child of a relationship with each parent where it is safe. Factors the Court may weigh Safety & any history of family violence Any views expressed by the child Developmental, emotional & cultural needs Each parent's capacity to meet those needs The benefit of a relationship with each parent Practical issues - distance, school & routines Key point Strong parenting proposals are specific, realistic and child-focused - they explain why the arrangement is best for the child, not just what a parent wants. When children are withheld. If the other parent is withholding the children, obtain legal advice promptly - the right response depends on the circumstances, and delay can be significant. If orders are in place Options may include urgent correspondence, negotiation, a contravention application or, in serious cases, a recovery order requiring the children to be returned. If there are no orders, urgent parenting orders may still be sought. Withholding vs protection Sometimes children are withheld because of genuine safety concerns, and a parent may have a reasonable excuse where they believed it necessary to protect a child's health or safety. The Court considers the factual context carefully. What shapes the response Whether parenting orders are in place Any parenting plan or informal agreement The reasons given for withholding How long the children have been withheld Any safety or risk concerns Whether urgent protective steps are needed Key point If a child is in immediate danger, contact police or child protection - then get legal advice without delay. Relocating with the children. Moving with the children is a major long-term issue - particularly where it would make it significantly more difficult for the children to spend time with the other parent. If parents agree The arrangements should be documented properly - often through consent orders dealing with living arrangements, time with the other parent, travel costs, holidays, communication and decision-making. If parents disagree The Court weighs the competing proposals and decides what is in the children's best interests. It does not simply approve or reject a parent's desire to move. Get advice before you Sign a lease or sell a home Accept a job in another location Change the children's school Book travel that assumes the move Agree to anything informally Move the children interstate or overseas Key point Relocation cases are highly fact-specific - prepare carefully before any major step is taken. Frequently asked questions Advice from our family law team. What clients say Trusted through life's hardest moments. ★★★★★From our Google reviews ★★★★★ "Excellent and stress-free representation - could not recommend more highly." Kristian S. ★★★★★ "Honesty and integrity shine through in every interaction. Helpful advice with compassion and genuine concern for my well-being." Jan M. ★★★★★ "Outstanding throughout my financial separation. They made it easy to understand - I knew I was in good hands." Christeen H. ★★★★★ "I had an incredibly difficult case, and they achieved the best possible outcome for me. I can't recommend them highly enough." Gregory M. LIV Accredited Specialist [Kristdel Bolog · 2025 Family Law Lawyer of the Year – Australia](https://thefamilylawyer.com.au/about/#recognition) Melbourne · Glen Iris · Boronia · Dandenong Our Offices Family law support across Melbourne. Choose the office that best suits your matter, travel and appointment preference. Every location connects to the same specialist family law team. [Melbourne CBD Level 11, 456 Lonsdale St Melbourne VIC 3000](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xdf9ec37d4a5bc319?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Glen Iris 7/431 Burke Road Glen Iris VIC 3146](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xe8e927aa5a2b0cec?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Boronia 6/5-7 Chandler Road Boronia VIC 3155](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0x5f5ddc937adef1bd?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Dandenong Level 10, 14 Mason Street Dandenong VIC 3175](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xac11e2bff53ef510?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 ### Frequently asked questions #### Do I need Family Dispute Resolution before going to Court? In many parenting matters, yes. You are generally required to make a genuine effort to resolve the dispute at Family Dispute Resolution before applying for parenting orders, evidenced by a certificate from a registered FDR practitioner. Exemptions may apply where there is urgency, family violence, child abuse or other circumstances that make FDR inappropriate - obtain advice before deciding which pathway is right for you. #### Is there a rule that children spend equal time with each parent? No. There is no automatic rule or presumption of equal time. Arrangements are determined by what is in the child's best interests - equal time may work well for some families but be impractical or inappropriate in others. #### What is the difference between a parenting plan and consent orders? A parenting plan is a written agreement between parents that is flexible but not directly enforceable in the same way as Court orders. Consent orders are parenting orders approved by the Court and are legally enforceable, which usually makes them preferable where structure and certainty are needed. #### Does a child need both parents' consent to get a passport? Generally, yes. An application for a child's passport is usually made with the consent of each person who has parental responsibility, although consent may