Family Lawyers Melbourne

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.

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.

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.

You can! It is perfectly reasonable to try to save on legal costs. Getting a lawyer and going to court is expensive. If you can reach an explicit informal agreement with your ex-partner, you can ‘simply divide and walk away.’ This is especially the case where there is little property to divide, and each party can support themselves without needing spousal maintenance or social security.

But there are risks. A good lawyer should be able to save you much more money than you spend on them. One significant risk for not using a lawyer to assist with your legal issues, is that informal agreements generally cannot stop someone from turning around and taking you to Court later. This may end up costing you thousands of dollars extra down the track.

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.

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:

• Ensure you reach the best possible resolution for you and your children when deciding on parenting arrangements.

• Help you create enforceable, fair, binding financial agreements during a relationship.

• Ensure you get what you’re entitled to during divorce and property settlement.

• Help you move forward safely and securely with the full protection of the law when family violence occurs or relationships break down.

• 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.

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:

• Divorce and separation matters, including divorce applications and divorce orders

• De facto relationship breakdown, including same-sex relationships or LGBTIQ+ relationship breakdown

• Parenting arrangements, including parenting plans, parenting orders and parenting disputes

• Relocation matters

• Property settlement and financial settlements

• International family law matters

• Complex property and financial matters, such as self-managed superannuation funds or where business interests are present

• Asset protection, using prenuptial agreements and binding financial agreements

• Family Violence Intervention Orders (FVIO), and matters relating to family and domestic violence

• Child protection

• Contravention applications

• 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.

• Children’s matters, in which an Independent Children’s Lawyer may be required

• Adoption, kinship and surrogacy matters

• 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.

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.

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:

• The way that family and domestic violence matters are handled in family law cases

• The presumption of equal shared parental responsibility

• The introduction of cultural protections for Indigenous & Torres Strait Islander children’s matters

• Considerations of the impact of gambling on financial settlements

• Changes to parental relocation guidelines

• Prioritising effective resolutions for family law issues

• 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.