Separated, or About to Be? Know Where You Stand on the Kids, the House and the Money

Not always — some situations can be resolved without formal legal involvement. The key is understanding your position early so you don’t make decisions that limit your options later. The free 15-minute call is designed to help you work out whether you need legal help, and if so, what kind.

Not necessarily — in many cases, the opposite is true. Getting clear advice early can actually reduce conflict by ensuring the right steps are taken from the start. Our focus is on practical outcomes, not escalation unless it’s required.

It depends on what will achieve the best outcome for you. In some situations, an overly aggressive approach increases conflict, cost and delay. Where a firm and assertive approach is needed — including in court — we take it. The focus is always on what’s most effective, not simply being combative.

You’ll speak directly with a family lawyer about your situation.

We’ll ask a few key questions, obtain an initial understanding of your situation and help you identify the available options and next steps.

There’s no obligation to proceed after the call.

No. The purpose of the call is to give you clarity on your situation.

If you don’t need further legal help, we’ll tell you. If you do, we’ll explain your options clearly so you can decide what to do next.

That’s a common concern.

Some matters can be resolved quickly with the right early advice, while others require more ongoing work.

Where appropriate, we can discuss flexible payment options and, in some cases, legal funding to help manage costs.

The first step is understanding your situation so we can give you a clearer idea of what’s involved.

In some cases, yes.

We understand that separation can create financial pressure. Depending on your situation, there may be options available, including flexible payment arrangements or legal funding.

We can discuss what may be available once we understand your circumstances.

We do not provide Legal Aid or Victoria Legal Aid services. We are a private practice. Depending on your circumstances, we may be able to discuss staged payments or flexible payment arrangements. Eligible clients with a family law property settlement may also be able to apply for funding through JustFund, subject to its eligibility criteria, approval process, fees and repayment terms.

Some people do — particularly in the early stages. The difficulty is that decisions made without understanding your legal position can affect what happens later. A short conversation can help you understand where you stand before those decisions are made.

In some cases, waiting doesn’t cause immediate issues. In others — particularly where children, property or financial decisions are involved — early choices can affect your position significantly. Getting advice early helps you understand what matters before those decisions are made.

Not necessarily. Many family law matters can be resolved through negotiation, Family Dispute Resolution or consent orders without the need for a final court hearing. Whether court proceedings are required will depend on the issues in dispute, the urgency of the matter, any safety concerns and whether the other party is willing to negotiate reasonably. We will explain the available options, recommend the most appropriate pathway and help you understand the likely costs, risks and next steps.

Where court proceedings are necessary, we will prepare your matter carefully and guide you through each stage of the process.

That’s quite common. Getting your own advice early helps ensure you understand your position and can respond appropriately — rather than reacting to decisions being made on the other side without your input.

It depends on your situation. In some cases, there’s no immediate urgency. In others — particularly where children, property decisions, or legal time limits are involved — early advice can be very important. A short conversation can help you understand whether timing matters in your case.

Yes. Our role is to give you clear and practical advice, even where that may involve identifying weaknesses or risks in your position. This allows you to make informed decisions based on your actual circumstances rather than assumptions.

No — just a basic outline of what’s going on is enough. We’ll guide the conversation, ask the questions we need, and make the most of the time together. If you have key questions ready, that’s always helpful — but it’s not required.

Generally, married couples have 12 months after a divorce becomes final to start property proceedings, and de facto couples have 2 years after separation. It is best to get advice well before these time limits.

Yes. One spouse can apply on their own once you have been separated for at least 12 months.

Generally, yes. Family dispute resolution is usually required before parenting proceedings can start, although there are exceptions, such as urgency or family violence.

A binding financial agreement is an agreement about property and finances made before, during or after a marriage or de facto relationship. Each person must receive independent legal advice before signing for it to be binding.

Yes. We act for clients across Victoria by phone, Zoom or in person.

It is a conference, usually by Zoom, where we answer your questions, give you an overview of the process, help you understand your situation and likely next steps, and give you an estimate of costs.

A parenting plan is a written agreement signed and dated by both parents. It is not legally enforceable, but it can be flexible. Parenting orders are made by the court, either by agreement through consent orders or after a hearing, and they are legally binding. We can help you work out which suits your family.

No. Family law now talks about who a child lives with, who they spend time with, and who makes major long-term decisions about them. The focus is always on the child's best interests, including their safety and their relationships with both parents and other important people.

Consent orders are orders made by the Federal Circuit and Family Court of Australia when both people agree, usually without going to court. They can cover parenting arrangements, property or both, and they are legally binding. Without them, an informal property agreement may not be final, and a claim could still be made later.

There is no automatic 50/50 split. Broadly, the court looks at what is in the asset pool and what it is worth, each person's financial and non-financial contributions (including caring for children and the home), each person's current and future needs, and whether the overall result is just and equitable.

Yes. Superannuation is treated as property in family law and can be split, either by agreement (through consent orders or a binding financial agreement) or by court order. The split happens within the super system, so the money usually stays in super until the person receiving it can access it.

Spousal maintenance may be payable when one person cannot adequately support themselves and the other person has the capacity to pay. It is separate from child support. There are time limits: generally 12 months after a divorce becomes final, or 2 years after separation for de facto couples.

The length of the relationship can affect how each person's contributions are weighed, but there is no set formula based on years. Short relationships, long marriages and relationships with children can all lead to quite different outcomes, which is why early advice on your circumstances is worth having.

Keep copies of key financial documents, think about immediate arrangements for the children, and avoid signing anything or moving or selling significant assets until you understand your position. Getting advice early, even a short call, can stop decisions made now from limiting your options later.