Family Law

The impact of a family break-up is often felt deeply, not only by the separating partners but also by their children and other family members.

Family law matters can be complex and challenging, but the system is designed to be fair and equitable. Parenting laws prioritise the best interests of the children, while property law helps separating couples achieve a fair division of assets.

Our experienced family law team assists clients across the Mornington Peninsula, Mount Martha, Yarrawonga, and surrounding areas. We guide you through this difficult time, keeping your and your family’s best interests at the forefront to achieve a fair outcome, often without the need for court proceedings.

Tips for When You Separate

Separating from a spouse or partner can make it difficult to think clearly and make practical decisions. The following checklist provides guidance on important matters to consider:

• Safety first: If you are concerned about your safety or your family’s safety, contact your local police and, if necessary, apply for a restraining order.

• Children’s routines: Arrange minimal disruption to your children’s daily routine while fostering a meaningful relationship with both parents. In some cases, this may mean putting differences aside for the sake of the children.

• Document assets: Prepare an inventory of all assets and liabilities, whether held jointly or individually. Gather originals or copies of important documents such as passports, marriage and birth certificates, superannuation, and insurance policies.

• Insure major assets: Ensure your home, vehicles, boats, and other significant assets remain insured.

• Protect your privacy: Update passwords and login details for online accounts, banking, and social media.

• Banking matters: Notify your bank about your separation to discuss your ongoing banking needs and any concerns about credit cards or daily transactions.

• Government support: If applicable, contact Centrelink to see if you are eligible for financial assistance.

• Legal advice: Seek guidance to protect your interests. You may also need to review or update your will to reflect your new circumstances.

• Keep a record: Maintain a chronology of key dates, such as your date of separation.

Parenting Arrangements

As with property settlements, it is ideal for parents to reach an agreement about the ongoing care of their children. This can be done through an informal agreement, a parenting plan, or parenting orders.

• Informal Agreement: A simple, undocumented arrangement between the parties. The risk is that disputes may arise if the parties later disagree.

• Parenting Plan: A non-binding written document outlining the arrangements agreed between parents.

• Parenting Orders: Legally enforceable arrangements. They can be made by consent and filed with the court or determined by a judge if the parties cannot agree.

The family law system presumes that it is in the child’s best interests to maintain contact with both parents, even in difficult circumstances such as substance abuse. In these cases, contact may be supervised or arranged via telephone or mail.

Australian law is generally reluctant to sever all contact between a child and a parent. This approach is based on research showing that children benefit from knowing both parents, even if the parents face challenges, rather than a notion of “parental rights.”