Family Law

Usually not. Separation simply means living separately and apart — there's no form to lodge to be "separated". Divorce is a separate step you can apply for once you've been separated for twelve months, and it can often be done by application without anyone attending court. Sorting out children and property is handled separately again, and most families resolve those by agreement through negotiation or mediation, without a contested hearing. Court is the last resort, not the starting point.

No. There is no automatic right to equal time. The law's single guiding principle is the best interests of the child — including their safety and their relationship with both parents. What that looks like depends entirely on the family: the children's ages, schooling, where each parent lives and what's workable day to day. Most parents reach a sensible arrangement themselves, written up as a parenting plan or made binding through consent orders. We help you build an arrangement that genuinely works for your children.

Not automatically down the middle. The court follows a four-step process: it identifies and values the whole asset pool (including superannuation and debts), weighs each person's financial and non-financial contributions, considers future needs such as the care of children and earning capacity, then checks the overall result is just and equitable. The right outcome varies for every couple. We'll give you a realistic sense of where you'd likely land and aim to settle it by agreement.

Yes, and it matters. For married couples, an application for a property settlement or spousal maintenance must generally be started within twelve months of your divorce becoming final. For de facto couples, it's generally within two years of separation. Applying after the time limit needs the court's permission, which isn't guaranteed. If you're approaching either deadline, it's worth getting advice sooner rather than later so your rights are protected.

An intervention order is a court order made in the Magistrates' Court of Victoria to protect a person from family violence. It can set conditions such as stopping someone from contacting or approaching you. If you feel unsafe you can apply for one, and police can also apply on your behalf or issue a Family Violence Safety Notice in urgent situations. We can help you apply, or respond if an order has been sought against you. If you are in immediate danger, always call 000 first.

It depends on whether your matter resolves by agreement or is contested — but we never leave you guessing. We give you clear, written costs before any work begins. A matter settled by negotiation or mediation is usually far quicker and far cheaper than one fought in court, which is exactly why we steer towards agreement wherever it's safe and sensible to do so.