MELBOURNE FAMILY & DIVORCE LAWYERS
BOOK YOUR FREE 30 MINUTE CONSULTATION
Deciding to separate from your partner is a challenging and emotional time. With so many factors to consider, taking the first step to seek legal advice is crucial. While it may feel overwhelming, this step is essential to protect your rights and understand what you may be entitled to.
At Ramsden Lawyers, our Melbourne family lawyers are here to make that first step easier.
We offer an obligation-free initial consultation, designed to provide clarity and support during this time.
Our team comprises 15 highly skilled family and divorce lawyers, including 7 Law Society Accredited Specialists who focus exclusively on family law.
Among them is Partner Michelangelo Benedetti, a Law Institute of Victoria Accredited Specialist in Family Law.
From 2016 to 2026, our firm has been recognised in Doyle’s Guide as one of the Best Family Law firms.
WHY CHOOSE US?
- Melbourne family lawyers focused exclusively on family law and divorce matters.
- 7 Law Society Accredited Specialists in family law
- Trusted advice across all areas of family law, including divorce, parenting arrangements, property settlements, and complex disputes.
- Recognised in Doyle’s Guide Best Family Lawyers every year from 2016 to 2026.
- Transparent pricing with fixed fee options available for selected family law services.
DIVORCE APPLICATIONS
Our Melbourne family lawyers offer clear, practical advice to help you navigate the divorce process with greater confidence and less stress.
In Australia, you can apply for a divorce after 12 months of separation where the marriage has broken down irretrievably. Separation may occur under the same roof, but the Court will generally require evidence that the separation is genuine. If there are children of the marriage, the Court must be satisfied that suitable arrangements are in place for their care, welfare, and support.
After your divorce is granted, you will generally have 12 months to finalise your property settlement and deal with any outstanding assets and liabilities.
PARENTING MATTERS
If you and the other parent reach agreement about arrangements for your children, our Melbourne family lawyers can help you formalise that agreement through either a Parenting Plan or Consent Orders.
A Parenting Plan is a written and signed agreement that sets out where the children will live, how much time they will spend with each parent, and other important parenting arrangements. It is not legally binding, but it can be amended as your family’s circumstances change.
Consent Orders are a formal agreement approved by the Court. Once made, they are legally binding and enforceable, giving parents greater certainty and a clear framework for future parenting arrangements.
PROPERTY MATTERS
Our Melbourne family lawyers assist clients with property settlements following the breakdown of a marriage or de facto relationship. A property settlement involves the formal division of the asset pool so the outcome is final, legally binding, and enforceable. Any agreement must be just and equitable.
The asset pool is determined by identifying all relevant assets, liabilities, superannuation, and other financial resources of both parties. The division is then assessed by considering each party’s contributions, their future needs, and whether the proposed outcome is just and equitable in the circumstances.
To make a property settlement legally binding and enforceable, the agreement should be formalised by way of Consent Orders or a Financial Agreement.
DE FACTO AND SAME SEX RELATIONSHIPS
Same sex couples have the same legal rights and entitlements as heterosexual couples under the Family Law Act 1975 (Cth). Since same sex marriage became legal in Australia in 2017, same sex couples have been treated equally in family law matters, including marriage, separation, parenting arrangements, and property settlements. In many circumstances, same sex couples with children, including children born through surrogacy, IVF, or adoption, are also recognised as the child’s legal parents.
A de facto relationship refers to two people, whether same sex or opposite sex, who live together as a couple without being married. In many cases, de facto couples have similar legal rights to married couples, particularly where the relationship has continued for at least two years or is formally registered. Where the existence of a de facto relationship is disputed, the Court may consider a range of factors to determine whether a de facto relationship exists and what legal rights and entitlements may apply.
MEDIATION/ COURT REPRESENTATION
Mediation is often a preferred way to resolve family law disputes in Melbourne without going to Court. A qualified and impartial mediator helps both parties work towards an agreement in a practical and structured environment.
If no agreement is reached during mediation, negotiations may continue, or an application can be made to the Court for a decision. Where a matter proceeds to Court, a Judge will determine the outcome. Legal representation can be valuable throughout this process, as Court proceedings often require documents to be prepared and filed, and hearings to be attended. Parties can still reach a settlement after Court proceedings have begun, provided the Court is notified of the agreement.
