Family Lawyers Melbourne
We’ll Take Care of You
Highly experienced Family Lawyers in Melbourne, dedicated to resolving your matter with integrity and efficiency.
Accredited Family Law Specialists
Integrity Based Outcomes
Your Needs Come First
Our Melbourne Family Lawyers Are Committed To Keeping Your Family Out of Court
At Testart Family Lawyers, we encourage resolutions to be reached through mediation, dispute resolution and healthy negotiations wherever possible.
If your matter can only be resolved through court, you’ll have peace of mind knowing that our team has exceptional insight and experience when it comes to courtroom litigation.
Free Appointment
Our Family Law Team Handle All Cases with Integrity
If you are navigating legal issues after a family breakdown, our Melbourne team of family lawyers are here to guide you through.
We know it can be emotionally draining, which is why we are committed to giving your matter the care and attention it deserves.
We provide holistic guidance focused on resolution, avoiding conflict-laden pathways that add stress to your situation.
With extensive expertise behind you, you’ll have the confidence to make informed and legally sound decisions to negotiate a fair and just outcome.
We’ll Take Care Of Every Detail Of Your Family Law Matter
With the proper guidance and support of an Accredited Specialist, most family law matters can be negotiated to an amicable resolution without a drawn-out court process taking place.
This is why we empower our clients with the information they need to make the best choices for themselves and their family members, ensuring every important detail is taken care of.
Using Mediation & Alternative Dispute Resolution whenever possible, we prioritise your wellbeing and protect your best interests while working to achieve a positive outcome on your behalf.
We aim to see your matter effectively resolved so you can confidently move forward with your life, focusing on what matters most.
Areas of Family Law
At Testart Family Lawyers Melbourne, our team offer years of experience and a unique blend of expertise and empathy in every family law case we handle. We comprehend the complexities of family matters and aim to reduce your stress levels while achieving positive outcomes on your behalf.
Your wellbeing is paramount to us, from our first consultation to your final resolution. Reach out today for a Free appointment, and let us support you and your family during a challenging time.
Divorce & Separation
De Facto Couples
Parenting & Child Custody
Binding Financial Agreements
Property Settlement
Family Violence
Intervention Orders
Same Sex Divorce
You’ll Have The Experience of Our Family Law Lawyers Behind You, No Matter How Complicated Things Are
As much as we’d like to see every family law matter resolved efficiently and without litigation, we know that sometimes it’s unavoidable. High-conflict parenting disputes and complex property splits may end up in the courtroom, and if a court process is initiated, it can be extremely stressful for both parties involved.
Working with Testart Family Lawyers brings peace of mind that we’ll do everything in our power to keep you and your family out of court. If your matter does end up in court though, our firm is led by Marc Testart – a highly accomplished ex-barrister, with extensive courtroom experience.
Meet Your Family Lawyer, Marc Testart
As the Principal Family Lawyer (Solicitor) at Melbourne’s Testart Family Lawyers, Marc Testart brings a wealth of experience to his role.
With a background as a barrister, he has extensive expertise in courtroom advocacy, having participated in numerous contested family law trials and appellate court proceedings.
Through his work, Marc gained invaluable insights into the challenges and difficulties that clients encounter within the realm of family and divorce law.
In contrast to many family law solicitors with very little or no courtroom exposure, Marc’s firsthand awareness in this area has ensured he can navigate complex legal proceedings with confidence and proficiency.
How To Work With Testart Family Lawyers
Let Testart Family Lawyers guide you to resolving your family law matter with dignity and integrity. Get in touch with us today to book your first Free consultation.
Step 1: Book Your Free Appointment
Schedule your free consultation through the booking form below.
Step 2: Get a Plan of Action
We’ll discuss your situation and create a plan of action to suit your needs.
Step 3: Engage Us As Your Guide
If we are a good fit – engage our trusted team to guide you through.
