Family Lawyers Brighton

The legal process for divorce involves filing an application with the Federal Circuit and Family Court of Australia. Parties must have been separated for at least 12 months for a divorce. De facto couples can file for property settlement or parenting orders under the Family Law Act without any formal legal process like divorce. Getting some early legal assistance ensures that you understand your rights and responsibilities and how to protect your rights.

While not essential in all cases, working with a family law specialist ensures you have essential guidance on property division, parenting plans and matters like spousal maintenance and child support. Getting specialist family law advice helps secure a fair settlement, protects your rights and reduces stress during difficult times.

Book an obligation-free chat with our compassionate and skilled Melbourne family lawyers to discuss potential legal solutions and available pathways to resolve your family law issues.

A property pool consists of all assets and liabilities accumulated during the relationship, such as the family home, superannuation, savings, investments, and debts. Both tangible and intangible assets are considered in property disputes. A family law firm can help assess and divide the pool equitably, ensuring correct valuations and a fair and just split.

Yes, property settlements must be finalised within 12 months of a divorce order and within two years for de facto couples. If these timeframes pass, you may need permission from the court. Specialist family law advice helps ensure these deadlines are met for a fair resolution.

There is no "standard" divorce split in Australia. The court assesses each case based on contributions to property and finances, future needs, and fairness. While 50/50 may occur, your legal rights, entitlements and responsibilities will depend on a number of factors. Working with a specialist family law firm will ensure your settlement reflects your specific situation and protects your financial security.

If parties can't agree, mediation or court intervention may be necessary. In property or parenting disputes, legal solutions like binding financial agreements or consent orders can help resolve matters if parties can reach a compromise. Our Brighton lawyers will guide you through the dispute resolution process to achieve the best outcome.

Complex parenting matters are resolved through mediation, court orders, or family dispute resolution services. Other options include parenting coordination, counselling (court-ordered or voluntary) and other legal services, such as supervised visitation, which can assist in addressing challenges in this area.

If there is a history of domestic violence or abuse, intervention orders may be necessary. Legal professionals ensure that decisions prioritise the child's wellbeing and ensure fair, lawful outcomes for both parties.

Child support is typically managed through Services Australia's Child Support Agency  or through private agreements. The amount is calculated based on both parents' incomes, care arrangements and financial needs. A family law specialist can provide advice on how to manage or modify child support payments effectively.

Consent orders are legally binding agreements that resolve issues such as property division or parenting arrangements. They are filed with the court to ensure that enforcement can occur if either party is in breach. Consent orders are a useful alternative to court hearings and allow parties to formalise agreements, ensuring both parties' rights are protected.

Spousal maintenance is financial support paid by one partner to the other after separation or divorce. The payment is based on the recipient’s financial need and the payer’s ability to provide support. It's important to get the right legal advice if you are considering making an application or are responding to one. Our Brighton family lawyers can guide you through the legal requirements for spousal maintenance and your rights and responsibilities.