Family Lawyers Melbourne

How we can help

Family law covers every legal issue that arises when relationships begin, change or end. Our lawyers practise exclusively in this area, which means the person handling your matter deals with cases like yours every day. We can help with:

 

Divorce

Ending a marriage in Australia is a separate legal step from dividing property or arranging care of children. You must have been separated for 12 months, and the application is made to the Federal Circuit and Family Court of Australia. We prepare and file sole and joint divorce applications on fixed fees, including court filing.

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Property settlement

Dividing property after a marriage or de facto relationship is usually the biggest financial transaction of a person's life. The Family Law Act sets out how the court identifies the asset pool, weighs contributions and future needs, and arrives at a division that is fair in all the circumstances. Most of our property matters settle without a trial — by negotiation, consent orders or binding financial agreement.

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Parenting and children

Parenting arrangements are decided by what is in the best interests of the children — not by any preset formula. We help parents reach workable arrangements through parenting plans and consent orders, and we represent parents in court when agreement isn't possible, including relocation and recovery matters.

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De facto separation

De facto and same-sex couples have substantially the same property and maintenance rights as married couples, but strict time limits apply — generally two years from separation to bring a property claim, out of time applications may be available in some circumstances.

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Spousal maintenance

Where one party cannot meet their reasonable living expenses and the other has capacity to pay, the court can order ongoing or lump-sum support.

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Mediation and dispute resolution

Most family law disputes should — and do — resolve without a judge. A well-timed mediation saves time, money and relationships, and in parenting matters family dispute resolution is generally required before you can go to court.

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Intervention orders

We act for both applicants and respondents in family violence and personal safety intervention order matters in Victorian Magistrates' Courts, and we advise on how an intervention order interacts with parenting proceedings.

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Wills and estates

Separation and divorce change what happens to your estate. We prepare wills, powers of attorney and probate applications, and we recommend every client review their estate planning when a relationship ends.

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Family law in 2026: the rules have changed

The Family Law Act 1975 has been substantially amended twice in the last two years, and advice written before these changes may no longer be right.

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Parenting (from 6 May 2024)

The Family Law Amendment Act 2023 removed the former presumption of "equal shared parental responsibility" and replaced the long checklist of parenting considerations with six core factors centred on the child's safety, their views, their developmental and emotional needs, the benefit of relationships with parents and others who are significant to them, and anything else relevant to their circumstances. Arrangements are decided on what is best for the child — there is no starting assumption of equal time.

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Property (from 10 June 2025)

The Family Law Amendment Act 2024 wrote the property settlement framework into the Act itself, expressly requiring courts to consider the economic effect of family violence where relevant, codifying the duty of financial disclosure, and introducing specific provisions for who keeps the family pet. These changes apply to new and most existing matters.

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What this means in practice: if you received advice — or read something online — before mid-2024, have it checked. We stay across these changes so you don't have to.

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What working with us looks like

1. Listen. Your matter starts with a free 30-minute phone assessment. We hear what has happened, identify what is urgent, and tell you honestly whether you need a lawyer at all.

2. Advise. You get clear advice on where you stand, your options, realistic outcomes, and what each path is likely to cost — in plain English, not legal jargon.

3. Plan. Together we choose the approach that fits your situation and budget: negotiation, mediation, consent orders, or court where it's truly needed.

4. Solve. We carry the legal load — documents, correspondence, negotiations and court appearances — and keep you informed at every step, so you can focus on the next chapter.

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Clear fees, no surprises

We publish fixed fees wherever the work allows it: divorce applications from $1,200 plus court costs (sole or joint, including filing), initial consultations with a family lawyer from $400, and wills starting from $990. For property and parenting matters, we scope the work and give you a written estimate before we start, and we review it with you as the matter develops. If paying legal fees before your settlement is the obstacle, we work with litigation funding providers so your matter isn't held hostage by cash flow.

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Why Melbourne families choose Freemont

Family law is all we do — our lawyers work daily in this jurisdiction, appearing regularly in the Federal Circuit and Family Court of Australia, Victorian Magistrates' Courts and the Children's Court of Victoria.

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Named Best Family Law & Child Protection Services 2024 (Victoria) in the APAC Insider Australian Enterprise Awards.

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Four offices across Melbourne and the south-east — CBD, St Kilda Road, Dandenong and Pakenham — with phone and online appointments available Victoria-wide.

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Free 30-minute phone assessment for every new enquiry, and fixed fees wherever the work allows.

Frequently asked questions

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Do I need a family lawyer?

Not always — and we will tell you if you don't. But early advice matters most in family law: decisions made in the first weeks after separation about money, housing and children often shape the final outcome. A single fixed-fee consultation can prevent expensive mistakes.

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How much does a family lawyer cost in Melbourne?

It depends on the work. Our divorce applications start from $1,200 plus court costs and disbursements, initial consultations start from $400 per hour, and your first 30-minute phone assessment is free. Property and parenting matters are quoted individually — you always receive a written estimate first.  For an out of court settlement you can generally expect the fees to range from $5,000 to $15,000, however, it depends on the issues, circumstances and approach taken by each party.

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Is my de facto partner entitled to my property?

Possibly. De facto couples have substantially the same property rights as married couples under the Family Law Act if the relationship lasted at least two years, there is a child of the relationship, or significant contributions were made. Time limits apply — get advice within two years of separation, as an out of time application may not be successful.

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Do we have to go to court?

Usually not. Most family law matters resolve by negotiation, mediation or consent orders. In parenting matters you are generally required to attempt family dispute resolution before filing. We prepare every matter as though it may go to court — which is exactly why most of ours don't.

Which court hears family law matters? Almost all divorce, property and parenting matters are heard in the Federal Circuit and Family Court of Australia, although State Courts do have jurisdiction. Family violence intervention orders are heard in the Victorian Magistrates' Court. We appear regularly in both.

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Talk to a Melbourne family lawyer today

You don't have to work out your next step alone. Book a free 30-minute phone assessment with one of our family lawyers, call us on 1800 976 214, or visit us in the Melbourne CBD, St Kilda Road, Dandenong or Pakenham.