be waived in some circumstances. If you are concerned a child may be taken overseas without agreement, obtain urgent advice - the Court can make orders restraining travel, including placing a child on the airport watch list. #### Can final parenting orders be changed later? Generally only where there has been a significant change of circumstances since the orders were made and the Court is satisfied that reconsidering them is in the child's best interests. The Court may also reconsider final orders where all parties agree. #### Do separated parents have to agree on every decision about the children? No. Day-to-day decisions are usually made by the parent the child is with at the time. Where orders provide for joint decision-making on major long-term issues - such as education, health and religious upbringing - parents are generally required to consult each other and make a genuine effort to reach a joint decision. #### What is an independent children's lawyer? An independent children's lawyer is a court-appointed lawyer who independently represents a child's best interests in parenting proceedings - they are not obliged to follow the child's wishes. The Court may appoint one in cases involving allegations of abuse, intractable conflict or other special circumstances, and the lawyer is generally required to meet the child and give them an opportunity to express their views. #### Can grandparents or other relatives apply for parenting orders? Yes. A grandparent, or any other person concerned with the care, welfare or development of a child, may apply for parenting orders. Whether orders are made depends on what is in the child's best interests in the particular circumstances. ## Property Settlement Lawyers Melbourne | Clear Advice Source: https://thefamilylawyer.com.au/services/property-settlement/ Property Settlement Most people come to a property settlement not knowing what they're entitled to - only knowing they don't want to be taken advantage of. - Time limit (married) 12 months from divorce - Time limit (de facto) 2 years from separation - Applies to Real estate, super, business, debts - Requires Full financial disclosure What property settlement means. Property settlement is the legal process of dividing assets, liabilities and financial resources after separation. It applies to married and de facto couples and is separate from divorce. A property settlement may involve the family home, investment properties, bank accounts, superannuation, businesses, trusts, loans, inheritances and other financial interests. Time limits apply. Married parties usually need to apply for property or financial orders within 12 months after a divorce order takes effect. De facto parties usually have 2 years from separation. Advice should be obtained early so deadlines are not missed. Our approach Property settlements are rarely straightforward. Separation puts everything you've built at stake - the home, the savings, the superannuation, the business. You shouldn't have to guess what you're entitled to, accept the first offer because you're unsure if it's fair, or face it alone. Our role is to make sure any outcome you agree to is one you've chosen with full knowledge - not out of exhaustion or uncertainty. Clear financial pathway. We explain what information is needed, what the process involves and what decisions may need to be made. Disclosure guidance. We help you understand what documents are required and why disclosure matters in your matter specifically. Practical settlement advice. We assess proposals in context so you can make informed decisions - not pressured ones. Implementation support. Where property needs to be sold, transferred or refinanced, we help you understand the practical steps. How it works The Property Settlement process. Most property matters involve identifying the property pool, exchanging disclosure, considering contributions and future needs, negotiating an outcome and formalising the agreement. 01 Identify the property pool Create a picture of assets, liabilities, superannuation, businesses, trusts, debts and financial resources. 02 Disclosure & valuations Gather documents and arrange expert valuations to understand the financial position of both parties in order to make informed decisions. 03 Assess contributions Consider financial and non-financial contributions made before, during and after the relationship. 04 Consider future needs Assess the current and future circumstances surrounding income, care of children, health, age, earning capacity and financial obligations. 05 Negotiate & formalise Work toward settlement through negotiation, mediation, consent orders or a financial agreement. In more detail What you should know. Three issues shape almost every property settlement - how a fair outcome is assessed, how superannuation is treated, and why full disclosure matters. How a fair outcome is assessed. There is no automatic 50/50 rule. Entitlements are generally assessed in stages - identifying the property pool, weighing each party's contributions, considering future circumstances and testing whether the result is just and equitable. Contributions count broadly Financial contributions sit alongside non-financial, homemaker and parenting contributions. In many cases the homemaker and parenting contributions are very significant - particularly where one party reduced paid work to care for children or support the family. Future needs matter too The assessment usually also looks at age, health, income, earning capacity and the ongoing care of children, and may adjust the outcome where one party faces greater financial difficulty