Book Your Free Appointment
Call Us
Address
Level 3, 489 Toorak Road
Toorak VIC 3142
Open Hours - By Appointment
Mon - Fri: 9am - 5pm
Closed Sat - Sun
What our clients have to say
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Frequently Asked Questions
When to get a lawyer for a divorce or separation?
When you are ending a significant relationship, whether divorcing from a marriage or separating from de facto relationship, there are a number of situations in which it is well-advised to engage the services of a lawyer.
If you need to divide your assets and liabilities and finalise a property settlement, having a knowledgeable family lawyer working with you will ensure that your interests are protected and settlement is approached fairly. They can help you calculate the value of the property pool, make an equitable split and draft any orders or financial agreements required.
Creating legal parenting arrangements is another situation in which assistance from a family lawyer is very helpful, especially if you are formalising arrangements through consent orders. This is even more vital if there are parenting conflicts, disputes or any instances of child neglect, abuse or family violence.
Do all family law matters have to go to Family Court?
No, not at all. Almost all family law matters can be resolved outside of court. This generally comes with significant cost savings and allows parties to negotiate in a less formal setting, reducing the stress involved for many people.
Only a small percentage of family law proceedings are resolved by a court determination with family court lawyers – the vast majority are settled outside of the formal court process. Because you won’t be paying for courtroom legal representation, the whole process will cost significantly less, and you can still reach a legally binding agreement with your ex-partner.
What are my alternatives to going to court during a divorce or separation?
Legal professionals use various methods to reach an agreement between parties after a marriage or significant relationship ends for various legal matters. Almost all matters arising after a relationship breakdown, from financial settlement to family law disputes, can be resolved through mediation, collaborative law, or family dispute resolution.
These family law services are done away from the family law courts, in private spaces, with experienced mediators or dispute resolution specialists serving as neutral third parties. Compared to litigation (going to court), these avenues are far less expensive (in most cases) and offer a more flexible way to resolve your matters.
A specialist, nationally accredited mediator may be a lawyer, or someone with relevant skills and training who has become a practitioner in this area. ADR (Alternative Dispute Resolution) and FDR practitioners are trained to be fair and impartial and work between two parties to reach a middle ground.
Reaching a fair and equitable outcome in this way is absolutely possible, and the Federal Circuit and Family Court of Australia require—in most cases—that a Certificate of Mediation be presented prior to an application for a court hearing. Our team has extensive experience resolving various family law matters this way, including property matters, care arrangements and family law disputes.
What happens if I want to do mediation and my ex-partner doesn’t?
In Australia, an attempt to resolve family law matters via mediation is generally required before applying the matter to go to court. This means that both parties are expected to attend mediation (either in person or possibly by video conference) to see if they can reach an agreement.
If you and your ex-partner get along well (or can put your differences aside to agree), everything from financial settlements, parenting arrangements and child support payments can be worked out in this manner. If you have invited your ex-partner to attend mediation and they decline, you will receive a Certificate of Non-Attendance, which you can present with your Court application.
Do I need to hire a family court lawyer, or can I represent myself in family court?
Yes, you can represent yourself in family court in Australia, but in most cases, it is not advisable to do so because family law is quite a complex area. If your ex-partner has a skilled legal representative and you are self-representing, it’s quite likely that you will be at a disadvantage.
While you may save money in the short term by not hiring a family lawyer, you risk not giving yourself the best chance to achieve the desired outcome. There’s often a lot at stake in family court proceedings, and in most cases, the risks of self-representation outweigh any short-term benefits.
If financial issues are the cause of your choice to self-represent, you may be able to seek legal advice or be represented through Legal Aid or other litigation funding options offered by family law firms.
How long do Family Court hearings take?
Most family court hearings are settled within a year of proceeding. You may only be in the courtroom for a few hours, but due to the significant backlog of Australian family courts, there may be considerable time gaps between the first and final hearings. However, there is no standard time for hearings; some take 2-3 years.
What is the benefit of getting family law advice?
