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Free Guide to Hiring a Family Lawyer
This guide gives a clear, practical overview of divorce and separation law for people living in Box Hill South, Victoria. Family law in Australia is primarily governed by the federal Family Law Act. That law sets out how to obtain a divorce, sort out parenting arrangements for children, and deal with financial and property matters after a relationship ends. State laws, including Victoria's family-violence and intervention-order rules, also affect safety and interim protections. Family law matters are usually dealt with in the Federal Circuit and Family Court system, while state courts and Victoria Police manage intervention orders and urgent safety issues.
Many people benefit from legal help during separation and divorce. A lawyer can:
- Explain your rights and obligations for parenting, property and spousal maintenance.
- Help you prepare and file court documents, and meet strict time limits.
- Negotiate property settlements and parenting plans to avoid a contested hearing.
- Advise about spousal maintenance and child support options, including assessments through Services Australia.
- Represent you in court if agreements cannot be reached.
- Help you manage safety issues, such as applying for intervention orders or advising about family-violence disclosures.
Common situations where people need a lawyer include complex financial arrangements, business or trust assets, disputed parenting issues, family violence concerns, or when parties live overseas or separated under one roof.
Key legal points that apply to residents of Box Hill South are:
- Divorce: The ground for divorce under the Family Law Act is the irretrievable breakdown of the marriage, demonstrated by 12 months separation. Applicants must meet the court's residency requirements to file in Australia.
- Separation: Separation is the point when parties decide their relationship has ended. You can be separated while living apart or separated under the same roof if you can show you are living separate lives.
- Parenting matters: Decisions about children are made under the Family Law Act with the child's best interests being paramount. There is a presumption in favour of shared parental responsibility, but that does not automatically mean equal time. Family dispute resolution is usually required before applying to federal court about parenting, unless an exception applies for safety or urgency.
- Property and financial matters: The Family Law Act provides for a just and equitable division of property after considering contributions and future needs. Time limits apply - married couples generally have 12 months from the date of divorce to start court proceedings for property settlement, or two years from separation if no divorce has been finalised. De facto couples normally have two years from separation to apply.
- Child support: The child support scheme is administered by Services Australia and uses an administrative formula to calculate assessments. Parties can also make private agreements or binding child support agreements.
- Family violence and intervention orders: Victoria has state laws that address family violence, including intervention orders obtained in Magistrates Courts. These orders can provide immediate protection and affect family-law proceedings.
- Courts and local services: Family law matters are handled in the Federal Circuit and Family Court system. Local state courts and police handle family-violence matters and intervention orders. Legal aid and community legal centres in the eastern Melbourne region provide assistance and advice.
To apply for divorce you must establish the court has jurisdiction - generally by being an Australian citizen, domiciled in Australia, or resident for 12 months before filing. You must show the marriage has broken down irretrievably by being separated for at least 12 months. You apply to the Federal Circuit and Family Court, complete the required forms, pay the fee or apply for a fee reduction, and serve documents on the other party where required.
Separation under the same roof can be valid if you can demonstrate you and your partner are living separate lives. Useful evidence includes separate finances, different sleeping arrangements, separate social lives, and statements showing an intention to end the relationship. Because separation under one roof can be more complex to prove, legal advice and clear records help.
Not always. The Family Law Act encourages parents to resolve parenting disputes without litigation. Family dispute resolution - usually mediation - is generally required before applying to court for parenting orders, unless an exception applies, such as family violence or urgency. Many parents use agreements, parenting plans or consent orders to formalise arrangements without contested hearings.
Property division follows a four-step process: identifying and valuing assets and liabilities, assessing each party's financial and non-financial contributions, considering future needs (such as care of children, age, earnings capacity), and then deciding what is just and equitable. There is no automatic 50-50 split. If parties cannot agree, the court makes a decision based on these factors.
For married couples, you generally have 12 months from the date the divorce order becomes final to start court proceedings for property settlement. If you are separated but not divorced, you generally have two years from separation to commence proceedings. For de facto couples, the usual time limit is two years from separation, with some exceptions that may allow more time in special circumstances.
Child support is administered by Services Australia using a formula that considers parental income, care arrangements, and other factors. Parents can accept an administrative assessment, make a private agreement, or enter a limited or binding child support agreement. A lawyer or child-support adviser can help you understand which option suits your situation.
Yes. If you are at risk, contact Victoria Police immediately for urgent safety. You can apply for an intervention order at your local Magistrates Court to obtain protection. In family law matters, allegations of family violence are taken seriously and can affect parenting orders, property outcomes and whether family dispute resolution is required. Seek legal advice and support from domestic-violence services and community legal centres.
While you can prepare some agreements without a lawyer, legal advice is recommended. Consent orders and financial agreements are legally binding and affect your future rights. A lawyer will ensure the documents reflect your intentions, meet legal requirements, and advise you on whether the proposed division is fair and enforceable.
Matters involving international aspects or hidden assets can be complex. The Family Court has jurisdictional rules for international cases, and courts can order disclosure and forensic accounting in property disputes. A lawyer experienced in cross-border family law and asset tracing can advise on strategies and the best forum to resolve the dispute.
Costs vary depending on complexity, the lawyer's rates and whether the matter goes to court. Many matters settle through negotiation or mediation which reduces costs. If you cannot afford a lawyer, you may be eligible for Victoria Legal Aid, or assistance from a community legal centre. Some firms offer fixed-fee services or initial free consultations. Ask about likely costs and billing arrangements at the first meeting.
Useful organisations and services for people in Box Hill South include:
- Federal Circuit and Family Court of Australia - national family law court system with local registries.
- Services Australia - child support assessments and information.
- Victoria Legal Aid - legal help, means-tested assistance and family-violence support.
- Local community legal centres in eastern Melbourne - provide free or low-cost legal advice.
- Family Relationship Advice Line and Family Relationship Centres - information and family dispute resolution services.
- Victoria Police - emergency response and reporting family violence.
- Magistrates Courts in Victoria - applications for intervention orders and related state matters.
- Local family-violence support services and womens and mens support organisations in the Eastern Metropolitan region.
If you need legal assistance for divorce or separation, consider these practical next steps:
- Gather documents: marriage certificate, children’s birth certificates, financial records, property titles, bank statements, superannuation details and any evidence of family violence or separation under one roof.
- Seek initial legal advice: book an initial consultation with a family lawyer or attend a community legal centre for free advice. Ask about likely costs, timeframes and the options available.
- Prioritise safety: if you or your children are at risk, contact police and seek an intervention order immediately. Tell your lawyer about any safety concerns.
- Consider dispute resolution: mediation or family dispute resolution can be faster and less costly than court. Check whether you need a certificate before filing parenting proceedings.
- Decide on urgent needs: if you need interim court orders for parenting or property matters, a lawyer can advise on what emergency relief is possible and how to apply.
- Look for local support: connect with local family-violence services, counselling and support organisations in the Eastern Melbourne area to help with practical and emotional needs.
Getting clear legal advice early helps protect your rights and the wellbeing of your children. A local family lawyer with experience in Victorian and federal family law can guide you through the most suitable and practical path for your situation.