rebuilding after separation. What is generally weighed Property, liabilities & financial resources Financial contributions Non-financial & homemaker contributions Parenting & care of children Income & earning capacity Age, health & future needs Key point The assessment is discretionary and evidence-based - careful disclosure, valuations and preparation usually shape the range of realistic outcomes. Superannuation is part of the pool. Superannuation is usually considered in the overall settlement even though it generally cannot be accessed as cash. In long relationships it can be one of the largest assets either party holds. How a split works A superannuation split does not usually mean money is paid out as cash. Instead, part of one party's superannuation interest may be transferred into the other party's fund in accordance with the superannuation splitting rules. Valuation comes first Before a split is made, the superannuation interest usually needs to be valued - and information about the interest can be requested from the fund's trustee for that purpose. What shapes the approach Each party's age & retirement position Time out of the workforce Income & financial resources Health & care of children Available cash assets The overall settlement structure Key point Overlooking superannuation can leave a settlement unfair or incomplete - particularly in long relationships or where retirement savings differ significantly. Disclosure is not optional. Each party has a duty to make full and continuing disclosure of their financial circumstances - to the other party and to the Court. A settlement built on incomplete information carries real risk. If documents are withheld Where disclosure is refused or incomplete, a more formal approach may be justified - including written disclosure requests, subpoenas, valuation processes and Court orders for disclosure. If assets are at risk Where there is a risk that assets may be sold, moved or concealed, protective steps such as freezing orders may be available. Acting early generally makes it easier to trace funds and protect the asset pool. Documents commonly disclosed Tax returns & payslips Bank & credit card statements Loan & mortgage documents Superannuation statements Business, company & trust records Valuations & evidence of liabilities Key point Non-disclosure can have serious consequences - it may justify a more formal approach and can undermine any settlement reached on incomplete information. Frequently asked questions Advice from our family law team. What clients say Trusted through life's hardest moments. ★★★★★From our Google reviews ★★★★★ "Excellent and stress-free representation - could not recommend more highly." Kristian S. ★★★★★ "Honesty and integrity shine through in every interaction. Helpful advice with compassion and genuine concern for my well-being." Jan M. ★★★★★ "Outstanding throughout my financial separation. They made it easy to understand - I knew I was in good hands." Christeen H. ★★★★★ "I had an incredibly difficult case, and they achieved the best possible outcome for me. I can't recommend them highly enough." Gregory M. LIV Accredited Specialist [Kristdel Bolog · 2025 Family Law Lawyer of the Year – Australia](https://thefamilylawyer.com.au/about/#recognition) Melbourne · Glen Iris · Boronia · Dandenong Our Offices Family law support across Melbourne. Choose the office that best suits your matter, travel and appointment preference. Every location connects to the same specialist family law team. [Melbourne CBD Level 11, 456 Lonsdale St Melbourne VIC 3000](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xdf9ec37d4a5bc319?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Glen Iris 7/431 Burke Road Glen Iris VIC 3146](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xe8e927aa5a2b0cec?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Boronia 6/5-7 Chandler Road Boronia VIC 3155](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0x5f5ddc937adef1bd?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Dandenong Level 10, 14 Mason Street Dandenong VIC 3175](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xac11e2bff53ef510?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 ### Frequently asked questions #### What counts as property in a family law property settlement? The property pool generally includes anything of financial value owned by either party - such as the family home, bank accounts, vehicles, business interests, inheritances, superannuation and debts - regardless of whose name it is in or when it was acquired. Financial resources, such as certain trust interests, may also be relevant. Do not assume an asset is excluded simply because it is held in one name or was acquired after separation. #### Can we settle property matters without going to Court? Yes - many property matters are resolved through negotiation, mediation, consent orders or a binding financial agreement without contested Court proceedings. However, an informal agreement alone is usually not enough; a settlement should be properly formalised so that it is legally effective and reduces the risk of future claims. #### Can family violence affect property settlement? It may. Where violent or controlling conduct - including financial or economic abuse - has had a significant adverse impact on a party's contributions, or made those contributions significantly more arduous, that may be taken into account in the assessment. These issues generally need to be supported by evidence, so early advice is important. #### What time limits apply to property settlement? Married parties generally need to apply for