Separation Lawyers Melbourne

If you are navigating a de facto separation, it is important to choose a lawyer who can provide clear, expert legal advice tailored to your situation. Begin by asking for recommendations from people you trust and getting a sense of which lawyers seem to have experience with de facto relationship matters, and other specific family law matters you are managing.

For complex family law matters, working with Accredited Family Law Specialists, such as the team at Forte Family Lawyers, will ensure you receive expert guidance tailored to de facto separations. Family law issues arising from a de facto separation—such as property settlement, parenting arrangements, or matters of domestic violence — require a lawyer with specific expertise in this area.

It’s important to understand that a family law lawyer can help with all aspects of a de facto separation, not just the legal process of formalising the end of the relationship. A good family lawyer can assist in negotiating property settlements, addressing parenting matters, and providing support in cases involving domestic violence, such as physical or emotional abuse.

Choosing a lawyer with experience in handling de facto separations will ensure that you have the necessary expertise to navigate the complexities of your matter. A skilled lawyer will support you at each step of the process and work to secure the best possible outcome for you and your family.

In Australian family law matters, attending court is a last resort in most cases. There are a number of ways to resolve your matter, and a family lawyer can help you to understand which one is right for your situation.

1. Negotiation: Direct communication between parties to reach an agreement without court involvement.
2. Mediation: A neutral third party (mediator) helps both sides discuss and resolve issues in a structured way.
3. Family Dispute Resolution (FDR): A formal mediation process, often required by law before court for parenting disputes.
4. Court Proceedings: If other methods fail, taking the matter to the Family Court or Federal Circuit Court for a formal resolution may be necessary.

In a de facto separation, property and parenting arrangements are typically resolved through private agreements or formal orders made by consent in the Federal Circuit Court and Family Court of Australia. A private agreement must meet the requirements for a financial agreement.

Orders may be fully agreed upon by both parties and signed off at a hearing or sometimes without a hearing altogether. However, if both parties cannot agree, the process may take longer and involve more negotiation or court proceedings.

For property settlements, the court aims for a “just and equitable” outcome, considering both monetary and non-monetary contributions made by each party, as well as factors such as future needs, earning capacity, and the best interests of any children involved. If you need advice or assistance with property settlements or financial matters following a de facto separation, we encourage you to book an initial consultation with our experienced team.

Our family law experts assist many Melbourne families in navigating financial settlements and help couples negotiate long-term parenting plans and child custody arrangements.

In a de facto separation or divorce where there are children involved, the courts no longer use the term “child custody”. The focus is on making parenting arrangements that are in the best interests of the child. Parenting matters are separate from property settlements, and these issues are addressed through family law proceedings. Forte Family Lawyers can assist you with legal matters relating to de facto separation, including parenting arrangements and property settlements.

Some people wish to resolve issues related to parenting, property settlement, and other family matters as quickly as possible, while others may need to work with a Family Dispute Resolution Practitioner before proceeding with legal action. As trusted family lawyers, Melbourne, we offer personal service and expert advice on all family law matters. We work with same-sex and de facto couples to address all aspects of relationship breakdown and separation.

Family violence can have a significant impact on both parenting and property matters, often being a key factor in the breakdown of a relationship. If there are existing orders in place, such as an Intervention Order or Child Protection Order, these may require one party to stay away from the other, and potentially from the children involved, to ensure their safety and wellbeing.

In cases of family violence, different types of orders can be sought. A Family Violence Intervention Order is typically obtained in the Magistrates’ Court. Police can also apply for a Safety Notice, Interim Intervention Order, or Final Intervention Order on your behalf. If necessary, a lawyer can assist in negotiating the terms of these orders or in renegotiating parenting arrangements to ensure the safety and best interests of the children.

If you have been served with a Safety Notice or an Interim Intervention Order, we can also help you contest these orders and work to negotiate terms that allow you to maintain contact with your children, where appropriate, while adhering to the legal requirements.

Restraining orders can also be issued by the Federal Circuit and Family Court of Australia to prevent one party from taking actions, such as selling property until a final court decision or mutual agreement is reached. These orders can help protect property and ensure that both parties comply with agreed-upon terms. Additionally, restraining orders can protect the children’s welfare by imposing conditions that ensure both parents act in the children’s best interests—for example, preventing one parent from denigrating the other in the children’s presence or relocating the children without consent or court approval.

