Separation

Level 5, 11 Eastern Road,
South Melbourne, VIC 3205

When a committed relationship ends the practical and emotional issues are the same for the separating couple whether married or de facto.

We try to reduce the stress of this transition by working towards a sensitively negotiated settlement with our specialist family lawyers rather than engaging in a long drawn out “battle” of wills.

We recommend counselling for couples where appropriate and promote mediation as a process for reaching agreement and negotiating a resolution of all issues without litigation.

We know that one size does not “fit all”, and we take time to advise you on all your options so that you can choose how you want to proceed with clarity and confidence.

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Our Focus Areas

At separation, or when planning to separate, we focus on ensuring clients are well informed of the path ahead. We understand the stress and heightened emotions and work to establish certainty and ease feelings of vulnerability.

Our initial concern for all clients is their physical and mental safety and that of their children. Whilst many separating couples are not impacted by family violence or mental health issues, many clients do require legal assistance to navigate these issues. We address this with clients at the outset so that they can engage the right supports at any stage of their separation to ensure they feel safe.

Clients must understand how their matter will progress, the time frames and costs. Management of expectations is key to client satisfaction; we aim to establish clear steps following separation so that clients can feel a sense of control sooner.

Every separation presents a new set of circumstances. Our role is to ensure clients know what options are available to them considering their unique issues. We consider how those options might impact client outcomes and tailor options to ensure a path forward with priority.

Our role is to secure resolution and finality for our clients. From the point of separation we never lose sight of the end goal, efficient outcomes that bring closure so that clients can move on sooner with their emotional and financial resources intact.

Our Difference

Getting the right advice from the very start means clients are more likely to move on with their new beginning sooner. Speaking to us prior to or as soon as possible after separation means more clarity and confidence.

Family Law specialists

As family law specialists we rely on years of experience in family law to ensure our clients have access to the best legal advice and services.

Client focused

Client focus is an active role, it’s not just a catch cry. Our lawyers have the common denominator of working in this field to help people, and that means engaging with clients.

Outcome driven

Starting on the path of separation is only ever undertaken with immense consideration. This is not lost on us; we know that our clients have already walked a long way before we see them. With this in mind we want to guide our clients to their final destination of resolution sooner.

Support network

From the moment clients engage with us, either prior to or after separation, we link them in with a support network. This includes accountants, financial planners, psychologists, barristers, real estate agents, mortgage brokers, insurance brokers, buyers advocates and more.

Frequently asked questions

The timing of seeing a family lawyer can greatly impact the outcome and costs for clients. From experience clients who invest in an initial appointment prior to separation are often able to separate with less stress and negotiate a resolution sooner, for this reason we would recommend seeing a family lawyer before you separate if possible. If however getting advice prior to separation is not possible then obtaining advice as soon as possible after your separation is ideal so that you can plan your next steps and start making decisions with the benefit of legal advice.

In broad terms at your initial appointment your family lawyer will discuss your physical and emotional safety, preservation of your assets, division of your assets, parenting arrangements for children of your relationship, divorce, financial support by way of spousal maintenance and financial support by way of child support.

Once you have a thorough understanding of the above issues we then work together to determine the next steps you need to take and develop a plan of action.

Following separation most parties follow the following path;

Attend an initial appointment with a family lawyer
Exchange disclosure documents with the other party
Negotiations occur either between parties, via mediation or through lawyers
Reach agreement
Formalise the agreement so that it is legally binding
Implement the terms of your agreement
Divorce (if required)

For some clients where preservation of assets is urgently required, where agreement cannot be reached or where disclosure is not forthcoming from the other party litigation is required. Litigation is reserved for matters where there is no other option and the intervention of the court is essential to protect a client’s interest and to move the matter forward.

The above process can take several months and for others where litigation is required it can take over 18 months.

If you would like more information about the Separation Process please see our blog here.

No, in family law each party is presented by their own lawyer, or can be self represented if they choose. This means even if you get along well with your ex spouse you cannot attend an initial family law appointment together, instead one party only attends for their individual advice.

Speak directly with one of our lawyers

Do you have questions about our legal services or how we can assist with your case? Schedule an initial consultation with our team.

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Practice Areas

Our Focus Areas

At separation, or when planning to separate, we focus on ensuring clients are well informed of the path ahead. We understand the stress and heightened emotions and work to establish certainty and ease feelings of vulnerability.

Our Difference