FAMILY LAWYERS MELBOURNE
Separation can feel uncertain & overwhelming.
We provide clear, strategic advice so you understand exactly where you stand, and what to do next.
Whether your matter is straightforward or complex, our focus is practical outcomes and efficient resolution.
Clear Advice for Separation, Parenting & Property Matters
Clear, practical advice
Fixed Fee Available
Fast Turnover
Our family law services are designed to give you clarity, direction and confidence at every stage
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Divorce is often the first step in finalising a separation.
We assist with preparing and filing your divorce application, ensuring your documents meet the Court’s requirements.
We also explain important considerations such as separation under one roof, time limits and parenting arrangements after divorce.
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Consent orders are a cost-effective way to formalise your agreement without going to court.
We prepare clear, legally sound orders and lodge them with the Court on your behalf—ensuring your arrangements are enforceable and protect your long-term interests.
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We prepare and advise on financial agreements made before, during or after a relationship.
These agreements can set out how assets will be divided, protect particular assets or prevent future disputes.
Our advice ensures your agreement is compliant, fair and reflects your wishes.
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Separating finances can be stressful and complex.
We assist with identifying, valuing, and dividing assets, such as homes, investments, businesses, superannuation and debts so you understand your entitlements.
We negotiate fair property settlements and prepare legally-binding consent orders to give you certainty and finality.
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We help parents reach practical and child-focused arrangements after separation.
This includes parenting plans, consent orders, change-of-school issues, holiday schedules, relocation matters and communication arrangements.
Our priority is guiding you toward outcomes that support your child’s well-being and provide stability.
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Mediation allows separated couples to resolve property and parenting matters without going to court.
We prepare you for mediation, guide you through the process and help you formalise agreements reached on the day.
This approach is often faster, more private and more cost-effective.
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When court action is necessary, we provide strong, strategic representation in the Federal Circuit and Family Court of Australia.
We manage all filings, negotiations, appearances and evidence preparation to support your case with clarity and confidence.
Our goal is always to resolve disputes efficiently while protecting your long-term interests.
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We help clients seeking protection through Family Violence Intervention Orders or Personal Safety Intervention Orders, as well as those responding to an application made against them.
Our approach is sensitive, practical and focused on your safety and legal rights.
Practical answers to common family law questions
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There is no one-size-fits-all answer. The cost of a family law matter can vary significantly depending on your situation, but it usually comes down to three key factors:
Complexity
For example, whether your matter involves companies, trusts, self-managed super funds, property valuations, or family violence issues.
Level of conflict
Costs tend to increase where there is poor communication, delays in providing disclosure, or ongoing disagreement.
Process
Matters resolved through negotiation are usually far more cost-effective than those that proceed through Court.
As a general guide:
Early negotiated outcomes are usually the most cost-effective
Matters involving ongoing negotiations, disclosure, valuations and mediation will cost more
Court proceedings, especially those involving interim hearings, expert evidence and a final hearing, can become quite expensive
There are also practical steps you can take to keep costs under control:
Provide your documents promptly and in an organised way
Focus on the key issues rather than every grievance
Remain open to sensible settlement options
Avoid unnecessary back-and-forth communication
The most accurate estimate can usually only be provided after we understand your specific circumstances, including your assets, any parenting issues, and the likely path to resolution.
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The first few weeks after separation often set the tone for everything that follows. The focus should be on creating stability, protecting your position, and avoiding decisions that make things harder later.
What to do:
Get clear on key dates and arrangements
Record the date of separation and any agreements or discussions around parenting or finances.
Gather and preserve financial information
Secure copies of bank statements, tax returns, superannuation, loan documents, trust and company records, and property documents.
Understand your financial position early
Prepare a list of your assets, liabilities, income and expenses as soon as possible.
Ensure access to funds
Take reasonable and lawful steps to ensure you have access to money for day-to-day living.
Keep things stable for the children
Maintain routines around school, health and time with each parent wherever possible.
Communicate carefully and in writing where needed
Clear, written communication (especially about parenting and finances) can help avoid disputes later.
Keep an eye on joint assets
Monitor joint accounts and obtain copies of important documents so nothing is missed.
What to avoid:
Do not deal with assets improperly
Avoid hiding, transferring or disposing of assets without transparency and proper justification.
Do not act out of emotion financially
Emptying accounts or taking on debt in frustration or fear can seriously impact your matter.
Avoid hostile communication
Aggressive texts, emails or social media posts often become evidence and can be used against you.
Keep children out of the conflict
Do not ask them to pass messages or involve them in adult issues.
Do not speak negatively about the other parent
This can affect both parenting outcomes and your credibility.
Avoid making major unilateral decisions about the children
Unless there is urgency or a safety concern, important decisions should be discussed.
Do not rely on informal arrangements alone
If nothing is documented, your legal position may not be protected.
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In many cases, you may not need to go to Court at all. A large number of family law matters are resolved through negotiation or mediation, and even where Court proceedings are started, most matters settle before a final hearing.
