Separation Lawyers Melbourne

Our separation lawyers focus on out of court resolutions such as mediation, negotiation and FDR, because they are a less stressful and more cost-effective option that result in the same legally enforceable agreements as court does. They also allow separating couples to have more say about their own future, rather than having someone else make the decision.

We are very well-placed to assist with urgent and unavoidable court matters though, with our firm led by a former family law barrister. We can assist with all aspects of parenting matters, from early care arrangements, consent orders and co-parenting disputes. We can also help with separation agreements, asset division, property settlement, binding financial agreements, financial support such as spousal maintenance and child support, and have strong experience with complex asset structures.

In Australia, property settlement processes slightly differ depending on whether a couple was married or in a de facto relationship – regardless of their gender. 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, in line with section 44(3) of the Family Law Act 1975. 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, as set out in section 44(5). The time limits are the main difference – and same-sex couples are covered by the same laws, based on the type of relationship they are in.

Choosing the right separation lawyer is important to secure the best outcome in your family law matter. Look for a specialist family law team with expertise in separations of de facto relationships and married couples. Do your research, through word of mouth recommendations, online reviews and by calling a few for a chat about your situation. Mediation is commonly used, so check if they offer this, and ask how they would manage your situation, and potential costs involved.

As with any professional relationship, it’s important you feel comfortable and confident in their skills to resolve your matter. If your matter is more complex, it’s worth looking for separation lawyers with additional skills, experience or accreditations in the relevant area. At Testart Family Lawyers, you’ll be working with a team led by a highly experienced ex-barrister, with a focus on out of court resolutions. This can be a very helpful skillset both for those wanting to amicably finalise matters, and those who may need to resolve their matter in court. We offer a free introductory session if you’d like to find out more.

Separating from your partner is a personal choice, and does not require any specific legal steps to confirm it as valid, although it can be helpful to have the date in writing. Ending your relationship is not the same as finalising property or parenting matters though, both which are separate legal steps in most cases. It’s worth seeking legal information from a separation lawyer relevant to your circumstances to begin with.

Property matters will require the shared asset pool to be assessed, and an equitable split negotiated from there. Once both parties agree, this can be drafted into a financial agreement or consent orders.

Some people choose to informally make arrangements with care of their children, and it works well for them. Others prefer to have more legal certainty, in which case consent orders are a common option. Child support and spousal maintenance may also need to be considered.

If you and your de facto partner or spouse cannot agree, mediation is an excellent avenue to resolve disputes. If an agreement still cannot be made, your matter may proceed to the Federal Circuit and Family Court of Australia, where formal court orders can be made for parenting and/or property matters by a registrar or judge.

Absolutely, and it’s a great early step to take. It will help you to have a clear understanding of your position before you formalise your separation, and what steps will be involved for your situation. You don’t need to take any action immediately, but it’s definitely a good idea to chat with a lawyer about your needs, and consider getting taxation and financial advice.

A separation lawyer can assess your situation, look at the property pool (assets and debts), as well as how care arrangements for children involved may look. By getting pre-separation advice, you’ll have time to consider your options before moving forward, and gather any necessary information, such as financial details for when you are ready to address matters.

Separation is a decision made by one or both parties in a de facto relationship or marriage. Both parties do not have to agree on separating, but if one person wishes to end a relationship, separation occurs. This can happen while a couple is still living together, and often is this way in the early stages. Separation ends a de facto relationship, with no further formal steps required. 

Separation ends the relationship for married couples, but it doesn’t change the legal status of being married. Two people can remain married for years, even decades after separation, until either party initiates the legal divorce process. A divorce ends the legal status of being married, and requires an application to be made through the court. A married couple must be separated for 12 months under section 48 of the Family Law Act 1975 (Cth) before they are eligible to apply for a divorce.

The date of separation is really important for both separating de facto and married couples, but for different reasons. Your official separation date is the day that either party (or both) decides to end the relationship. This may be indicated by a conversation, text, email or moving out. However it is communicated, it’s a good idea to have a copy in writing for future reference, if required. 

The reason this date is so important is because it starts the 12 month separation period necessary to apply for a divorce for married couples. It also starts the ‘clock’ for the two year time limit to make a property claim for de facto couples as per  section 44(5)(a)(i) of the Family Law Act 1975. Separation under one roof is counted as a valid separation, as set out in section 49(2). This date needs to be clear to avoid disputes and also may be required for taxation or Services Australia purposes.

Not at all. Separation is a personal choice made by one or both parties in a relationship. Separation itself does not resolve parenting or property matters though, but the majority of Australian couples who separate don’t finalise these matters in court. They usually reach agreements through private discussion, lawyer assisted negotiation or mediation, and have agreements formalised with consent orders. Very few matters end up in court, and this is generally when there are complex disputes, complicated property settlements or a risk or harm to either party or children involved.

Family violence has been a consideration in many family law matters in Australia for decades, but from 10 June 2025, it was added to the Family Law Act (1975) as required consideration for all property settlement matters. This includes economic and financial abuse, as well as all forms of domestic and family violence, as outlined in section 4AB of the Family Law Act (1975). It is now expressly covered in the considerations during property settlement, and may influence how the affected person’s current and future needs are considered.

For some couples, with a small asset pool, shorter relationship and/or no children, separation costs are minimal, and can be resolved in months. If separating couples can agree on parenting time and property matters, and seek consent orders, costs will generally be between $5,000 – $20,000, and generally resolve in 3-8 months. Matters that go to court will cost more, unless self-representing. Most matters that do go to court will be finalised before a trial, and may cost $20,000-$100,000 depending on the complexity of the matter. Rarer matters that go to trial, or even appeal level, will often cost between $100,000-$300,000+. Court matters related to separation can have timelines from 6 months through to 3-4 years, depending on the nature of your matter and the case load at the Melbourne Federal Circuit and Family Court of Australia. 

At Testart Family Lawyers, we offer a free introductory session to discuss your matter, your legal position and options. We’ll also be able to give you a clear idea of the costs involved, and ways to minimise them – such as using mediation or FDR.