We’re often asked if I need family law advice. Our answer is usually the same. While you may not technically be required to have a lawyer, it’s often the most sensible option. Getting specialist family law advice will give you insights into your best course of action, approach strategies and a better idea of what is and isn’t possible.
You may save money right now by not seeking expert legal advice, but this could cost you money and time in the long run if you cannot reach the outcome you want. It may also mean that you are placed in a situation in which you respond without understanding the implications, such as taking a smaller settlement than is possible or losing the chance to spend valuable time with your children.
As a specialist family law firm, our family and divorce lawyers will:
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Ensure you reach the best possible resolution for you and your children when deciding on parenting arrangements.
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Help you create enforceable, fair, binding financial agreements during a relationship.
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Ensure you get what you’re entitled to during divorce and property settlement.
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Help you move forward safely and securely with the full protection of the law when family violence occurs or relationships break down.
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Family disputes and relationship breakdowns can be incredibly difficult. We’re here to provide honest, expert advice to help make the process easier and ensure you reach a fair, stress-free resolution.
What matters can a family lawyer help me with?
A family law expert helps with most matters relating to relationship law – such as marriages, de facto relationships and parenting matters. Family law services do not cover family disputes unrelated to these areas, such as two adult siblings in a financial dispute.
Family law practitioners provide the following legal services:
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Divorce and separation matters, including divorce applications and divorce orders
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De facto relationship breakdown, including same-sex relationships or LGBTIQ+ relationship breakdown
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Parenting arrangements, including parenting plans, parenting orders and parenting disputes
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Relocation matters
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Property settlement and financial settlements
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International family law matters
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Complex property and financial matters, such as self-managed superannuation funds or where business interests are present
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Asset protection, using prenuptial agreements and binding financial agreements
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Family Violence Intervention Orders (FVIO), and matters relating to family and domestic violence
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Child protection
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Contravention applications
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Spousal maintenance and child support matters, including creating a binding child support agreement for financial support, disputes over child support payable and child support assessment.
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Children’s matters, in which an Independent Children’s Lawyer may be required
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Adoption, kinship and surrogacy matters
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Hague Convention applications and international child abduction
Family law services cover a wide range of issues, and many different types of specialisations are in the field. It’s best to discuss your needs with an experienced family lawyer to see if they’ll fit your needs during your family law journey.
How do I find a good family lawyer?
Choosing a family lawyer can be a big decision, with the power to significantly impact your family and financial future. As with anyone you consider working with, it’s imperative to do some research before choosing your legal team.
Ask around, look at online reviews and take some time to think about your needs. Also, remember that the best family lawyers for you may differ from those who have been great for someone else.
For example, you may have a complex business to split and need someone with solid skills in this area who can provide expert guidance on financial nuances. You may be dealing with family violence intervention orders and wish to work with someone with a special interest in this area.
Experienced family lawyers can help across a broad range of areas, so if you are dealing with a minor family law dispute or simply getting Consent Orders formalised, selecting a family lawyer won’t require as much research.
Getting the right legal advice and feeling comfortable with your family solicitor or family law specialist is vital.
What are the new changes to the Family Law Act?
As of May 2024, significant changes to the Family Law Act came in, which are the most extensive legislative shifts in recent decades. You can view them here. The new laws will affect how many family law cases are managed.
Some of the areas where changes are occurring include:
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The way that family and domestic violence matters are handled in family law cases
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The presumption of equal shared parental responsibility
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The introduction of cultural protections for Indigenous & Torres Strait Islander children’s matters
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Considerations of the impact of gambling on financial settlements
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Changes to parental relocation guidelines
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Prioritising effective resolutions for family law issues
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New criteria for making changes to existing parenting orders
If you would like to learn more about these changes and how they may affect your family law matter, it’s worth chatting with an accredited family law practitioner or family law specialist.
At Testart Family Lawyers, we strive to get you the best possible result. We will work with you every step of the way during your separation or divorce process, ensuring you can make informed decisions about your family law matters.