Family law in Melbourne's east — what to expect
Family law in Australia is governed by the Family Law Act 1975 (Cth) and administered by the Federal Circuit and Family Court of Australia. The same Act covers married couples and eligible de facto partners (including same-sex partners) and deals with divorce, property settlement, spousal maintenance and parenting arrangements. Family violence is dealt with principally under Victorian state law in the Magistrates' Court of Victoria, with Ringwood Magistrates' Court the local venue for many eastern-suburbs intervention order matters.
The process is structured to encourage early resolution. Parenting disputes generally must go through family dispute resolution (FDR) before court, except in cases involving family violence, urgency or other exceptions. Property matters are routinely mediated. When agreement is possible, settlement is recorded as consent orders or a binding financial agreement and becomes enforceable. Court is the last resort, not the first step.
Our Ringwood family lawyers act for clients on both sides of separation — applicants and respondents, payers and payees, parents seeking primary care and parents seeking shared time. We do not promise a particular outcome; we explain realistic outcomes, what they will cost in time and money to achieve, and how to position the matter for the best result.
Property settlements for separating couples
A property settlement is the legal division of assets, liabilities and superannuation following separation. The court applies a four-step process: identify and value the property pool; assess each party's financial and non-financial contributions; consider future needs (including age, health, earning capacity and care of children); and stand back to check the proposed division is just and equitable. There is no presumption of 50/50.
For most eastern-suburbs couples the major assets are the family home, superannuation, vehicles, savings and small business or trust interests. We co-ordinate valuations, full and frank disclosure, tax advice and settlement structuring. Most matters settle at mediation; we prepare consent orders or a binding financial agreement to formalise the outcome and protect the parties against future claims.
Parenting arrangements, consent orders and parenting plans
Decisions about children are made by reference to the best interests of the child. The Family Law Act identifies the factors the court must consider, including the benefit of meaningful relationships with both parents and the need to protect the child from harm. Most parenting arrangements are agreed between the parties — recorded in a parenting plan, or formalised as consent orders — without contested litigation.
We help Ringwood parents work out practical schedules around school, activities, work patterns and extended family. Where there are concerns about violence, substance abuse or relocation, we move quickly. Where there are none, we focus on a child-centred, low-conflict outcome the parents can sustain over time.
Family violence intervention orders in the eastern suburbs
A family violence intervention order (FVIO) is made by the Magistrates' Court of Victoria under the Family Violence Protection Act 2008 (Vic). It can prohibit a person from committing further family violence, contacting an affected family member, attending a residence, workplace or school, and a range of other protective conditions. Urgent interim orders can be made the same day. The order is enforceable by the police.
We act for both applicants and respondents and frequently appear at Ringwood Magistrates' Court. Many FVIO matters are heard alongside parenting disputes, and the interaction between the two jurisdictions matters: a final FVIO with broad conditions can substantially affect a parenting case, and vice versa. We co-ordinate strategy across both proceedings.
Binding financial agreements, divorce and de facto matters
A binding financial agreement (BFA) is a contract that sets out how property, financial resources and maintenance will be dealt with before, during or after a relationship. BFAs are strictly regulated. Both parties must obtain independent legal advice and the formal requirements must be followed exactly. When drafted properly a BFA ousts the court's usual property jurisdiction; when not, BFAs are routinely set aside.
Divorce in Australia requires twelve months of separation (which can include separation under one roof, with evidence). Once filed, a divorce order is usually made within three to four months. De facto partners — including same-sex partners — have property settlement and maintenance rights broadly equivalent to married couples, subject to a two-year time limit from separation and a threshold relationship test.
Common situations Ringwood clients bring to us
Recently separated and unsure what to do next
We provide a clear roadmap covering the urgent first steps — bank accounts, the family home, the children's routine — and the longer-term legal process for property and parenting.
One party has moved out of the Ringwood family home
We advise on temporary occupation, mortgage payments, contributions to outgoings and the practical consequences for a future settlement.
A parent wants to relocate with the children
Relocation cases are difficult and turn on detailed evidence. We advise both proposed-relocating and non-relocating parents on the legal test and the practical realities.
Family violence has occurred or been alleged
We act for both applicants and respondents at Ringwood Magistrates' Court and co-ordinate FVIO strategy with any related parenting matter.
A business or SMSF is part of the asset pool
We co-ordinate valuations and structure settlement so the business is preserved where possible and tax consequences are managed.
A binding financial agreement is being proposed before marriage or cohabitation
We provide the required independent legal advice and explain practical risks and benefits before signing.
Why Ringwood and eastern-suburbs clients choose Parke Lawyers
- Local representation at Ringwood Magistrates' Court for intervention order matters and family-law list days.
- Practical, child-focused advice that takes school zones, extra-curricular logistics and eastern-suburbs travel times into account when settling parenting schedules.
- Co-ordinated advice from the firm's family-law, conveyancing and commercial teams where a property settlement involves the family home and a small business.
