Family Lawyers Malvern
Work with a highly experienced team of Malvern Family Lawyers, led by former barrister Marc Testart, who are committed to resolving your matter with excellence and compassion.
- Mediation-First Approach
- Led By Former Barrister Marc Testart
- Free Introductory Session
Our Malvern Family Lawyers Are Committed To Keeping Your Family Out of Court
Our family lawyers work with separating couples in Malvern, and are dedicated to resolving your family law matters with integrity. We’ve been working with local families and separating couples across Malvern and Melbourne’s southeast since 2013, helping them through divorce, de facto separation, parenting and property matters.
We will ensure that your legal matters are handled with the utmost care and attention to detail, and aim to make the process as easy and stress-free as possible. From our first engagement to the resolution of your issue – we’ll take care of you.
Simply book a free introductory session to get started.
Book a Free Introductory Session
Helping You Reach Agreement After Divorce & Separation
With so many relationships ending in breakdown today, family matters often end up in the court system, which can be an overwhelming experience for both parties. In our experience, almost all family law matters can be resolved using mediation, dispute resolution and reasonable negotiations.
Our family law practice is built on a foundation of experience, excellence and compassion. We care about our clients and always strive to ensure we achieve their desired results, avoiding court intervention and litigation unless it's the last resort.
Divorce, separation and family disputes can be incredibly stressful – not to mention expensive. We aim to provide the most efficient, cost-effective and effective resolution possible.
How A Family Law Matter Works
It can be difficult to know where to start when considering divorce or separation, which is why getting early advice about your legal position is a good place to start. This can help you to understand how property and parenting matters will be managed, and ensure you are aware of the processes, timelines and costs involved.
Most people start the separation with private discussions, mediation or lawyer-assisted negotiations, considering how asset division will look, and what parenting arrangements to put into place. Family Dispute Resolution (FDR), which is a type of family law mediation, is often used to reach agreements, and is a necessary pre-action procedure for parenting matters that may need to be heard in court, unless an exemption applies, such as safety concerns or urgency.
If FDR is attempted and does not resolve the situation, a section 60I certificate will be issued. This certificate can be used in the following 12 months to support a court application if required. Property settlement starts with financial disclosure from both parties and assessing the assets and liabilities in the pool, followed by weighing up contributions and the needs of both parties, before deciding on a split and whether the outcome is just and equitable.
Most matters don’t need to go to court, and it’s generally a last resort, when all other avenues have been exhausted. We stay focused on helping you to reach an outcome as efficiently and amicably as possible, and formalising agreements made using consent orders, or a financial agreement, for property matters.
If you are considering divorce or separation and want to understand your next steps, please get in touch to book a free introductory call.
Meet Our Malvern Family Lawyer, Marc Testart
Marc Testart founded Testart Family Lawyers in 2013 with a clear philosophy - wherever possible, to help families resolve disputes without the costs, stress and uncertainty of litigation. As a former family law barrister, he brings insight gained through appearing in many contested family law and appellate proceedings.
Marc has advised clients across a broad range of family law matters, including complex property settlements, business and trust interests, high-value asset pools and high-conflict parenting disputes. Because he understands how a matter would be viewed before a judge, he identifies legal issues early, prepares clients properly if court becomes necessary, and keeps the focus on resolving matters without it.
Our Malvern Family Lawyers Practice Areas
From parenting disputes through to consent orders, your children’s best interests are our priority, and our expertise ensures effective solutions that are tailored to your family’s needs.
Divorce & Separation
Consent Orders
Mediation & Dispute Resolution
Child Support
Parenting Arrangements
Family Violence Lawyers
What Our Clients Have To Say
Book A Free Introductory Session With Testart’s Malvern Family Lawyers
Work with our Malvern family lawyers to develop a clear strategy for your family law matter, and move towards a resolution based in integrity. Book your free introductory session today to get started.
Step 1.
Book a Free Introductory Session
Get started with your free introductory session. We ask questions to get to know you and better understand your situation.
Step 2.
Book a Strategy Session
Sit down with one of our experienced Malvern family lawyers and we’ll develop a clear case plan tailored to your circumstances.
Step 3.
Engage Us As Your Guide
You’ll have a clear strategy for moving forward, and we’ll guide you through every stage of your matter to resolution.
*Please note the strategy session is paid ($330 inc GST) and allows for a 1 hour strategy session with a family lawyer.
Book a Free Introductory Session
Address
Level 3/489 Toorak Road
Toorak VIC 3142
Open Hours - By Appointment
Monday-Friday: 9am-5pm
Weekends: Closed
Frequently Asked Questions
What happens at the free introductory session?
During your free introductory session you’ll have an opportunity to explain your circumstances, ask questions about your family law matter and discuss options for resolution. We’ll listen to your circumstances, help identify the key issues and discuss what your next steps will look like. There is no obligation to proceed, but you’ll leave with a much clearer idea about your legal position and how to reach a resolution. If you can’t make it into our office from Malvern, please let us know and we can organise a phone or video consultation.
Do we have to try mediation before going to court?
It’s a good idea to attempt mediation in the early stages of negotiating family law matters. In most cases, the process will help to identify issues for discussion that can often be resolved in an informal setting that is facilitated by a neutral mediator. Family Dispute Resolution, which is a type of mediation used in family law, is generally required before making an application for the court to hear parenting matters, unless an exemption applies, or your matter is urgent. Mediation is not compulsory for property matters, but where suitable, it is a cost-effective way to approach negotiations and reach a resolution, and the court's pre-action procedures for financial matters require parties to make a genuine attempt to resolve the dispute before filing.
How long do I have to apply for a property settlement?
If you are married, you can apply for a property settlement at any time during separation before filing for a divorce. Once a divorce is granted, you have 12 months to initiate a property settlement. If you are leaving a de facto relationship, you have two years from the date of your separation to apply. If you miss the time limits, you can apply to the court for permission to commence proceedings, but this may not be granted, so it’s best to act within time limits wherever possible.
How long does a family law matter usually take?
If both people are cooperative in reaching a resolution, most family law matters can be resolved within months, generally through private discussions, lawyer-assisted negotiations and using FDR or mediation. Complex or disputed matters generally take longer to resolve, and matters that go to court will be dependent on court timelines, which may be months, or even years, for matters that go to trial.
Visiting Our Office
Our office is conveniently located at Level 3/489 Toorak Rd, Toorak VIC 3142, a short drive from Malvern and easily accessible from surrounding Melbourne suburbs such as South Yarra, Armadale, Richmond, Prahran, Glen Iris, Camberwell and Caulfield. We are open Monday to Friday from 9am to 5pm, by appointment.
If you are travelling by car from Malvern, travel along Toorak Road to 489 Toorak Road, where you’ll find our office located above street level shops. Allow 5-10 minutes travel time, dependent on traffic.
If you are using public transport, you can travel from the Malvern Station to the Toorak Station, and from there, our Toorak Road office is a short walk away. The Route 72, 58 and 16 trams also service this location.
Can’t make it in? We can organise a phone or video appointment - just let our team know you’d prefer this when you make your booking.