Divorce and separation can be complex, especially with property and parenting involved. Our dedicated team provides compassionate guidance, aiming for fair outcomes that support your financial security and foster positive parenting arrangements.
Count on us to provide the insights you need to make confident choices about your future, helping you pursue the most favourable path for your divorce or separation.
With deep expertise, our team will walk you through your options and offer guidance on parenting matters and property division following a relationship breakdown.
We strive for fair resolutions by using collaborative law and mediation, aiming to reach amicable agreements whenever possible, reducing the need for court involvement.
We’re here to simplify the legal process, guiding you through the legal aspects of divorce and separation. Whether you need assistance with asset division, parenting plans, consent orders or superannuation splits, our team will ensure you have the best advice and support throughout your time working with us.
While we’re prepared to represent you in court if needed, we focus on efficient, amicable solutions through collaborative law, mediation and negotiation, helping you move forward with clarity and confidence.
When a marriage or de facto relationship breaks down, there is so much to consider beyond the emotional impacts. If you and your ex-partner have established a life together, you’ll need to think about practical considerations, like how to divide shared assets. If you have children still living at home, you’ll need to decide on parenting arrangements that best suit your family’s needs.
Separating or filing a divorce application is generally only a small part of the process. Many of the decisions made at this time will significantly impact your life. Getting the right legal advice and support is imperative to ensure your financial future is secure and that the best interests of any children involved are maintained.
Before taking any action on your behalf, we’ll take the time to get an overview of your situation. From there, we’ll organise any required applications, negotiate on your behalf and finalise matters with legally binding agreements as required.
Meeting
We begin with a consultation to understand your situation, including separation details, arrangements for children, and property or spousal maintenance concerns.
Information gathering
We collect the necessary evidence and documents to support your case, ensuring all legal requirements are met efficiently.
Cost estimate
We provide a clear estimate for the process, including court filing fees, with options for fixed fees to maintain transparency.
Negotiations and applications
We assist with drafting, negotiations, and court applications to progress your matter smoothly.
Finalisation
We carefully finalise your divorce or separation, aiming for the best outcome.
Financial settlements in divorce or separation involve addressing key issues such as businesses, mortgages, debts, the family home, and parenting arrangements for children. Ensuring suitable care and living arrangements for your children is a critical part of the process, requiring careful negotiation and planning.
The first step is understanding the legal processes relevant to your situation and determining how to proceed. If your relationship with your ex-partner is amicable, the process is typically smoother, and court proceedings may be avoided. However, some matters still require filing with the Federal Circuit and Family Court of Australia.
Engaging a Family Lawyer helps protect your rights and ensures you make informed decisions. Our Accredited Family Law Specialists, Richard Tonkin and St John Heath have created two free guides to help you understand the divorce and separation process. Download them today to start your journey with confidence.
Separation Checklist (Accredited Family Law Specialist St John Heath)
Guide To Separation & Divorce (Accredited Family Law Specialists Richard Tonkin & St John Heath)
Divorce applications in Australia are generally pretty straightforward. To get a divorce, you must meet specific requirements, including:
Be separated for at least 12 months.
Prove the marriage has irretrievably broken down.
Have proper arrangements for any children under 18.
Other requirements can be found here.
You’ll need to file a divorce application with the Federal Circuit and Family Court of Australia, individually or jointly with your ex-partner. Evidence of your separation may be required, especially if you’ve lived under the same roof. One of our Family Lawyers can guide you through the process to ensure all requirements are met and assist you with your application.
In Australia, many people reach property settlement agreements through discussions and negotiations, often with the help of legal experts. Most prefer to avoid court, which can increase costs and cause added stress. Solutions can be found through mediation or by having your lawyer negotiate on your behalf to ensure a fair and efficient outcome.
Out-of-court settlements are the preferred manner to resolve parenting and property matters in Australia, unless matters are highly complex or there is ongoing conflict between both parties. Legal proceedings related to relationship breakdown and family matters can take a significant amount of time and energy to resolve, and the court process itself can be very emotionally taxing.
If you and your ex-partner can decide on property division through negotiation or mediation, it can be finalised by Consent Orders or a Binding Financial Agreement (Family Law Financial Agreement). If an agreement is not reached, a court hearing may be required before a financial settlement occurs.
Financial Consent Orders are legally binding agreements approved by the court that formalise the division of property and financial matters after separation. They provide clarity and enforceability, ensuring that both parties adhere to the agreed terms. If an agreement cannot be reached, a hearing in the Federal Circuit and Family Court may be required, where the court will determine what is fair.
A Binding Financial Agreement (BFA) is a legally recognised document that outlines the financial arrangements between parties, providing certainty and clarity. It can be made before, during, or after a relationship and does not require court approval for validity. While offering privacy, a BFA may carry less weight if contested in court.
A property settlement pool includes:
These assets and liabilities are divided fairly, considering each person’s contributions to the relationship and their future needs.
