Separation Lawyers Melbourne
Guiding you through the legal aspects of separation with integrity and compassion. Committed to resolving your relationship matters outside of court wherever possible.
Compassionate Guidance
Expertise You Can Trust
Your Wellbeing Is Our Priority
Separating Is Possible Without The Stress Of Court
Separation can be overwhelming. We are here to help you effectively move through this time in your life with empathy and transparent legal guidance. Our aim is to help you and your ex-partner resolve your matters outside of the courtroom, ensuring a smooth transition into the next chapter of your life.
Free Appointment
Compassionate & Practical Legal Advice
It’s hard to know where to start when a relationship ends, and the separation process can get more complicated when you need to negotiate parenting and financial arrangements.
Our team of highly experienced family lawyers are dedicated to making legal separation as simple as it can be, providing guidance that is grounded in integrity. We’ll empower you to make informed decisions about your future, backed by the expertise to achieve a fair resolution.
We Are Here To Simplify Your Separation
We know that separation can be complex, but with our experienced team guiding you, you’ll have the confidence to effectively resolve legal matters with your former partner.
We provide timely, realistic advice, aiming to finalise your matter amicably through mediation and negotiation. In the rare event that court does become necessary, our Principal Lawyer, Marc Testart, brings extensive courtroom experience and can support you every step of the way.
Working with us will enable you to have a smoother divorce or separation. Our solutions are selected to work with your individual circumstances and enable you to move forward in your life.
Areas of Practice
Family Law
De Facto Couples
Children & Custody
Binding Financial Agreements
Property Settlement
Family Violence
Intervention Orders
Same Sex Divorce
Integrity & Expertise Every Step Of The Way
We know that there are many emotional, practical, and legal considerations to manage during a separation. Our team will ensure that your matter is handled with the attention it deserves. a
You’ll have the information required to make empowered decisions about your future, even during challenging moments. You can rely on us to provide personal advice and help you reach an agreement efficiently, amicably, and cost-effectively.
How To Work With Testart’s Separation Lawyers
Our separation lawyers offer a high level of expertise across all family law matters related to the separation process. We aim to minimise the stress that comes with separation and divorce, while working to achieve a best interests outcome.
Step 1: Book Your Free Consultation
Reach out today to schedule your complimentary first appointment – obligation-free.
Step 2: We'll Create A Plan Of Action
During your first consultation, we’ll discuss your situation and what you want to achieve.
Step 3: Work With Our Separation Lawyers
We’ll outline your legal position and provide a clear strategy to start working on to meet your needs.
Book Your Free Appointment
Get in touch today to speak to a dedicated separation lawyer who can provide you with the legal help you need during this time. Contact us today to book an Free initial consultation.
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
claire simm3 November 2023I can highly recommend this firm, in particular Abbey who I met with. She was extremely knowledgeable & experienced & very helpful to talk to. She gave me so much of her time (as the initial consultation is free of charge) & was able to answer all my questions. She displayed great kindness & sensitivity & has a lovely warm nature but also made me feel confident in what she was saying. Thank you so much Abbey, I’m so grateful for your help 🙏😊
Travis McNamara4 September 2023Marc & Julia were kind, considerate and compassionate in discussing my legal needs, and helping me to navigate what has been a stressful time. I wouldn’t have any hesitation in recommending the firm to friends, family or anyone that is seeking support from an organisation that truly operates with heart. That is a rare quality, and I certainly appreciated it.
Daniela Resel17 April 2023Testart is exactly the legal team for you if you are a person who values high end Family Lawyers who will uniquely design your legal case for the best outcome. Testart will not absorb your finances and in fact the finance team will keep you on target . The most outstanding service you will ever come across. The team is knowledgeable and will never make a commitment they will not deliver. I appreciated and noted despite how crippling my situation was, Testart supported me beyond just representing me as client. If you are a woman, and lost in the process of seeking family law advice, please give them a call. They will listen with compassion and provide several solutions for your situation. I honestly was surprised how important my case was viewed and I never felt alone nor unprotected. Testart removed the unnecessary stress for my safety and security as they are well equipped in all elements of Family Law and placed high importance for the protection /safety/ wellbeing of my children and immediate family members.
Appu Ryan31 January 2023Thank you Marc, Abbey Stephanie for being there solving my concerns. Abbey I do not have words for the immense support you gave me from the start to the Finish all the way through. A highly professional team with Integrity. Once again I Thank all of you and Wish you all the very best with all the blessings for an excellent leading career. Remember In Prayers.
Tanya Veto25 July 2022After two long years of frustration with another lawyer, I finally made my way to Marc, Abbey and Steph. They were able to get things moving and within three months my case was settled. I cannot thank them enough for their care and kindness along with their expert knowledge. I highly recommend Testart Family Lawyers.
pinkle patel6 April 2022Marc was great in assisting with the family dispute matters. He is an exceptional lawyer with a great calibre. He was very attentive and supportive during the difficult time of my complex matter. I deeply thank Testart Family for helping to reach a solution after a long battle of years. Highly recommend Marc for his compassion and professionalism towards the family law dispute.
