Family Law (Post-Separation)
Family Law (Post-Separation)
Family Law
Separation can bring difficult decisions about children, property, finances and your future. We provide calm, practical legal guidance to help you understand your options, resolve what can be resolved and document your agreement properly.
The legal part of separation usually involves several connected decisions. You may need to work out how property and debts will be divided, what arrangements are best for your children, whether financial support is required and how any agreement should be formalised.
There is no single approach that suits every family. We help you identify what needs attention now, what can wait and the most proportionate way to reach a workable outcome. That may mean advice in the background, supported negotiation, mediation, collaborative practice, arbitration or court representation in select matters.
On this page
What family law after separation can involve
Property settlement
A property settlement can involve real estate, savings, investments, businesses, trusts, companies, debts and superannuation, including SMSFs.
There is no automatic formula for dividing property. The appropriate outcome depends on the circumstances, including the assets and liabilities of each party, their contributions and their current and future circumstances.
We can assist with disclosure, valuations, negotiations, superannuation splitting, documenting an agreement and court proceedings where necessary.
Spousal maintenance
Spousal or de facto partner maintenance is separate from property settlement and is not automatic. It may arise where one person cannot adequately meet their reasonable needs and the other has the capacity to provide financial assistance.
We can advise on whether maintenance may be relevant, the information required, interim arrangements and applicable time limits.
Parenting matters
Parenting arrangements can cover where children live, the time they spend with each parent and other important people, communication, education, medical decisions, travel, changeovers and safety.
Our focus is on practical arrangements that support the best interests of the children and can adapt as family circumstances change. Depending on what is appropriate, an agreement may be recorded in a parenting plan or formalised through consent orders.
Child support
Child support is often managed through an administrative assessment, but some families require advice about private arrangements, school or medical expenses, changes in circumstances or a dispute about an assessment.
We can explain the available options and assist with limited or binding child support agreements where appropriate.
Divorce
Divorce is the legal process that formally ends a marriage. It is separate from parenting arrangements and financial settlement.
In most cases, an application can be made after the parties have been separated for at least 12 months and one day, although additional requirements may apply. We can advise on eligibility and prepare a sole or joint application.
Family violence and safety
Family violence can take many forms, including physical or sexual violence, threats, coercive or controlling behaviour and economic or financial abuse. It can continue or escalate after separation and may affect which legal or dispute resolution process is safe and appropriate.
If family violence is part of your circumstances, you can tell us confidentially. We will consider safety from the outset and help identify an appropriate legal process and support network.
If anyone is in immediate danger, call 000.
Timing can matter
Financial and maintenance applications are subject to time limits. As a general rule, an application relating to a marriage should be made within 12 months after a divorce becomes final, while an application relating to an eligible de facto relationship should generally be made within two years of separation.
Exceptions may be available, but permission to apply outside a time limit is not automatic. Early advice can help preserve your options.
Choose the right way to resolve your matter
We help you choose a process based on the issues, the level of conflict, the information available and each person’s ability to negotiate safely and effectively.
Assisted negotiation
We can negotiate on your behalf through correspondence, telephone discussions, conferences or structured round-table meetings.
This can be useful where you need legal advice and support but remain capable of reaching an agreement without a formal mediation or court process.
Mediation
Mediation brings both parties together with an independent mediator who helps identify the issues, explore options and work towards agreement.
Depending on the engagement, we can support and represent you at mediation or provide a separate independent mediation service. We can also help you prepare beforehand so you understand the information, decisions and possible outcomes involved.
Collaborative practice
Collaborative practice is a structured, team-based process in which both parties and their lawyers commit to resolving the matter without litigation.
Other professionals, such as financial advisers, accountants, psychologists or child specialists, may be involved where their expertise will help the family reach a more informed and workable agreement.
Arbitration
For some property and financial disputes, arbitration offers a private process in which an appropriately qualified arbitrator considers the evidence and makes a determination.
We can advise whether arbitration is available and suitable for your matter, prepare your case and explain how the outcome is formalised.
