Family Lawyer Melbourne (2026)

What can a family lawyer help with after separation?

You can address financial and parenting arrangements while you are separated, without waiting for a divorce. A proposed settlement, a letter from your former partner’s lawyer or an unresolved question about the home or children can be the starting point for advice.

If you also want to end the marriage, a divorce application requires an eligible connection to Australia, at least 12 months and one day of separation, and no reasonable prospect of resuming married life. Separation under one roof during any part of the 12 months before filing requires additional affidavit evidence.

NS Legal prepares the separation evidence and divorce application, alongside any separate work you instruct us to undertake on finances or parenting.

How do property settlements work in Victoria?

There is no fixed formula for dividing property after separation. The court considers the assets and liabilities, contributions and future needs, among other relevant circumstances. Full and frank financial disclosure includes direct and indirect financial interests, so the starting material may extend beyond the home and accounts held in your own name.

Property adjustment applications generally must be filed within 12 months after a divorce becomes final, or within two years after a de facto relationship ends; filing late requires the court’s permission.

Transferring Victorian property following separation also raises state duty questions. A relationship breakdown exemption may apply where the transfer occurs solely because of the breakdown, the transferors and recipients qualify, and no other ineligible person receives an interest. NS Legal prepares a property settlement proposal from your financial records and assesses the Victorian duty treatment of any proposed transfer.

Can we agree on parenting arrangements without a hearing?

Parents who agree can apply for consent orders to formalise their arrangements. A parenting plan is another option, but it is not legally enforceable. When deciding a parenting dispute, the court treats the child’s best interests as paramount, including safety, developmental needs and the benefit of safe relationships.

For a contested parenting application, you generally need to attempt Family Dispute Resolution and file a section 60I certificate unless an exemption applies. Family violence or urgency may support an exemption; the circumstances and evidence need to be assessed.

NS Legal develops proposals for school weeks, holidays and changeovers, prepares you for mediation and, where required, prepares the evidence for a parenting application.

Which courts deal with family matters in Melbourne?

The Federal Circuit and Family Court of Australia has a Melbourne registry. Victorian family violence intervention orders, known as FVIOs, can be sought through the Magistrates’ Court of Victoria. The federal family court does not make state family violence orders.

An FVIO provides protection for an affected person and, where applicable, their children and property. Existing protection orders need to be considered alongside parenting orders, particularly when planning contact or changeovers. If you are in immediate danger, call 000.

NS Legal brings the existing orders and police documents together and sets out your safety concerns in the relevant application. Tell us about those concerns when you make contact, including any restrictions on communication.

What should I bring to a first family law consultation?

Bring the documents you already have that relate to the issues you want advice on. Financial disclosure begins during the pre-action process and continues until the matter is finalised; relevant parenting information can include school reports, medical records and care records.

• Your marriage certificate, a separation timeline and any documents already filed or served.
• Available records of property, mortgages, bank accounts, income, superannuation, businesses and trusts.
• Details of your children’s routines, school and health needs, and the arrangements you would like to discuss.
• Existing parenting orders, FVIOs, mediation certificates and significant correspondence.

You do not need to assemble a complete court brief before contacting us. NS Legal organises the material into a financial disclosure list and a chronology of your children’s care, identifying any missing evidence. Tell us if documents or assets are overseas, and keep the original records available.

How do I book a Melbourne appointment and start my matter?

NS Legal’s Melbourne office is at Suite 1001, 50 Market Street, Melbourne VIC 3000. Call (03) 9620 3275 or request an appointment with a brief outline of your situation, any deadlines and safety concerns. Once you submit the form, we will confirm the meeting place and available times. Arrangements for a first consultation are explained when you book.

Let us know if you have received an application, a proposed agreement or a hearing notice, and whether the other party has a lawyer. The work starts with your timeline and documents, followed by a settlement proposal or court application according to your instructions.

Negotiations require a concrete proposal and consideration of the response. Where court work is needed, the preparation focuses on the orders sought and the evidence supporting them. Bring the complete documents, including any attachments, so the advice can address what has actually been proposed or filed.

Compiled from official sources; updated 29 October 2026.