property orders within 12 months after a divorce order takes effect, and de facto parties within 2 years of the end of the relationship. Outside those periods, starting proceedings usually requires the Court's permission - which is not automatic and generally requires hardship to be shown. #### Can a final property settlement be reopened or set aside? Only in limited circumstances. A Court may set aside or vary final property orders where, for example, there has been a miscarriage of justice - such as fraud, duress or a failure to disclose relevant information - or where later circumstances make the orders impracticable to carry out. Obtain advice promptly if you believe this may apply. #### Is capital gains tax taken into account in a property settlement? It may be, depending on the circumstances - for example, where the sale of an investment asset is ordered or is likely in the foreseeable future. Transfers made under property orders or financial agreements may attract roll-over relief, which generally defers the tax until the asset is later sold. Specialist accounting advice is often needed where businesses, companies or trusts are involved. #### What if my former partner has spent or wasted money since separation? Separated parties are generally entitled to meet reasonable living expenses from available funds. However, where assets have been prematurely distributed, wasted, or recklessly or deliberately reduced in value - for example, through significant gambling losses - the amount may in some cases be notionally added back to the property pool. #### What happens if one of us dies before the property settlement is finalised? If Court proceedings have already been filed, they may generally be continued by or against the deceased party's estate, and any order made may be enforced by or against the estate. This is one reason not to leave property settlement unresolved indefinitely - and to review your estate planning after separation. ## Separation & Divorce Lawyers Melbourne | The Family Lawyer Source: https://thefamilylawyer.com.au/services/separation-and-divorce/ Separation & Divorce Understand what matters now - and what comes next. If you have recently separated or are considering separation, you may be unsure what happens next. We help you understand your rights, identify urgent issues and avoid decisions that may affect your position later. - Separation The end of a marriage or de facto relationship - Property Does not automatically divide property - Divorce eligibility 12 months separated - Parenting Does not determine parenting matters What separation & divorce means. Separation occurs when one or both parties decide that the relationship has ended. It does not usually require paperwork or court involvement, but it can trigger important legal and practical issues. You may need to consider living arrangements, expenses, parenting arrangements, financial documents, child support and whether property settlement time limits may apply. Divorce is a separate legal process that formally ends a marriage. It does not automatically divide property, create parenting arrangements or resolve child support. You can be separated without being divorced - and you can resolve parenting and property issues before applying for divorce. Divorce usually requires at least 12 months separation. Our approach Why early advice changes the trajectory. Separation can create legal, financial and practical consequences. The decisions you make early can affect how things progress. Getting advice early means you understand your options and identify potential issues before they become hard to resolve. A clear starting point. We help you understand where you stand before any irreversible decisions are made. Practical guidance. We explain the issues that commonly arise after separation - not the rare edge cases. Children & finances in one view. Parenting, property, child support and financial issues are considered together, not in isolation. Next-step focus. You leave the first meeting with a concrete next move - not a list of new things to worry about. How it works The Separation & Divorce process. Every separation is different. Some people need urgent advice about children or safety; others need help understanding property, finances or divorce timing. The shape of the matter depends on what is most urgent. 01 Establish where you stand We confirm the separation date, living arrangements and whether you are separated under one roof. 02 Stabilise the immediate position We address urgent practical issues such as children, safety, housing and communication. 03 Build the legal pathway We identify which areas of family law apply to you - parenting, property, child support, spousal maintenance or intervention orders - and what should happen first. 04 Resolve & record arrangements We help negotiate, document and formalise parenting, property and financial arrangements where needed. 