Litigation
Court proceedings may be necessary where a matter is urgent, safety is at risk, disclosure is not forthcoming, one party will not participate reasonably or genuine attempts to resolve the dispute have not succeeded.
We provide strategic advice and court representation in select matters. If your case requires services outside our scope, we will explain that early and help you consider an appropriate referral.
The safest process is the right process
Negotiation or mediation is not suitable in every matter. We consider family violence, coercive control, power imbalances, urgency and each person’s ability to participate meaningfully before recommending a dispute resolution process.
Reaching agreement is important. Documenting it properly provides certainty.
Confirm what has been agreed
Choose the appropriate document
Draft and review
Sign, lodge and implement
Choosing the right document
Financial consent orders
Where parties agree on property or maintenance arrangements, they can ask the Court to make consent orders. The Court must be satisfied that proposed financial orders are just and equitable before making them.
Consent orders can generally be considered without either party attending court.
Binding Financial Agreements
A Binding Financial Agreement can formalise financial arrangements outside the consent-order process. Strict legal requirements apply, and each party must receive independent legal advice.
Parenting plans and consent orders
A parenting plan is a written record of agreed parenting arrangements but is not itself legally enforceable.
Consent orders are court orders made by agreement and can provide greater certainty and enforceability. We can help you decide which approach is appropriate for your family.
Child support agreements
Limited and binding child support agreements have different requirements and consequences. Independent legal advice is mandatory before entering a binding child support agreement.
Divorce applications
Divorce formally ends a marriage but does not itself resolve property, maintenance, parenting or child support matters. Those issues may need to be addressed separately.
Get help with the parts you need
Not every client needs a lawyer to manage the entire matter. Our unbundled, or limited-scope, services allow you to retain responsibility for some tasks while engaging us for specific advice or documents.
This can give you greater control over the process and legal costs while still providing professional support at important decision points.
Services may include:
- A one-off advice or strategy session.
- Advice before or during negotiations.
- Preparation for mediation.
- Reviewing a proposed property or parenting agreement.
- Drafting consent orders, parenting plans or correspondence.
- Reviewing financial disclosure.
- Advice about proposed superannuation splitting orders.
- Preparing or reviewing a divorce application.
- Advice about court forms, evidence and procedural steps.
- A final legal review before you sign or file documents.
Before work begins, we will confirm what we are responsible for, what you will manage and the fees or estimate for the agreed scope.
Limited-scope assistance is not suitable for every situation. Matters involving immediate risk, urgent deadlines, significant complexity or an inability to participate safely may require broader representation.
Frequently Asked Questions
Do we have to go to court?
A lawyer cannot provide independent legal advice to both parties. If we are engaged for limited document preparation, our role and its limitations will be explained clearly. If either person requires advice about fairness, legal rights or consequences, each party will need separate legal representation.
Can one lawyer act for both of us?
Yes. Divorce and property settlement are separate processes, and financial matters can be resolved before a divorce is finalised. A divorce can, however, start an important time limit for bringing property and maintenance proceedings.
Can we settle our property before getting divorced?
As a general rule, married parties should apply within 12 months after their divorce becomes final. Eligible de facto parties generally have two years from separation. Different rules and possible exceptions apply, so obtain advice promptly if a deadline may be approaching.
How long do I have to deal with property matters?
As a general rule, married parties should apply within 12 months after their divorce becomes final. Eligible de facto parties generally have two years from separation. Different rules and possible exceptions apply, so obtain advice promptly if a deadline may be approaching.
What if it is not safe to communicate directly with my former partner?
You will not be expected to negotiate directly where that is unsafe or inappropriate. Tell us about any safety concerns, family violence or coercive control so we can consider protected communication, lawyer-led negotiation, court options or other support.
What should I bring to my first advice appointment?
Bring any existing court orders or agreements and, where relevant, a summary of assets, debts, superannuation, income and current parenting arrangements. If you do not have everything yet, that is fine. We can help identify what information is needed next.
You do not need to work everything out before speaking with us
Practical family law guidance, delivered with care and without unnecessary conflict.