Family Lawyers in Melbourne

Separation hits kids, housing and finances all at once

Separation rarely happens cleanly. You are working out where the children will live, who pays the mortgage this month, and how to divide assets built up over years, often while still living under the same roof. Early advice is cheaper than late advice. The people who sign an informal deal at the kitchen table, then learn six months later that it cannot be enforced, are the ones who pay twice.

Call MK Law on 1800 130 120 for a free first conversation. We tell you what your position is, what the realistic options are, and what each one is likely to cost. If you want to know how we work before you dial, our frequently asked questions cover what happens on that first call and how quickly we can move.

Family law is federal law, and it rewards getting advice before you sign. Divorce, property and parenting are all run under the Family Law Act 1975 (Cth) in the Federal Circuit and Family Court of Australia, not the Victorian courts. The single most expensive mistake we see is an agreement reached without advice that has to be unwound later. One free call usually prevents it.

Separation and divorce under the Family Law Act 1975

Australia is a no-fault jurisdiction. The only ground for divorce under the Family Law Act 1975 (Cth) is that the marriage has broken down irretrievably, which is proved by 12 months of separation. You can be separated under the one roof, but the court will need an affidavit setting out the change in your living arrangements, your finances, and how you presented socially as a couple.

A divorce application is filed with the Federal Circuit and Family Court of Australia. You can apply on your own or jointly with your former partner. There is one short hearing where there are children under 18, and usually no hearing at all for a joint application without children. The order takes effect one month and one day after it is made.

A divorce order ends the marriage. It does not divide property and it does not deal with the children. Those are separate processes with their own deadlines. You have 12 months from the date the divorce order takes effect to commence property proceedings. De facto couples, including same-sex partners, have two years from the end of the relationship. Our divorce lawyers handle the application; the property and parenting work runs alongside it.

Divorce ends the marriage, not the money or the parenting

Many people assume the divorce order sorts everything out. It does not. It is a single, narrow step that legally ends the marriage. Your property settlement and your parenting arrangements are separate matters that each run on their own track, and each carries its own time limit. On the first call we map all three for you: where the 12 month divorce clock sits, what your property entitlement looks like under the four-step approach, and what a workable parenting arrangement would be for your children. You leave with a plan and a clear next step on each track.

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Property settlement and the four-step approach

Family law property settlement runs on a four-step process under sections 79 and 90SM of the Act. The same approach applies whether you were married or in a de facto relationship.

Step one is identifying the asset pool. That is everything either of you owns or owes, in any name, anywhere in the world: the family home, investment properties, superannuation, businesses, trusts, shares, vehicles, and debts. Disclosure has to be full and frank, and the family court takes a dim view of assets that surface after the fact.

Step two looks at contributions, both financial and non-financial, made by each of you before, during and after the relationship. That includes wages and inheritances, but it also includes raising children, renovating the house, and running the household. A parent who stayed home is not credited less than the parent who earned.

Step three weighs future needs. Age, health, earning capacity, who has primary care of the children, and the length of the relationship all matter. A 40-year-old parent with three children and a part-time wage usually has greater future needs than a 50-year-old professional on a full-time income.

Step four is the just and equitable check. The court stands back and asks whether the proposed division is fair in all the circumstances. There is no presumption that the pool is split down the middle.

Most property matters never see a courtroom. They settle by negotiation between lawyers, then get formalised in one of two ways: consent orders filed with the Federal Circuit and Family Court, or a binding financial agreement signed with independent legal advice on both sides. Where the asset pool is clear and the parties are talking, property settlement work can be resolved quickly by consent. For a plain-language walk-through of how a split actually lands, see our divorce settlement guide.

Parenting arrangements and parenting orders

The Family Law Act asks one question above all others: what is in the best interests of the child? The 2024 reforms removed the old presumption of equal shared parental responsibility and replaced it with a clearer focus on safety and each child’s needs. Time arrangements no longer start from a 50/50 assumption but from what actually works for the child.