05 Apply for divorce when eligible When the 12-month separation requirement is met, we guide you through the divorce application to legally finalise your separation. In more detail What you should know. Three issues come up in almost every separation - and each one can affect your position if it is left too late. Separated under one roof. You can be separated while still living at the same address - many couples are, because of finances, housing or the children's routines. But it changes what you need to prove. Why it happens Financial pressure, children's routines, housing availability, mortgage obligations, family violence planning, or making arrangements before one party moves out. What the Court needs If part or all of the 12-month separation period was spent under the same roof, the Court will usually require additional evidence that the marriage had genuinely ended. Evidence the Court may look at Changed sleeping arrangements Separate finances & household tasks Separate social activities What family and friends were told Centrelink & government records Why you remained living together Key point Prepare this evidence carefully - an incomplete or inconsistent application can be delayed by the Court. Property settlement does not wait for divorce. You do not need to be divorced before resolving property, superannuation, spousal maintenance or the family home. In many cases, it is better not to wait. The cost of delay Assets change in value, documents become harder to obtain, debts grow, savings get spent - and parties start disagreeing about what existed at separation. The time limit Once a divorce order becomes final, there is generally a limited period to commence Court proceedings for property settlement or spousal maintenance. Miss it, and you need the Court's permission - which is not automatic. Get advice early if there are Real estate Businesses, trusts or companies Inheritances Superannuation Tax issues Unequal financial circumstances Key point Divorce should not be the first or only legal step after separation - get property settlement advice well before you apply. Your Will and estate planning after separation. Separation does not automatically update your Will, superannuation nominations or powers of attorney. Until they are reviewed, your former partner may still have rights or practical control. The dangerous assumption People assume that because the relationship has ended, their former partner no longer has any legal role in their estate or financial affairs. Until documents are updated, that is often not true. Superannuation is the trap Death benefit nominations are dealt with under the rules of the superannuation fund and may not operate the same way as your Will. Even divorce does not automatically revoke everything. Review after separation Your Will Super death benefit nominations Powers of attorney Life insurance Jointly owned assets Business succession & trusts Key point Update your estate planning alongside - not after - your family law advice. Frequently asked questions Advice from our family law team. Separation and divorce are not the same thing. You can be separated without being divorced. You can also resolve parenting and property issues before applying for divorce. Divorce usually requires at least 12 months separation, and the timing should be considered alongside property and estate planning issues. What clients say Trusted through life's hardest moments. ★★★★★From our Google reviews ★★★★★ "Excellent and stress-free representation - could not recommend more highly." Kristian S. ★★★★★ "Honesty and integrity shine through in every interaction. Helpful advice with compassion and genuine concern for my well-being." Jan M. ★★★★★ "Outstanding throughout my financial separation. They made it easy to understand - I knew I was in good hands." Christeen H. ★★★★★ "I had an incredibly difficult case, and they achieved the best possible outcome for me. I can't recommend them highly enough." Gregory M. LIV Accredited Specialist [Kristdel Bolog · 2025 Family Law Lawyer of the Year – Australia](https://thefamilylawyer.com.au/about/#recognition) Melbourne · Glen Iris · Boronia · Dandenong Our Offices Family law support across Melbourne. Choose the office that best suits your matter, travel and appointment preference. Every location connects to the same specialist family law team. [Melbourne CBD Level 11, 456 Lonsdale St Melbourne VIC 3000](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xdf9ec37d4a5bc319?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Glen Iris 7/431 Burke Road Glen Iris VIC 3146](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xe8e927aa5a2b0cec?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Boronia 6/5-7 Chandler Road Boronia VIC 3155](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0x5f5ddc937adef1bd?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Dandenong Level 10, 14 Mason Street Dandenong VIC 3175](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xac11e2bff53ef510?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 ### Frequently asked questions #### What is the difference between separation and divorce? Separation is the practical end of the relationship - it does not require paperwork or court involvement. Divorce is the separate legal process that formally ends a marriage. A divorce order does not divide property, determine parenting arrangements or finalise child support. #### How long do I need to be separated before applying for divorce? In most cases, at least 12 months. If you reconciled for a period, or the separation date is unclear or disputed, obtain advice before filing - the way the 12 months is calculated can be affected. #### Do I need my spouse's agreement to separate? No. Separation occurs when one or both parties decide the relationship has ended and communicate that decision, expressly or by conduct. You do not need your spouse's agreement, a document or a court order. #### Do I need to attend Court for my divorce? Not always. Many divorce applications are dealt with electronically through the Commonwealth Courts Portal. Attendance is more likely where the application is opposed, service is disputed or further evidence is needed. The order becomes final one month and one day after it is made. #### Can I apply for divorce if we have been married