Relocation disputes arise where one parent seeks to move with a child and the other parent does not agree.
These cases are often complex, as a proposed move can significantly affect a child’s relationship with both parents, grandparents and other extended family, schooling, support networks, and day-to-day life. Relocation matters are determined on a case-by-case basis, with the child’s best interests as the central consideration.
If agreement cannot be reached, the Court will consider a range of factors, including:
- The benefit to the child of maintaining a meaningful relationship with both parents
- The impact of the proposed move on that relationship
- The reasons for the relocation
- The practical arrangements for the child (including schooling, housing and support)
- The capacity of each parent to facilitate the child’s relationship with the other parent
We have extensive experience dealing with cases where one parent seeks to relocate with their children interstate in Australia or overseas.
All of our five partners are Accredited Specialists in Family Law. We have a total of seven Accredited Specialists in Family Law.
Four of our partners were recognised in the 2026 edition of Doyle’s Guide – Leading Family Lawyers (Parenting & Children’s Matters) in Victoria.
Domestic Relocation
Domestic relocation involves a proposed move within Australia.
Even where the move is interstate or within the same state, it can significantly alter existing parenting arrangements. Issues commonly arise where:
- The distance affects time spent with the other parent
- Travel arrangements become impractical or costly
- Existing routines (schooling, extracurricular activities) are disrupted.
We assist clients in assessing whether a proposed move is likely to be supported and in structuring workable parenting arrangements where relocation proceeds.
International Relocation
International relocation involves additional legal and practical considerations.
These matters often involve:
- The risk of a child not being returned to Australia
- The need for safeguards and enforceable arrangements overseas
- Interaction with international conventions and foreign legal systems
- Passport, travel and consent issues
International relocation disputes are often more complex and may require urgent action. We provide strategic advice to ensure your position is protected from the outset.
Our team has significant experience in family law matters involving international elements, including three members of the International Academy of Family Lawyers, a global network of leading family law specialists, allowing us to work effectively with advisors in other jurisdictions where required.
Learn more about our international family law expertise →
Reaching Agreement
Where possible, relocation issues can be resolved by agreement.
This may involve:
- Adjusting parenting arrangements
- Structuring communication (including electronic communication)
- Planning for travel and holiday time
- Recording agreements through parenting plans or consent orders
A well-considered agreement can provide certainty and reduce the need for litigation.
If agreement cannot be reached then a court application may be required.
Our Approach
We provide clear, practical advice tailored to your circumstances.
We assist clients in:
- Understanding their position before making or responding to a proposed move
- Assessing the risks and likely outcomes
- Negotiating workable parenting arrangements
Where litigation is required, we ensure your case is clearly presented and supported by relevant evidence.
Book an Appointment
If you require advice in relation to relocation, contact our team to arrange an appointment.
PROPERTY & FINANCIAL SETTLEMENTS
Property Settlement Lawyers Melbourne
The division of assets, liabilities and financial resources is a key step following separation.
These matters often involve significant financial consequences, particularly where there are business interests, trusts, superannuation, or competing financial claims.
Our team includes seven Accredited Specialists in Family Law.
We have extensive experience advising on complex property settlement matter. Three of our partners are recognised in 2026 edition of Doyle’s Guide – Leading Family Lawyers (High-Value & Complex Property Matters) in Victoria.
We provide clear, strategic advice to help you achieve a commercially sound outcome.
Examples of Issues We Advise On
Property settlement matters can involve a range of complex financial issues. Examples include:
- Valuation of businesses and disputes as to their true financial position
- Complex trust and company structures, including interrelated entities
- Superannuation interests, including self-managed superannuation funds and defined benefit funds
- Tax implications arising from proposed divisions of property
- Loans or financial contributions from third parties (including parents or family members)
- Assets or financial arrangements spanning multiple countries
Our Expertise & Approach
We provide clear, strategic advice to help you achieve a commercially sound outcome.
Wherever possible, we work to achieve negotiated outcomes that avoid the need for court proceedings.
We provide accurate and up-to-date advice to assist clients in understanding their entitlements and making informed decisions at each stage of the process.
Where agreement cannot be reached, we prepare matters thoroughly to ensure your case is clearly presented and supported by relevant evidence.
We also frequently advise on matters involving overseas assets and cross-border issues. Our team includes members of the International Academy of Family Lawyers, a global network of leading family law specialists, allowing us to work effectively with advisors in other jurisdictions where required.
Learn more about our international family law expertise →
Key Issues in Property Settlements
Property settlement matters require consideration of a range of issues, including:
- Identifying the asset pool, including assets, liabilities and financial resources
- Assessing contributions made by each party during the relationship and after separation
- Evaluating future needs and financial circumstances
- Resolving disputes about the value of assets, including businesses and investments
- Addressing structures such as companies, trusts and superannuation
- Considering tax implications arising from any proposed division
These matters are fact-specific. The outcome will depend on the evidence and the practical realities of each case.
Resolving property settlements
Many property settlement matters are resolved by agreement.
This may involve negotiation between the parties or their legal representatives, and formalising the outcome through consent orders or a financial agreement.
If agreement cannot be reached, an application to the Court may be required.
Overview of the Process
The Court applies a structured approach when determining property settlement matters.
In general terms, this involves:
- Identifying and valuing the asset pool
- Assessing contributions made by each party
- Considering current and future circumstances
- Determining whether the proposed division is just and equitable
The outcome will depend on the circumstances of each case.
What is included in the asset pool?
The asset pool may include:
- Real estate, including the family home and investment properties
- Bank accounts and cash investments
- Superannuation and retirement funds
- Shares, investments and cryptocurrency
- Business interests, companies and trusts
- Personal property
- Liabilities such as loans, credit cards and tax debts
Assets and liabilities can be divided regardless of how they are held, including jointly, individually, or with third parties.
Time Limits
Time limits apply to applications for property settlement:
- Married couples: generally within 12 months of divorce
- De facto couples: generally within 2 years of separation
In some circumstances, the Court may grant leave to apply out of time.
We recommend obtaining advice as early as possible.
Complex Financial Structures
Some matters involve more complex financial arrangements, including:
- Business interests and company structures
- Family trusts and interrelated entities
- Valuation disputes
- Tax consequences arising from asset division
We assist clients in identifying and addressing these issues to ensure an outcome that is practical and effective.
Learn more about our expertise in Complex Financial Structures →
Financial Agreements
Property matters can also be resolved by way of a financial agreement.
Financial agreements may deal with:
- Division of property and financial resources
- Spousal maintenance
We can advise whether a financial agreement is appropriate in your circumstances.
Learn more about Financial Agreements/Prenups →
Frequently Asked Questions
Do I need to go to court?
Many matters are resolved without the need for court proceedings.
Where agreement is reached, it is important that the outcome is properly documented to ensure it is legally binding. This may be using court orders made by consent or a financial agreement or both.
If agreement cannot be reached, court proceedings may be required.
How long does a property settlement take?
Timeframes vary depending on the complexity of the matter.
Some matters resolve relatively quickly, while others involving complex financial arrangements may take longer.
What are consent orders?
Consent orders are a formal agreement approved by the Court, setting out how property and financial matters will be finalised.
They are legally binding and enforceable.
What is a financial agreement?
A financial agreement is a private agreement between the parties dealing with property and/or spousal maintenance.
These agreements must meet specific legal requirements to be binding.
Book an Appointment
If you require advice in relation to a property settlement, contact our team to arrange an appointment.