Yes, there are time limits for initiating property settlement.
Married couples have 12 months from the date of their divorce being finalised to initiate property settlement matters.
For de facto couples, it’s generally 24 months after the date of separation.
It’s best to seek legal advice if this deadline is approaching or has already passed.
If you have children, a vital part of your separation and divorce process will be making arrangements with your ex-partner about matters relating to your children. You may decide to make an informal arrangement or a parenting plan or have legal orders made regarding where your child will live and other important things like education, health, and financial support.
Working with a Family Lawyer with legal expertise in parenting matters will ensure that agreements made regarding your children are practical and fair and uphold the best interests of your children. It’s also important to realise that children’s needs and requirements will change over time and consider this when planning. Child support matters should also be addressed at this time through private financial agreements or the Child Support Agency.
We offer expert support in navigating the complexities of divorce and separation, including understanding your rights, responsibilities, and options for property division and parenting arrangements.
Our services include tailored support for those in de facto relationships experiencing separation, helping them understand legal obligations and entitlements related to property division, maintenance, and parenting matters.
We provide specialised legal advice and assistance to individuals and couples in same-sex relationships facing separation, including equitable property settlement and parenting arrangements post-breakup.
Before making any decisions about separation, we offer practical advice on legal processes, financial planning, and property arrangements to help you prepare for the next steps.
We assist with the fair division of assets and liabilities, ensuring equitable financial outcomes post-separation, including superannuation, debts, investments, and personal property.
Our team facilitates effective mediation and negotiations between parties to reach mutually agreeable property settlements and parenting arrangements, minimising the need for court intervention.
Book an appointment with one of our highly experienced Divorce & Family Lawyers today or call us at (03) 9435 9044. We’ll provide expert advice on the best path forward for your property settlement, whether during or after your relationship breakdown.
PARTNER – Accredited Specialist in Family Law
St John Heath is a Partner at Tonkin Legal Group and a leading Family Lawyer in Victoria.
Accredited Specialist in Family Law
Richard Tonkin is a Consultant Lawyer and one of Victoria’s most experienced and respected Family Lawyers.
You can resolve family law disputes through negotiation, mediation, or by seeking legal advice from an experienced family law firm. If these methods fail, you may need to proceed to family law courts or the Federal Circuit Court.
The divorce process can take several months. After applying to the family law court, a hearing will be scheduled, and a divorce order can be granted one month after approval, subject to specific requirements under the Family Law Act.
If you are facing family violence, seek legal support immediately. If you are in immediate danger, please call 000. As part of our family law services, we can assist with protection orders, and an independent children’s lawyer may be appointed to represent your child during divorce proceedings or parenting disputes.
Out-of-court settlements can be reached through mediation or negotiation or by engaging your family law team. Binding financial agreements may also be used to formalise arrangements and avoid court hearings or consent orders can be sought without the need to go to court.
If a resolution cannot be reached, family law disputes may proceed to the family law courts (Federal Circuit and Family Court Of Australia). A Family Lawyer can provide crucial support in understanding the complexities of family law issues.
They offer expert advice and representation in divorce proceedings, property settlements, and parenting disputes. A family lawyer helps you understand your rights, assists with mediation or negotiation to reach an out-of-court settlement, and can represent you in family law courts if necessary.
In family law disputes, your child’s welfare is paramount. While children’s preferences may be considered, the Family Law Act prioritises their best interests. An independent children’s lawyer may be appointed to advocate for the child’s views in court.
Prepare by gathering documentation of your assets, liabilities, and financial situation. Seek legal advice, understand your future needs, and clearly define your goals to ensure a comprehensive strategy for a fair and informed property settlement.
The duty of disclosure requires both parties in a family law matter to provide full, accurate information about their finances, including assets, liabilities, income, and financial resources. This ensures fairness and transparency in the settlement process.
Property settlement calculations involve assessing contributions made by both parties, including financial and non-financial contributions, as well as future needs and circumstances. A thorough analysis helps ensure an equitable division of assets.
Financial resources refer to assets and financial interests that contribute to a person’s economic standing, such as income, savings, investments, business interests, and superannuation, influencing their financial needs during a property settlement.
Parenting and homemaker contributions include unpaid work, such as caring for children, managing the home, and providing emotional support. These contributions are factored into property settlement decisions, recognising their role in the relationship.
Indirect contributions support financial growth without directly providing money. Examples include enhancing a partner’s career, assisting with a business, or managing household finances that contribute to wealth accumulation.
Tonkin Law is committed to protecting the privacy of our clients. Our team uphold the highest protection policies to minimise risk. Read more about our policy here.
Contact us today on (03) 9435 9044
8-10 Flintoff Street
Greensborough
VIC 3088
Email: mail@tonkinlaw.com
Fax (03) 9435 2452
PO Box 241, Greensborough VIC 3088DX98803 Greensborough