less than two years? Not without an extra step. Within two years of the wedding, you generally need to file a certificate confirming you have considered reconciliation with an approved family counsellor - or obtain the Court's permission to file without one in special circumstances. #### We have children under 18 - does that affect the divorce? Yes. A divorce order does not take effect unless the Court is satisfied that proper arrangements have been made for the care of any children of the marriage under 18. The parenting arrangements themselves are dealt with separately from the divorce. #### We were married overseas - can we divorce in Australia? Usually, yes. You can apply in Australia if either spouse is an Australian citizen, treats Australia as their permanent home, or has lived here for the 12 months before filing. A marriage certificate that is not in English will need a certified translation. #### What if I cannot locate my spouse to serve the divorce papers? A divorce application normally must be served on the other party. If they cannot be found after reasonable attempts, the Court can permit substituted service - for example, through a relative or another address - or, in limited cases, dispense with service altogether. ## Spousal Maintenance Lawyers Melbourne | Family Law Advice Source: https://thefamilylawyer.com.au/services/spousal-maintenance/ Spousal Maintenance Need & capacity - the two questions that drive every claim. Financial support after separation may be available where one party cannot adequately support themselves and the other has capacity to contribute. We assess both sides of that question carefully. - Test Need & capacity - Separate from Child support - Can be Urgent or interim - De facto Time limits apply What spousal maintenance means. Spousal maintenance is financial support paid by one party to the other after separation where one party cannot adequately support themselves and the other has capacity to contribute. It is separate from child support and property settlement, although these issues can overlap. Maintenance may be considered urgently, for a limited period or as part of broader negotiations. Relevant factors may include income, expenses, health, age, care responsibilities, earning capacity, financial resources and standard of living during the relationship. Maintenance is based on need & capacity. A maintenance issue usually requires consideration of whether one party needs financial support and whether the other party has capacity to pay. Both sides matter - and the evidence on each side must be properly assessed. Our approach Maintenance requires evidence & analysis. Spousal maintenance is decided on the numbers - both sides of them. Advice helps avoid claims or responses that do not properly account for the broader financial position. Clear eligibility advice. We explain whether maintenance may be available, or how to respond to a claim, before you make a move. Financial analysis. We consider income, expenses, earning capacity and care responsibilities - both yours and the other party's. Negotiation support. We help manage proposals and responses strategically - not reactively. Property overlap understood. We consider maintenance within the broader financial separation, not in isolation. How it works The Spousal Maintenance process. Maintenance matters require careful review of both parties' income, expenses, earning capacity, health, care responsibilities and broader property settlement issues. 01 Review financial circumstances Consider income, expenses, assets, liabilities, care responsibilities and immediate needs. 02 Assess need & capacity Identify whether there may be financial need and whether the other party may have capacity to contribute. 03 Consider urgency Assess whether interim support, urgent negotiation or court action may be required. 04 Negotiate or respond Prepare proposals, respond to claims or negotiate maintenance arrangements. 05 Formalise or review Document agreements or seek orders where resolution is not possible. Frequently asked questions Advice from our family law team. What clients say Trusted through life's hardest moments. ★★★★★From our Google reviews ★★★★★ "Excellent and stress-free representation - could not recommend more highly." Kristian S. ★★★★★ "Honesty and integrity shine through in every interaction. Helpful advice with compassion and genuine concern for my well-being." Jan M. ★★★★★ "Outstanding throughout my financial separation. They made it easy to understand - I knew I was in good hands." Christeen H. ★★★★★ "I had an incredibly difficult case, and they achieved the best possible outcome for me. I can't recommend them highly enough." Gregory M. LIV Accredited Specialist [Kristdel Bolog · 2025 Family Law Lawyer of the Year – Australia](https://thefamilylawyer.com.au/about/#recognition) Melbourne · Glen Iris · Boronia · Dandenong Our Offices Family law support across Melbourne. Choose the office that best suits your matter, travel and appointment preference. Every location connects to the same specialist family law team. [Melbourne CBD Level 11, 456 Lonsdale St Melbourne VIC 3000](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xdf9ec37d4a5bc319?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Glen Iris 7/431 Burke Road Glen Iris VIC 3146](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xe8e927aa5a2b0cec?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Boronia 6/5-7 Chandler Road Boronia VIC 3155](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0x5f5ddc937adef1bd?