Sarah Blee13 February 2022I recently engaged Testart Family Lawyers to assist with the preparation of a Binding Financial Agreement and could not have been happier with the advice and service I received. Marc is approachable, compassionate, knowledgable and an expert in his field. I highly recommend Testart Family Lawyers to anyone needing a family lawyer.
kangaroo logs1 February 2022Marc Tesart is very cooperative and understanding. Client satisfaction is their priority.
Christine D20 September 2021It has been a great pleasure to choose Testart Family Lawyers to represent me for my legal matter. Marc and his team have been very professional, knowledgeable and efficient throughout my legal proceeding. I cannot express how thankful i am to Marc and his team in helping with my matter. I highly recommend Testart Family Lawyers.
Frequently Asked Questions
Do I need a lawyer for my separation?
No, you can choose to come to a private agreement, but even in that case, it’s a good idea to talk to a separation lawyer to ensure your agreement is fair and legally sound. If you are making parenting plans or want to get parenting orders, a lawyer will help ensure proper arrangements are made with regard to the Family Law Act.
While many family law matters can be straightforward, such as making a divorce application for a divorce order, things can get trickier if you need help with a marriage annulment or overseas marriages. Our team will provide personalised advice on parenting arrangements, property matters, and financial support after a relationship ends, guiding you through the legal process to avoid additional stress and secure fair outcomes.
What services do separation lawyers offer?
Separation lawyers offer comprehensive services tailored to your family law matter. They assist with drafting separation agreements, handling property matters, and securing spousal maintenance if eligible.
For de facto separations, they can clarify property ownership and asset division and help you understand non-financial contributions. Lawyers also offer guidance on child support payments and parenting arrangements. If legal representation is necessary, they will act on your behalf in the Family Court or Federal Circuit Court, advocating for your rights and helping you avoid drawn-out legal processes.
How is property settlement different after a marriage, de facto relationship or same-sex relationship in Australia?
In Australia, property settlement processes differ depending on whether the couple was married or in a de facto relationship. If you are in a same-sex relationship, your relationship will be guided by your legal status – so whether you were married or lived together in a de facto situation.
For married couples, there’s no strict time limit for property settlement applications before divorce. However, after a divorce order is granted, you have 12 months to apply. Missing this timeline may mean that you are unable to negotiate a property settlement with the other party.
In de facto relationships, where parties were living together on a genuine domestic basis, you must apply for a property settlement within two years of separation. The court considers various factors, such as non-financial contributions and financial support. Time limits are crucial, as failing to act within the specified period may prevent you from making a claim, requiring court permission for an extension.
How can a lawyer help during separation?
A family or separation lawyer provides crucial legal support during separation by offering independent legal advice, helping with negotiations, and ensuring that you know your rights and that they are upheld.
They can also represent you if you need to attend court as part of your separation or divorce process. They will help you to establish proper arrangements for property matters, child support, and parenting plans.
When children are involved, they help to ensure that the children live in a safe environment and assist in determining how much child support is necessary. Child support can be a confusing topic, whether you go through the Services Australia Child Support Agency or opt for a private financial agreement to pay child support. Lawyers help you to manage the legal process, ensuring your parental responsibility and rights are recognised and that any private agreements are legally sound.
How do I choose the right separation lawyer?
Choosing the right separation lawyer is vital to securing the best outcome in your family law matter. Look for a family law team with expertise in separations of de facto relationships and married couples.
They should offer clear communication, compassion, and a deep understanding of the Family Law Act. Our Melbourne-based lawyers provide personalised advice on property matters, parenting arrangements, and financial support, ensuring you’re fully informed and prepared for any legal challenges.
What are the steps to formalise a separation in Australia?
To formalise a separation, start by seeking legal information from a family lawyer. The process includes drafting a separation agreement that outlines property matters, child support, and parenting arrangements that are aligned with the Family Law Act.
If you and your de facto partner or spouse cannot agree, the matter may proceed to the Family Court or Federal Circuit Court, where formal court orders could be required. Ensuring compliance with the legal process helps secure fair outcomes and protects against financial hardship.
Can I organise pre-separation advice?
Absolutely, and it can help you to have a clear understanding of your position before you formalise your separation. If you’re facing separation—whether from a de facto partner or spouse, you don’t need to seek legal advice immediately, but it’s definitely wise to chat with a lawyer about your needs and a financial planner, too.
A family lawyer can assess your situation, looking at property ownership, and the living arrangements for any children involved. Whether living under the same roof or separately, our family law team provides personalised advice on how to proceed, helping you navigate the complexities of separation and ensuring all legal matters are addressed with integrity.