Family Lawyers Melbourne

You are not alone — there is real support available. Support services include legal assistance, counseling, and safety planning.

There's real support available for parents navigating parenting disputes — here's where to start:

• Family Relationship Centres: These centres provide information and mediation services to help parents reach agreements on parenting arrangements. They can also refer you to other specialist services, such as family law counselling or programs about parenting after separation. More information is available on the Family Relationships Online website.
• Legal Aid Commissions: These commissions offer legal advice and assistance, including information on family dispute resolution services. Eligibility for representation may depend on specific criteria. For details, visit the Victoria Legal Aid website.
• Community Legal Centres: Independent, not-for-profit organizations providing free legal advice, casework, and information. Some centres specialize in family law and child support services. Locate a centre near you through the Federation of Community Legal Centres.
• Private Legal Practitioners: Accredited family law specialists can offer tailored legal advice and assistance. State and Territory law societies and bar associations provide directories to find a specialist family lawyer in your area.

These resources aim to support parents in establishing arrangements that prioritize the best interests of their children.

Superannuation is often one of the largest assets in a separation — and yes, it can be split through a process called superannuation splitting. The court can make orders to split superannuation entitlements, ensuring a fair distribution. However, superannuation remains subject to preservation rules and cannot be accessed until retirement.

Great news for de facto couples — you have access to the same protections as married couples. Yes, de facto couples, including same-sex couples, can enter into Binding Financial Agreements before, during, or after their relationship, outlining the division of assets and financial arrangements upon separation.

Here's a clear overview of the divorce process in Australia:

1. Filing an application for divorce with the Federal Circuit and Family Court of Australia, either solely or jointly.
2. Serving the application on the other spouse if it's a sole application.
3. Attending a court hearing if required, especially when there are children under 18.
4. Receiving the divorce order, which becomes final one month and one day after it's made.

Family violence intervention orders can be changed if the situation changes. Yes, either party can apply to the court to vary or revoke the order if circumstances change.

Time limits in family property matters are strict — missing them can cost you your rights. Time limits include:

• For married couples: Applications must be made within 12 months of the divorce becoming final.
• For de facto couples: Applications must be made within 2 years of separation.

Extensions may be granted in certain circumstances, but it's advisable to act promptly.

Consent orders are legally binding agreements approved by the court, covering parenting and financial matters. They have the same legal effect as orders made after a court hearing. Parents can apply for consent orders without attending court by submitting the necessary documentation to the Federal Circuit and Family Court of Australia.

Before you can apply for divorce, there are specific requirements you need to meet:

• Be legally married and provide a marriage certificate.
• Have been separated for at least 12 months with no reasonable likelihood of resuming married life.
• Meet residency or citizenship requirements, such as being an Australian citizen, domiciled in Australia, or ordinarily resident in Australia for at least 12 months prior to filing.

Yes, both prenuptial and postnuptial agreements are legally enforceable under the Family Law Act 1975. For the agreement to be binding, both parties must:

• Enter the agreement voluntarily without coercion.
• Provide full disclosure of their financial situation.
• Obtain independent legal advice before signing.