Family Lawyers Melbourne

The cost of a family law case can vary significantly depending on its complexity and length. Legal costs are influenced by factors like the need for legal representation, specialist family law advice, or family dispute resolution.

On average, costs can range from a few thousand to tens of thousands of dollars. If your matter goes to trial in court and requires representation or you are working with specialists such as accredited family law specialists, your costs will likely be higher. High-conflict matters, complex financial structures, and international family law matters can also substantially impact costs.

To manage costs, seek legal advice early and ask about what needs to be prioritised with your matter. We offer JustFund to some clients to assist with managing costs.

Parenting arrangements can include shared parental responsibility, primary care arrangements or visitation schedules. Mediation and family dispute resolution are often used to reach an initial agreement or to resolve conflicts. In complex cases, the matter may need to go to court, and an independent children's lawyer may be appointed to represent a child's best interests.

Parenting matters can be formalised through consent orders, ensuring that all parties comply with agreements or can be held accountable for breaches. You will also need to consider whether child support will be government-managed through the Australian Child Support Scheme or if you'd prefer to manage it privately with a limited or binding child support agreement.

Before making any legally binding decisions, it is wise to seek advice from a family law team for legal solutions that work with your personal circumstances.

Property settlements are determined by identifying the assets, liabilities, financial and non-financial contributions of both parties and their current and future circumstances and agreeing on a fair split. Matters such as child support payable, spousal maintenance and family business interests may also require consideration.

In cases involving self-managed superannuation funds or complex financial matters, it's essential to seek specialist family law advice to ensure fair distribution. Property settlement can be finalised through private negotiations, mediation, or in court. Consent orders or binding financial agreements  formalise the division of property without lengthy proceedings.

Settling out of court is possible through family dispute resolution or mediation and is the preferred option for most Australian couples. These methods allow both parties to negotiate directly or with the help of a neutral third party. Amicable parties can even arrange matters by discussion and have a family lawyer draft and formalise agreements.

When an agreement is reached, it can be formalised through consent orders or binding financial agreements. This route is almost always quicker and less costly than litigation. If your matter does end up in court, it's a good idea to ensure you are working with family lawyers who can provide strong legal representation to ensure that your interests are protected during proceedings.

Mediation is suitable for resolving a wide range of family law disputes, including parenting arrangements, property settlements and spousal maintenance. It allows parties to reach agreements in a more informal, cost-effective manner, often without the need for court intervention. Family lawyers can also assist in mediation sessions, offering professional family law advice to ensure that the terms of negotiations are fair and in your best interests.

Consent orders are legally binding agreements made between parties covering parenting arrangements and/or property settlements. The court approves these orders if they adhere to the Family Law Act requirement. To avoid further legal consequences for breaches, consent orders require compliance with the agreed terms from both parties.

They are often used after mediation or family dispute resolution to formalise agreements after a divorce or de facto relationship ends. To avoid disputes, it's vital to seek legal advice from experienced family law professionals to ensure consent orders are drafted correctly.

If an agreement cannot be made, the issue may be taken to the Federal Circuit Court or the Family Court of Australia for a hearing. The court will make decisions based on the best interests of the child (in parenting matters) or fairness in property division.

Yes, time limits for property settlement are strictly defined under the Family Law Act. For divorce, applications must be made within 12 months of the divorce being finalised, and for de facto relationships, within two years of separation.

Failing to meet these deadlines may lead to losing your right to seek a financial settlement. It’s important to seek advice from a family law team as soon as possible to ensure timely and effective action.

To initiate a divorce, one party must file a divorce application with the Federal Circuit Court, either jointly or solely. The application must be served to the other party, and if there are children under 18, the court requires a notice addressing care arrangements.

The applicant/s must pay the filing fees. If all requirements are met, the divorce will be granted after 12 months of separation. Property and parenting matters will need to be addressed from here within the given time limits.There is no formal process to "end" a de facto relationship. Separation is recognised when one party indicates the relationship has ended.

However, any legal matters following separation—such as property division, spousal maintenance, and care arrangements for children - must be resolved within two years. Legal advice from a family law specialist is essential to ensure compliance with time limits and to address issues like child support or family violence, if applicable.