DOMESTIC VIOLENCE
Family violence is a serious issue, and legal advice can help you understand the options available to protect you and your children. In Victoria, the Court may make a family violence intervention order to prevent behaviour such as stalking, intimidation, harassment, or other abusive conduct. A breach of an intervention order is a serious offence and can lead to criminal penalties.
Allegations of family violence may also affect parenting arrangements after separation or divorce. When children are involved, the Court will prioritise their safety and wellbeing when making decisions about parental responsibility and care arrangements.
Family violence can also be relevant when property settlement issues are being resolved after separation. If you or your children are at immediate risk, call 000 straight away.
WHAT TO EXPECT AT YOUR INITIAL CONSULTATION
Your initial consultation is free, confidential, and available by phone, video call, or in person at the Melbourne CBD office. During this appointment, you can discuss your circumstances, explore your legal options, understand the family law process, and receive a clear indication of likely costs.
With experienced guidance, you can better understand the key issues, the next steps, and the best path forward. Contact the team today to arrange your free consultation.
PAY AT THE END WITH JUSTFUND
Separation can be financially stressful, and that pressure can delay getting the legal help you need.
That is why we offer a Pay at the End option in partnership with JustFund. JustFund provides flexible funding for eligible family law clients, with no upfront costs.
If approved, you can access a flexible line of credit to cover things such as your legal fees (including your barrister), mediator fees, expert fees (such as valuers), and related expenses to the separation. Repayments are not required until you reach a settlement.
Contact us today to find out more regarding payment options with JustFund.
FREQUENTLY ASKED QUESTIONS
WHAT ARE CONSENT ORDERS IN FAMILY LAW?
Consent Orders are a legally binding document that formalises your property settlement and future arrangements for your children when separating. It is important to note that both parties must agree to the terms outlined in the document.
At our Melbourne law firm, our experienced family lawyers can help you reach an agreement with your former spouse.
Once an agreement is reached, both parties will sign the document and it will be sent to the Family Court of Australia for review and approval. The approval by the Family Court of Australia makes the document more binding and provides protection for you in the future.
One of the best parts of Consent Orders is that you and your former spouse won’t need to attend court, saving you time, stress and money.
WHAT DO I NEED TO DO PRIOR TO MY CONSULTATION WITH A FAMILY LAWYER?
We will send you an email confirming the lawyer you have been allocated, the time and date, and a short questionnaire about your situation. This questionnaire has been designed by our family lawyers to get the main information that will assist us in understanding your situation better and enabling us to tailor our advice as best as possible during the consultation.
WHAT HAPPENS AFTER MY INITIAL CONSULTATION?
After your free initial consultation, we provide you with a verbal and written summary of what your fees will be. We offer fixed fee pricing on certain tasks, such as divorce applications, and other payment options such as monthly or ‘event billing.’ If you’re concerned about potential legal fees or have a certain budget, we can tailor a plan moving forward that can accommodate you.
LOOKING FOR INFORMATION ON DIVORCE APPLICATIONS?
If you’re seeking an official divorce order that allows you or your former spouse to re-marry, you’ll need to complete a Divorce Application. This process involves applying to the Federal Circuit Court of Australia and doesn’t cover parenting arrangements or property settlements, which require different processes such as Consent Orders or a Binding Financial Agreement.
A tip for a smoother process: if both you and your former spouse can agree to sign the Divorce Application together, you’ll avoid the extra steps of serving the Application on the other party or attending court.
WHAT IS A FINANCIAL AGREEMENT OR PRE-NUP?
A Financial Agreement, also known as a Prenup or Separation Agreement, is an alternative way for separating couples to formalise their property settlement matters. With a financial agreement, you and your partner can have clarity on how assets accumulated during the relationship will be divided in case of separation. Financial agreements are suitable for parties who are entering into, during or after a de facto relationship, before or during a marriage, or following the breakdown of a marriage. Unlike Consent Orders, a financial order is not subject to the scrutiny of the Family Court, making it a much more customizable and unique option while providing adequate protection.
Our experienced family lawyers can guide you through the financial agreement process and tailor an agreement to suit your unique situation.