Parenting arrangements can be informal, written into a parenting plan (a signed document that is persuasive but not legally enforceable), or formalised by consent orders that the court can enforce. Where parents cannot agree, an application for parenting orders is filed and the court decides who the child lives with, how time and communication are shared, and who makes the major long-term decisions about health, schooling and religion.

Family dispute resolution is mandatory before you can file a parenting application. An accredited FDR practitioner runs the mediation, and if it does not resolve the dispute, a section 60I certificate is issued so you can proceed. Exemptions apply for family violence, urgency, and where one party refuses to take part. Relocation disputes, where one parent wants to move away with the children, and concerns about risk of harm are among the matters we handle most often.

Family violence and intervention orders

Family violence is dealt with at the Magistrates Court of Victoria under the Family Violence Protection Act 2008 (Vic). This is the one part of a family law matter that sits in the Victorian courts rather than the federal system. A family violence intervention order, often called an FVIO or IVO, protects an affected family member from physical, emotional, financial or psychological abuse, threats, or controlling behaviour, and it can protect children as well.

Interim orders can be made on the same day where the risk is immediate. Final orders are made after a contested hearing or by consent, with or without admissions. Breaching an intervention order is a criminal offence. Family violence also matters in the family court: where there are allegations of violence, the court must take them into account when deciding what parenting arrangement is in a child’s best interests. We act for applicants seeking family violence protection and for respondents who need a fair hearing, including those who say an order is being used as a tactic in a property or parenting fight.

The family home is usually the hardest thing to divide

For most separating couples the family home is the largest asset and the most emotional one. Selling it, transferring it to one party with an offset against superannuation, or holding it until the children finish school are all options, and the right one depends on the asset pool, the parenting arrangement and what each of you can service. Get advice before you agree to anything: there are real time limits on property claims, and an arrangement that feels fair at the kitchen table can leave you exposed once it is signed. We tell you what the home is worth to your settlement before you commit to a number.

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Child support

Child support is administered by Services Australia, not the family court. The formula factors in each parent’s adjusted taxable income, the number and ages of the children, and the percentage of care each parent provides.

A departure from the formula can be applied for where the assessment does not reflect reality. Common grounds include private school fees, special medical needs, the high cost of contact where one parent lives far away, or where the paying parent’s income is being suppressed through a company or trust. The departure application goes to Services Australia first, and to the Administrative Review Tribunal on appeal. Our child support guide sets out how the assessment is built and when it is worth challenging.

Mediation, family dispute resolution and out-of-court settlement

Most clients want a result, not a fight. Before any application is filed, we usually attempt resolution through one of several paths. Family dispute resolution is the structured mediation required for parenting matters. Private mediation, often run by a retired judge or senior barrister, suits property matters with complex asset pools. Direct lawyer-assisted negotiation resolves a great many financial agreements without anyone setting foot in court. Collaborative practice involves both lawyers and both clients signing an agreement to settle out of court, with full disclosure and round-table meetings.

Dispute resolution keeps the cost down, keeps your affairs private, and keeps the decision in your hands rather than a judge’s. We treat the courtroom as the last option, not the first.

Where we appear

We appear in the Federal Circuit and Family Court of Australia for divorce, property and parenting matters. We appear in the Magistrates Court of Victoria for family violence intervention orders and related matters. For contested final hearings we brief experienced family law barristers, and we manage that relationship so you are not paying two firms to do the same reading. You can read about the firm first, so you know who you are handing the matter to.

What it costs

An uncontested divorce application, a set of consent orders where the parties already agree, or an application for a family violence intervention order is contained work with a clear end point.

Contested property and parenting matters are a different exercise. They involve full financial disclosure, expert evidence from valuers, accountants and single experts on parenting, interim hearings, and then a final hearing. The more that is genuinely in dispute, the more the matter costs, so we work to narrow the issues early. If a file is heading the wrong way on cost, we say so early rather than let it drift. We scope your matter in the free first call.

Talk to a Melbourne family lawyer today

Whether you have just separated, you have been served with court documents, or you signed something a year ago that you now regret, the first call is free. Call 1800 130 120 or use the form on this page. We answer evenings and weekends, because separation does not keep office hours. You can also see how family law fits with the rest of our civil law services.