Family lawyers for separation, divorce, and property matters

A family lawyer helps you resolve the legal issues that arise when a relationship ends, including how property is divided, how parenting arrangements are structured, and what financial obligations continue after separation. At Reid+Alexander, we advise individuals and couples across Melbourne on matters under the Family Law Act 1975, with a focus on reaching clear, enforceable outcomes without unnecessary conflict or cost.

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How we resolve financial matters

Most property and financial disputes after separation are resolved through one of two legal mechanisms. The right option depends on your circumstances.

Most common

Consent Orders

Consent orders are written agreements between you and your former partner that are approved by the Federal Circuit and Family Court of Australia. Once approved, they become legally binding court orders. They are the most common way to formalise property settlements, spousal maintenance, and parenting arrangements after separation.

  • Legally enforceable once approved by the Court
  • Cover property division, superannuation splitting, and maintenance
  • Can also include parenting arrangements
  • Generally more cost-effective than contested court proceedings
  • Require full financial disclosure from both parties
Before or after separation

Binding Financial Agreements

A binding financial agreement (BFA) is a private contract between partners that sets out how assets, liabilities, and financial resources will be divided if the relationship ends. Unlike consent orders, BFAs do not require court approval, but they must meet strict legal requirements to be enforceable under the Family Law Act 1975.

  • Can be made before, during, or after a relationship
  • Cover property, superannuation, spousal maintenance, and debts
  • Each party must receive independent legal advice
  • No court involvement required
  • Often used to protect pre-existing assets or business interests

Our family law services

We advise on the full range of family law matters for married couples and de facto relationships.

Property settlement

We help you identify the asset pool, assess contributions (financial and non-financial), and negotiate a just and equitable division of property. This includes real estate, businesses, investments, and superannuation splitting.

Parenting arrangements

We advise on parenting plans, parenting orders, and care arrangements that reflect the best interests of the child. Where parents can agree, we formalise those arrangements through consent orders.

Divorce applications

We prepare and file divorce applications with the Federal Circuit and Family Court. In Australia, you must be separated for at least 12 months before applying. Divorce itself does not resolve property or parenting matters.

Spousal maintenance

If one party cannot adequately support themselves after separation, they may be entitled to spousal maintenance. We advise on eligibility, negotiate amounts, and include maintenance terms in consent orders or binding financial agreements.

Child support

Child support is typically assessed by Services Australia based on both parents' incomes. We advise where the standard formula doesn't reflect your situation, and help negotiate binding child support agreements where appropriate.

Mediation & dispute resolution

Many family law matters can be resolved through mediation or negotiation without going to court. We represent you in alternative dispute resolution (ADR) processes and prepare any resulting agreements for formalisation.

How the process typically works

Every matter is different, but most family law cases follow a similar path. Understanding the steps can help you make informed decisions early.

  1. Separation. You and your partner decide to separate. This can occur while still living under the same roof (known as separation under one roof).
  2. Legal advice. We assess your situation, explain your entitlements, and outline your options for resolving property, financial, and parenting matters.
  3. Financial disclosure. Both parties are required to provide full and frank disclosure of their financial position, including assets, liabilities, superannuation, and income.
  4. Negotiation. We negotiate on your behalf, whether directly with the other party, through their solicitor, or through mediation.
  5. Formalisation. Once terms are agreed, we prepare either consent orders or a binding financial agreement to make the arrangement legally enforceable.
  6. Divorce (if applicable). After 12 months of separation, either party can apply for divorce. This is a separate step from property settlement.

Frequently asked questions

What is the difference between consent orders and a binding financial agreement?

Consent orders are approved by the Court and become enforceable court orders. A binding financial agreement is a private contract that does not require court approval but must meet strict requirements under the Family Law Act 1975. We help you decide which option suits your situation. Read more about consent orders or binding financial agreements.

How is property divided after separation?

The Court considers the total asset pool, each party's financial and non-financial contributions, future needs, and whether the proposed split is just and equitable. There is no automatic 50/50 rule. Property settlement applies to married couples and de facto relationships.

Is there a time limit for property settlement?

For married couples, you generally have 12 months from the date your divorce is finalised. For de facto couples, the time limit is typically two years from the date of separation. Acting early protects your position and reduces the risk of assets being dissipated.

Do I need to go to court?

Most family law matters settle without a court hearing. If you and your former partner can reach an agreement through negotiation or mediation, we can formalise it through consent orders or a binding financial agreement. Court proceedings are generally a last resort.

What about superannuation?

Superannuation is treated as property under the Family Law Act and can be split between parties as part of a property settlement. This is known as superannuation splitting. It can be included in consent orders or a binding financial agreement.

How are parenting arrangements decided?

The primary consideration is always the best interests of the child. Parents can agree on arrangements through a parenting plan or, for something legally enforceable, through parenting orders made by consent or by the Court.

What does a family lawyer cost?

We offer fixed-fee services for defined matters such as consent orders and binding financial agreements, so you know the cost upfront. For more complex matters, we provide a clear estimate before any work begins. Contact us for a no-obligation quote.

Need advice on a family law matter?

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