- Fixed-fee initial advice meeting at our Ringwood office on Maroondah Highway so you can budget for early-stage advice without an open-ended retainer.
How the legal process works
- 01
Confidential initial meeting
We meet at Ringwood, online or by phone to understand the relationship, identify urgent issues (children, safety, finances) and explain the likely process.
- 02
Disclosure and information gathering
Both parties must give full and frank disclosure of financial position. We assist with collation, valuations and any specialist input required (accountants, family report writers).
- 03
Negotiation and family dispute resolution
Most matters resolve through correspondence, round-table negotiation or formal mediation. We prepare and present your position thoroughly so you negotiate from strength.
- 04
Formalise the outcome
Agreement is recorded as consent orders or a binding financial agreement. We draft, lodge and obtain the orders, then assist with transfer of property and superannuation splits.
- 05
Court where necessary
Where settlement is not possible we file in the Federal Circuit and Family Court of Australia and represent you through directions, interim hearings, conciliation and trial.
When to obtain legal advice
Early advice usually shortens the matter, reduces cost and widens the options available to you. Speak with one of our Ringwood lawyers if any of the following apply:
- You have just separated, or separation is imminent
- Your former partner has filed a court application against you
- You are concerned about family violence, threats or controlling behaviour
- There is a dispute over where the children live or how much time they spend with each parent
- You are considering a binding financial agreement before marriage or cohabitation
- You have been served with an intervention order application
- You are within twelve months of finalising your divorce (a strict property-settlement time limit applies)
- Your former partner is dissipating assets or refusing disclosure
Related Parke Lawyers resources
Service
Family Law
Full overview of our family-law services including divorce, property, parenting, child support, intervention orders and binding financial agreements.
Learn moreLocal office
Parke Lawyers Ringwood
281 Maroondah Highway, Ringwood — opening hours, directions and full list of services from the Ringwood office.
Office detailsIn-depth reading from our Information Centre
Frequently asked questions
Do I have to be divorced before I sort out the property settlement?+
No — and usually you should not wait. Property settlement is a separate legal process from divorce. There is, however, a strict twelve-month time limit running from the date the divorce takes effect (and two years from separation for de facto couples). Leaving it too late can require special leave from the court, which is not always granted.
How is the property pool divided?+
Australian family law does not start from 50/50. The court applies a four-step process: identify and value the pool; assess each party's contributions (financial and non-financial); consider each party's future needs; and check the proposed result is just and equitable. The outcome depends on the facts, but most settlements land somewhere between 50/50 and 70/30.
How long does a divorce take in Australia?+
Married couples must be separated for at least twelve months before applying. Once the application is filed, the divorce order is typically made within three to four months and takes effect one month and one day after the order is made. Separation under one roof is possible but requires careful evidence.
Do de facto partners have the same rights as married couples?+
In most respects, yes. De facto partners (including same-sex partners) have property settlement and spousal maintenance rights under the Family Law Act broadly equivalent to married couples, provided the relationship meets the statutory definition. The time limit is two years from separation.
What is a parenting plan and is it enforceable?+
A parenting plan is a written agreement between parents about parenting arrangements. It is not directly enforceable as a court order but it can be highly persuasive evidence in any later court application. For enforceability, parents typically formalise the agreement as consent orders.
What happens if my former partner won't agree to anything?+
We start with structured correspondence and an invitation to mediate. Family dispute resolution is usually required before filing a parenting application. If genuine attempts at resolution fail, we file in the Federal Circuit and Family Court of Australia. Court is slow and expensive but sometimes unavoidable.
Can I get an intervention order at Ringwood Magistrates' Court?+
Yes. Family violence intervention orders are made by the Magistrates' Court of Victoria. Ringwood is the local venue for many eastern-suburbs matters. Urgent interim orders can be made the same day where the police or an applicant present satisfactory evidence.
How is child support calculated?+
Child support is administered by Services Australia under a statutory formula that takes into account both parents' incomes, the care arrangements and the costs of children. The result is an assessment that can be enforced. Parents can also enter binding or limited child support agreements that depart from the formula in defined ways.
What is spousal maintenance?+
Spousal maintenance is financial support paid by one party to the other after separation, where one party cannot adequately support themselves and the other has the capacity to pay. It is distinct from child support. Maintenance orders can be interim or final, periodic or lump-sum.
How are superannuation and the family home dealt with?+
Superannuation is treated as property and can be split between the parties under a superannuation splitting order. The family home is usually the largest asset; options include sale and division of proceeds, one party retaining the home and refinancing, or a deferred sale (often where minor children are involved).
What does it cost to get a property settlement done?+
Most uncontested matters settled by consent orders are completed for a defined fixed or capped fee. Contested matters that proceed to court are quoted on a stage-by-stage basis, with cost updates after each major step. We discuss costs in detail at the first meeting so you can make informed decisions.
Can I attend the Ringwood office in person?+
Yes. We meet clients face-to-face at 281 Maroondah Highway and also offer phone and video appointments. Where there is family violence and you cannot safely attend a shared premises, we can arrange alternative meeting locations.