There are several ways your matter can be resolved without litigation:
Solicitor-assisted negotiation
Roundtable conferences
Mediation
Family dispute resolution (especially for parenting matters)
Formalising agreements through Consent Orders or a Binding Financial Agreement, where appropriate
Whether Court becomes necessary usually depends on a few key factors:
Disclosure and cooperation
If both parties are open and provide proper financial information, resolution is much more likely.
The nature of the dispute
Disagreements about property values, financial contributions, parenting arrangements or risk issues can make resolution more complex.
Urgency
Situations involving time-sensitive issues may require Court intervention.
Conduct of the parties
If one party is being difficult, uncooperative or refusing to engage, Court may become necessary.
Safety concerns
Family violence or coercive behaviour can affect whether negotiation is appropriate.
As a general guide:
Court is more likely where there is non-disclosure, serious parenting concerns, asset issues or a complete breakdown in communication
Court is less likely where both parties are willing to exchange information, obtain valuations and engage in genuine settlement discussions
Even if Court proceedings are filed, this does not mean your matter will go all the way to a final hearing. Many matters still resolve along the way through negotiation or mediation.
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Property settlements are not based on a simple “50/50” split. Instead, the Court follows a structured approach to work out what is fair in your specific situation.
In broad terms, there are four main steps:
Identify and value the property pool
This includes everything owned by either party, such as:
Real estate
Savings and investments
Businesses, trusts and companies
Motor vehicles and personal items
Superannuation
Liabilities and debts
The asset pool is usually assessed at the time of settlement or hearing, not just at the date of separation.
Assess contributions
The Court looks at what each party contributed throughout the relationship, including:
Financial contributions — income, savings, inheritances or property brought into the relationship
Non-financial contributions — such as renovations, working in a business or unpaid labour
Homemaker and parenting contributions — caring for children and running the household
All contributions are considered over the entire relationship.
Consider future needs
The Court may then adjust the outcome based on each party’s future circumstances, including:
Differences in income or earning capacity
Who has the care of the children
Age and health
Ability to work
Financial resources available to one party but not the other
Ensure the outcome is fair
Finally, the Court considers whether the overall division is just and equitable in all the circumstances.
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The short answer is this: it is less about what a parent wants, and more about what is best for the child.
In parenting matters, the Court does not focus on parental entitlement. Instead, it looks at what arrangement will best support the child’s welfare and overall wellbeing.
Key factors the Court considers include:
The child’s relationship with each parent and other important people
Each parent’s ability to meet the child’s emotional and practical needs
Any safety concerns, including family violence, abuse or instability
The child’s age, maturity and views (where appropriate)
How practical the proposed arrangements are
Each parent’s willingness to support the child’s relationship with the other parent
Your prospects are generally stronger if you can show that you:
Prioritise your child’s routine, education and wellbeing
Communicate in a calm and child-focused way
Support safe involvement from the other parent
Follow existing arrangements and Court orders
Keep your child out of adult conflict
Your position may be affected if there is evidence that you:
Expose your child to ongoing conflict
Undermine the other parent without proper reason
Do not meet your child’s day-to-day needs
Refuse reasonable time or communication
Have issues with substance use, violence or unmanaged mental health
Involve the child in the dispute or use them as leverage
In practice, the strongest parenting cases are those that are realistic, evidence-based, and focused on the child, not the conflict between the parents
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The timeframe can vary quite a bit. Some matters resolve quickly, while others take longer depending on the issues involved and how both parties approach the process.
Matters tend to resolve more quickly where:
Both parties provide disclosure early and in full
The issues are relatively straightforward
Valuations can be agreed or obtained without dispute
Both parties engage constructively in negotiation or mediation
Matters usually take longer where there are:
Parenting risk concerns or serious disputes
Disagreements about property values
Delays or refusal to provide disclosure
Companies, trusts or complex financial structures
Urgent issues requiring Court involvement
Ongoing Court proceedings, including interim hearings and a final hearing
As a general guide:
Simple negotiated matters may resolve within weeks or a few months
Moderately contested matters often take several months
Litigated matters can take significantly longer, especially where multiple Court events are required
Common causes of delay include:
Incomplete or late disclosure
Emotional or reactive decision-making
Unrealistic expectations about outcomes
The need for expert evidence (such as valuations)
Waiting times within the Court system
In most cases, the quickest and most cost-effective path is one where there is early disclosure, clear and focused advice, and a genuine willingness to work towards a sensible outcome.
Why Clients Choose SSB Legal
We understand that family law matters are personal and often stressful. Our role is to provide clear advice, strong representation, and practical solutions so you can move forward with confidence.
Clear practical advice, no unnecessary legal jargon
Fixed fee options available for many family law matters
Strategic approach focused to outcomes
Strong negotiation and Court representation
Responsive communication and direct access to your lawyer
Proudly Serving Melbourne
Proudly servicing clients across Melbourne, including North Melbourne, Kensington, Footscray, Carlton, Parkville, Maribyrnong, Ascot Vale, Moonee Ponds, Seddon and surrounding suburbs.
Speak to a Family Lawyer
We offer a complimentary 30-minute consultation for new clients.
Speak directly with a lawyer about your situation and receive clear, practical guidance on your next steps.
Meet with us in person at our North Melbourne office or via phone or video — whichever suits you best.
