Melbourne Law Studio – Expert Family Lawyers in Melbourne
When you need a family law firm to make sure that your separation and divorce go as smoothly as possible, our Melbourne Family Lawyers can help you through the process, including obtaining enforceable consent orders. We are a top-tier firm that provides quality advice in family law, custody agreements and property division.
When you decide that you can no longer live together and start the separation and divorce process, it can seem overwhelming.
Navigating the breakdown of a relationship in itself is a challenge, notwithstanding the added stressors of property division and child custody matters.
You do not always have to go to court to get divorced. Agreeing to get divorced with the help of your family lawyer saves you money and is beneficial for all parties, especially if you have children.
You might believe that the process will never end or that your spouse or partner will never agree to a fair distribution of assets and liabilities or a fair parenting arrangement.
We will get you there. Whether you have agreed on nothing, some things, or everything, our family lawyers in Melbourne can help make sure the process goes as smoothly as possible.
Even if you are on the battlefield, there is still hope for a settlement. If you cannot come to a mutual decision, the court will decide what is in the best interest of both spouses and the children.
You do not have to be married to go through the separation process. Family Law applies to de-facto couples and blended family models alike. However, to make it easier, our financial divorce specialists will use marriage terms. These terms can apply to those who live together, whether male and female or same-sex couples.
Healthy co-parenting relationships are vital for the well-being and development of children, as they provide a stable and supportive environment essential for their growth. When parents communicate effectively, cooperate, and maintain mutual respect, they create a consistent and nurturing atmosphere that fosters emotional security and resilience in their children. A positive co-parenting dynamic helps reduce conflict and confusion, allowing children to feel more secure and supported. At Melbourne Law Studio we are committed to putting the interests of your children first as we understand that this is what parents are truly after.
Couples who decide that they can no longer live with each other need to be separated for 12 months before they can apply for a divorce, however, they do not need to wait 12 months to commence the separation process which actually deals with parenting and property. A divorce application will only result in the dissolution of your marriage, it does not deal with the division of your assets or the parenting of your children.
At the beginning of the separation process, one of our divorce specialists can help to start sorting out property matters and parenting arrangements. We can also put you in touch with similarly compassionate professionals such as Counsellors, Financial Planners, Mortgage Brokers and Real Estate Agents.
Before you schedule your initial consultation, you should have several documents ready. While it is not necessary to provide them when you first meet us, it can save some time during your conversation with our specialist lawyers.
Our divorce lawyers in Melbourne will need to look at all of these documents in order to work with you on your property settlement.
As soon as you decide to separate, you should start working on property matters. You will need to properly formalise your property matters for the decision to be binding, our top-rated divorce lawyers recommend getting a court order or, at the least, a Financial Agreement under the Family Law Act (Cth) 1975.
When you formalise a property settlement, your spouse cannot come back later and change his or her mind. Additionally, formalising a property settlement is one step closer to ending your marriage and is in the best interests of your health and wellbeing. Our family lawyers in Melbourne can help you with a settlement and will draft orders to formalise it.
It can take some time to make a property settlement, even if you and your spouse agree on everything. Missing the time frames dictated by the Family Law Act means more headaches and legal costs for both of you. Our divorce lawyers can ensure that you do not miss any pertinent deadlines when you retain a Melbourne family lawyer at the start of your separation.
You do not have to be in the divorce process to make a property settlement. You are able to agree on a property split before co-habitation, or even during your relationship. Have a look at our Binding Financial Agreements sections which will tell you a bit more about this way of protecting your assets proactively.
If you are a de facto couple – living together as a married couple, but not legally married – you have two years from the date of your separation to make and formalise a property settlement. If you are married, you have 12 months from the date of separation to make and formalise a property settlement. Melbourne Law Studio do not recommend waiting until the last minute to formalise a property settlement as you may be left with no choice but to commence court proceedings to protect your interests (which can be costly).
The time frames are just one of the reasons why documenting your separation is important. If the court does not agree with your separation date, it could affect the property settlement time frames. A financial divorce specialist can explain what you need for the court to consider you separated and help you divide your assets and liabilities.
Another reason to work on your property settlement right away is that both of you could forget what you talked about. Money gets spent as you need it for living expenses. And, everyone’s situation changes – sometimes those are planned changes, and other times, the changes are something unexpected. It is better to have your property divided sooner rather than later, as it will be easier to make property distribution fair for both parties. Our family lawyers based in Melbourne can help you create a fair division of property.