If you need support for your divorce, please contact Forte Family and Divorce Lawyers, Melbourne.

Not at all. A de facto separation is a distinct process from matters such as child custody, property settlement, and other relationship breakdown issues, which a family lawyer can assist you with. Forte Family Lawyers offer expert services to help you navigate these matters. Some people are able to resolve issues related to separation, property settlement and children’s arrangements amicably and quickly, while others may need to work with a Family Dispute Resolution Practitioner before pursuing legal action.

As trusted family lawyers in Melbourne, we provide personalised service and expert advice on all aspects of family law, including de facto relationships and separation. We work with both same-sex and heterosexual couples to address all issues that arise from relationship breakdowns and separation.

After separating, child support can be organised through a Child Support Agency assessment or a binding or limited child support agreement. The Australian Child Support Scheme determines the amount payable based on each parent’s income and care percentages. A binding child support agreement offers some flexibility for both parents to agree on child support payments outside of the assessment.

At Forte Family Lawyers, we provide expert family law services to help you navigate the child support process and ensure fair arrangements for your children’s future. Let us support you with clear, compassionate guidance.

If you separate from your partner, it is advisable to update your Will to reflect this change. Separation does not automatically alter the terms of your Will under Victorian law, but any provisions made for your spouse may not align with your current intentions.

Your existing Will remains valid unless you formally revoke it or create a new one. If you do not have a Will in place, it is crucial to make one. Under the law of intestacy, if you die without a valid Will, your spouse may still be entitled to a share of your estate, even after separation.

In the event of a divorce, Victorian law provides that any provisions in your Will that benefit your former spouse will be treated as though they are revoked, unless the Will expressly states otherwise. Therefore, if you do not want this to happen, you should update your Will to reflect your wishes.

If you remarry, your existing Will is automatically revoked, unless it was made in contemplation of your marriage. This means that unless you create a new Will specifically addressing your new circumstances, your estate may be distributed according to the law of intestacy or any previous Wills.

In Australia, what you are entitled to during a separation depends on the specifics of your relationship and any agreements made before or during the relationship.

Generally, entitlements can include:

1. Parenting Time: If there are children involved, both parents are encouraged to participate in decisions regarding their care, welfare, and education, if it is in the best interests of the children. If parents cannot agree, the court will determine arrangements based on the best interests of the child, considering factors such as the child’s relationship with each parent, the parent’s ability to meet the child’s needs, and the child’s wishes (depending on their age and maturity).
2. Property Division: Both de facto couples and married couples have the right to a fair division of property accumulated during the relationship. This includes assets like the family home, vehicles, savings, and any other jointly owned property. The division takes into account contributions (monetary and non-monetary, homemaking and parenting), the future needs of both parties, and the best interests of any children involved.
3. Spousal Maintenance: If one partner is unable to support themselves financially after separation, they may be entitled to spousal maintenance from the other party, depending on the circumstances.
4. Superannuation: Superannuation is considered a form of property and may be divided between partners as part of a property settlement.

Entitlements vary depending on the length of the relationship, each party’s contributions, and specific circumstances. Seeking legal advice is crucial to understanding your rights.

During a separation in Melbourne (and Australia-wide), our lawyers recommend several things that you should avoid to protect your legal rights and minimise conflict:

1. Avoid making decisions in haste: Don’t rush into final decisions about property, finances, or parenting arrangements. Take the time to fully understand your rights and seek legal advice before making any major decisions.
2. Don’t hide assets: Both parties in a separation have an obligation to disclose all assets, liabilities, and income. Hiding assets or failing to be transparent can negatively impact your case and may lead to legal penalties.
3. Avoid aggressive or abusive behaviour: In cases of separation, particularly if family violence is involved, it’s essential to maintain respectful communication. Aggressive or abusive behaviour can harm your case, especially if it affects children or your ability to reach a fair resolution.
4. Don’t ignore legal advice: While it’s not mandatory to hire a lawyer immediately, ignoring legal advice can make matters worse, especially in complex issues such as property division or parenting arrangements. Consulting a lawyer early on can help ensure you understand your rights and avoid mistakes.
5. Don’t delay finalising important legal documents: While you don’t have to rush, delaying agreements or court orders regarding property or parenting arrangements can create complications, especially when it comes to time limits for property settlements and spousal maintenance claims.