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 [Dandenong Level 10, 14 Mason Street Dandenong VIC 3175](https://www.google.com/maps/place/The+Family+Lawyer/data=!4m2!3m1!1s0x0:0xac11e2bff53ef510?sa=X&ved=1t:2428&ictx=111)Call 1300 111 835 ### Frequently asked questions #### Is spousal maintenance automatic? No. It depends on whether one party has need and the other has capacity to pay. #### Can de facto partners seek maintenance? In some circumstances, de facto partners may seek maintenance. Time limits and eligibility should be considered. #### What evidence is needed? Evidence may include income, expenses, bank records, liabilities, health issues, care responsibilities and earning capacity. #### Can maintenance be urgent? Yes - urgent or interim support may be considered where immediate financial need exists. #### How does maintenance affect property settlement? Maintenance and property settlement are separate issues, but they should be considered together as part of financial strategy. #### What if I receive a maintenance demand? Seek advice before responding so your capacity, expenses and broader settlement position are properly considered. #### Can spousal maintenance be paid as a lump sum? Yes - maintenance may be paid periodically or as a lump sum in appropriate cases. The suitable structure generally depends on the extent and likely duration of the financial need being met. #### Does spousal maintenance end if the receiving party remarries? Generally, yes - a spousal maintenance order ceases on the remarriage of the party receiving it, unless a court orders otherwise in special circumstances. The recipient is expected to inform the other party of the remarriage without delay. # Public downloadable resources The following PDF files are publicly addressable download resources in the current site build. ## Parenting after separation and family violence Source: https://thefamilylawyer.com.au/downloads/client-guides/aps-parenting-after-separation-family-violence.pdf [Download PDF](https://thefamilylawyer.com.au/downloads/client-guides/aps-parenting-after-separation-family-violence.pdf) Psychology-informed guidance for supporting children where separation and family violence intersect. Publisher: Australian Psychological Society Reference: https://psychology.org.au/for-the-public/psychology-topics/parenting/parenting-after-separation-family-violence ## Parenting after separation Source: https://thefamilylawyer.com.au/downloads/client-guides/aps-parenting-after-separation.pdf [Download PDF](https://thefamilylawyer.com.au/downloads/client-guides/aps-parenting-after-separation.pdf) Psychology-informed guidance about routines, communication, conflict reduction and children's wellbeing. Publisher: Australian Psychological Society Reference: https://psychology.org.au/for-the-public/psychology-topics/parenting/parenting-after-separation ## Family law journey guide Source: https://thefamilylawyer.com.au/downloads/client-guides/family-law-journey-guide.pdf [Download PDF](https://thefamilylawyer.com.au/downloads/client-guides/family-law-journey-guide.pdf) A broad orientation guide for new clients preparing for the first steps in a family law matter. Publisher: The Family Lawyer ## Family violence information sheet Source: https://thefamilylawyer.com.au/downloads/client-guides/fcfcoa-family-violence-information-sheet.pdf [Download PDF](https://thefamilylawyer.com.au/downloads/client-guides/fcfcoa-family-violence-information-sheet.pdf) Official information for family law proceedings where family violence is alleged or experienced. Publisher: Federal Circuit and Family Court of Australia Reference: https://www.fcfcoa.gov.au/fl/pubs/fv-info-sheet ## Marriage, families and separation Source: https://thefamilylawyer.com.au/downloads/client-guides/fcfcoa-marriage-families-and-separation.pdf [Download PDF](https://thefamilylawyer.com.au/downloads/client-guides/fcfcoa-marriage-families-and-separation.pdf) Official court information about separation, support services, court pathways and family dispute resolution. Publisher: Federal Circuit and Family Court of Australia ## Pre-action procedure for financial cases Source: https://thefamilylawyer.com.au/downloads/client-guides/fcfcoa-pre-action-financial-cases.pdf [Download PDF](https://thefamilylawyer.com.au/downloads/client-guides/fcfcoa-pre-action-financial-cases.pdf) Official court information about steps usually expected before filing a financial or property case. Publisher: Federal Circuit and Family Court of Australia Reference: https://www.fcfcoa.gov.au/fl/pubs/pre-action-financial ## Financial disclosure guide Source: https://thefamilylawyer.com.au/downloads/client-guides/financial-disclosure-guide.pdf [Download PDF](https://thefamilylawyer.com.au/downloads/client-guides/financial-disclosure-guide.pdf) What disclosure means, why it matters, and the documents commonly needed in property settlement. Publisher: The Family Lawyer ## JustFund legal-fee funding brochure Source: https://thefamilylawyer.com.au/downloads/client-guides/justfund-client-brochure-nov-2025.pdf [Download PDF](https://thefamilylawyer.com.au/downloads/client-guides/justfund-client-brochure-nov-2025.pdf) Third-party information about funding options that may be relevant in some property settlement matters. Publisher: JustFund Reference: https://justfund.com.au/ ## Practical tips to reduce legal costs Source: https://thefamilylawyer.com.au/downloads/client-guides/reduce-legal-costs-guide.pdf [Download PDF](https://thefamilylawyer.com.au/downloads/client-guides/reduce-legal-costs-guide.pdf) Simple preparation habits that can help clients use their lawyer's time more efficiently. Publisher: The Family Lawyer