Additional reasons to formalise your agreement using the help of financial divorce specialists in Melbourne include:
Our divorce lawyers in Melbourne can help you to safeguard yourself, saving time, money and enabling you to split assets that require a formalised separation agreement.
If you’re separated but lived in the same home for all or part of your separation, you will need to file an affidavit with your divorce application. An affidavit is a written statement that contains the facts of the case. You must affirm the affidavit before a family lawyer or justice of the peace. Divorce lawyers Melbourne can help you draft an affidavit for the court.
If you apply for the divorce on your own, only you should file an affidavit. However, if you are filing a joint application for divorce, you and your spouse must each file your own affidavit.
You must swear to certain factors in the affidavit, including a change in sleeping arrangements, a decline in performing household duties for your spouse, that you have separated your finances, a reduction in time spent engaging in family activities and whether you have notified your family and friends of your separation.
You must also explain why you chose to live in the same house with your spouse and what you plan to do to change the situation, including living arrangements for children under 18 years of age. You must also let the court know of any government departments you notified of your separation, such as the Department of Human Services or Centrelink. If you received any correspondence about your separation from these government entities, attach a copy to your affidavit. Our family lawyers in Melbourne are financial divorce specialists who can help you write the affidavit so that the court cannot as easily question your separation.
At Melbourne Law Studio we understand that children's matters in family law require a sensitive and compassionate approach.
We are dedicated to helping families navigate this often challenging time by prioritising the best interests of the child. If both parents can keep the children’s best interests in mind, it often makes communication easier. The impact of separation and divorce is already high, so keeping arguments private and having civil conversations helps ease the separation for the children.
Our experienced team can help facilitate communication when it becomes difficult, working closely with our clients to develop tailored solutions that promote stability and well-being for the children.
Australia does not have concrete rules for parenting arrangements. What works for the parents and is in the best interest of the children, is the best option. Some parents can arrange for a 50/50 time split. Others, because of work schedules, can manage a schedule with less time for one parent.
In most cases, it is in the children’s best interests to have equal time with both parents. Of course, if one parent has a history of violence or substance abuse, unsupervised time with that parent is usually not in the children’s best interests. In cases where you believe that the other parent should have no visitation or supervised visitation, a family lawyer can help you create an agreement.
If you cannot come to an agreement regarding time-sharing, you can mediate your case or have your divorce lawyers Melbourne negotiate a custody agreement with each parent. Once both parents come to an agreement, you should formalise the agreement. Then, if one parent should decide to withhold visitation, the other has legal recourse with the formalised agreement.
You can formalise the agreement by having our family lawyers draft a parenting plan with the arrangement details; however, a parenting plan is not legally enforceable. Nevertheless, the court will sometimes rely on the parenting plan as evidence that you had an agreement.
If you want to have the ability to take legal action with top-rated child custody lawyers if the other parent backs out of his or her part of the parening plan, your lawyer can ask the court to turn your agreed parenting plan into consent orders. Our family lawyers recommend doing this, even if you and the other parent currently get along. Things change down the road, and that could cause a parent to become unreliable, a consent order allows you to take legal action.
Absolutely fantastic service. Highly recommend. The team at Melbourne Law Studio was very helpful and professional keeping me updated at all stages of the process providing the best of guidance and clarity in my personal matters. Demi was outstanding in the services provided from start to finish, very helpful and insightful with prompt responses to all my queries, making the whole process far less stressful. Thank you Ines, Demi and the team for helping me move on with my life. I would highly recommend Demi and the MLS team as a whole.
Melbourne Law Studio was a beacon of hope during a very challenging time in my life. The staff was empathetic, knowledgeable, and professional. They guided me through every step of my family law matter, providing clear explanations and support. I felt reassured knowing I had a strong team advocating for my rights. I am grateful for their hard work and commitment to achieving a fair outcome.
Going through a separation was one of the toughest experiences, but Melbourne Law Studio made it feel manageable. Even though it could get emotionally overwhelming, I could see a light at the end of the tunnel. Ines was patient, listened to all my concerns, and treated me with respect and kindness. She has a really easy demeanour about her and I felt like her and the team had my back every step of the way. I can’t thank MSL enough for their support.
After my separation, a friend suggested I reach out to Ines at MLS. From the start, she was not only professional but also genuinely supportive and open about the process, costs, and the likely outcomes. Her approach was in line with my goal of reaching a fair and amicable resolution. I’m really grateful for her kindness and attention to detail. Thank you
From the first call I felt like I was in the right hands with Melbourne Law Studio. They were friendly and made me feel heard. Ines and her team went above and beyond to make sure I understood all my options and helped develop a strategy to get the best result in what was a really messy parenting dispute. Their personal approach and genuine care made me feel like I was always welcome to call them and see what was happening or what was next, the waiting sometimes for the other side was hard so I’m truly grateful for that.
After 12 months of separation, you must apply to the court for a divorce. Only one party needs to sign the application, although this does complicate the process slightly, so if you agree, both should sign the application. You must be an Australian citizen, lawfully present in Australia, and intend to continue living in Australia. You must also have lived in Australia for at least 12 months prior to filing an application for divorce. If you have questions about showing the length of time you lived in this country, Melbourne Law Studio can help you.
The cost of engaging a family lawyer varies depending on your unique circumstances and the complexity of the work involved. When both parties are in agreement, the process is much smoother and more cost-effective. However, if disagreements arise, costs can increase. At Melbourne Law Studio, we are committed to providing clear and transparent pricing, and we always strive to keep your fees as reasonable as possible while delivering the best possible outcome for your family.
Once we have had a chance to review your case, we will be able to give you a better understanding of the costs involved. Your initial consultation is free, and there is no obligation to continue. We want to make sure that you are informed and prepared, every step of the way. Our firm also works with third party family law funders who may be able to provide access to finance.
Choosing the right firm for you is crucial to navigating the legal and emotional complexities of separation. A good lawyer should not only be knowledgeable in family law but also be someone you feel comfortable with, as they will guide you through one of the most challenging times in your life.
Look for a lawyer who listens to your concerns, communicates clearly, and prioritises your interests. At Melbourne Law Studio, minimising conflict and managing costs are always top priorities. However, our extensive experience in negotiating and litigating divorce matters remains a cornerstone of our practice.
We are skilled at achieving the best outcomes through available legal avenues while keeping the process as smooth as possible. We pride ourselves on delivering expert legal guidance with the personal care you need to reach a fair and just resolution.
Our Melbourne Family lawyers handle a wide range of legal issues involving relationships, from divorce and property settlements to parenting arrangements and spousal maintenance. Their role is to guide clients through the complexities of family law, offering support and representation in negotiations, mediation, or court proceedings. They provide clear advice on your rights and obligations, helping you make informed decision.
At Melbourne Law Studio, we take a down-to-earth approach and pride ourselves on being approachable, easy to talk to, and transparent about the process, potential outcomes, and emotions involved in these matters. We’re real people who understand the challenges you face, and we’re committed to helping you achieve the best possible outcome while reducing stress during what can be a difficult time.
Whilst there are some exceptions, like urgency and family violence, mediation is a usual and compulsory step if you intend to issue proceedings.
At Melbourne Law Studio, we encourage our clients to mediate if there is a chance that it will bring about a successful resolution. Mediation can be a cost-effective means to finalising matters early without involving the court.
The court is going to make its own decision about what is in the children’s best interest – and you might not get the time you wanted with your child, or you might not like the division of property the court decides on.
Applying for sole custody is not easy and it is not a decision the court will make lightly.
You must apply to the court to obtain full custody of your children, and understanding how custody works is key. You must also be able to show why the other parent should not have time-sharing or make decisions related to the children.
If you believe the other parent is violent or has a substance abuse problem, you should speak to us about what kind of evidence you would need to show the court. If the welfare of the children is in question, the court could order a family consultant to submit a report.
If you have a situation where you believe that it is in the best interests of the children to have full custody, Melbourne Law Studio can help you with your application.
The family court handles children and property matters, along with separation orders and divorce matters. Our child custody lawyers can help you formalise child matters so that you can take legal action later if needed.
Hiring a family lawyer is essential when dealing with the complexities of family law matters, such as divorce, property division, and parenting arrangements. A family lawyer brings legal expertise and experience to help you navigate these emotionally charged situations, ensuring your rights are protected and your interests are represented. They provide guidance on your legal options, work to resolve disputes efficiently, and handle all necessary paperwork and negotiations.
At Melbourne Law Studio, we are here to support you every step of the way, helping you make informed decisions and achieve the best possible outcome while reducing stress and uncertainty.
If you can reach an agreement with your ex-partner before contacting us, or during the process, we are happy to help you keep costs down by working collaboratively to formalise it. Our goal is to ensure your agreement is compliant, enforceable, and genuinely brings your matter to a close.
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