Family Law

Family Law

Navigating family law matters can be complex and emotionally challenging. Our experienced team is committed to providing compassionate and professional guidance to help you understand your rights and obligations and provide you with comprehensive solutions.

We understand that these times are difficult for you and your loved ones, and as such we aim to provide you with a prompt, cost effective resolution to your situation. Where possible we will try to resolve your matter through alternate dispute resolution mechanisms such as negotiation or through mediation to prevent litigation. However, should litigation become necessary, our experienced legal team is fully equipped to manage every aspect of your case—from preparation to representation—ensuring you receive tailored, strategic advocacy throughout the process.

Our services in this field include:

  • Divorce
  • Family Violence and Intervention Orders
  • Parenting Arrangements
  • Binding Financial Agreements
  • (Previously known as De Facto)
  • Domestic Relationships
  • Property Settlements
Wyndham Partners has also developed a close working relationship with practitioners in other areas which may be of assistance to you or our loved ones though the process: Valuers, Estate Agents, Psychologists and Accountants.
(03) 9749 8799

If you would like further information please fill out the form and a team member will contact you. Obligation free.

Frequently Asked Questions

Divorce

When is the date of separation for a divorce and why is it important?

The date of separation is the date when one party communicates to another that they do not wish to be together in a marriage. The date is important as there are waiting periods before applying for a divorce in Australia. A couple must be separated for at least 12 months to make an Application for Divorce. You do not need consent from your estranged spouse to apply for Divorce. Once the Divorce has been granted, the couple have a period of 12 months from the date of the Divorce Order to bring an application for a property settlement (see below).


{Note that couples in a De facto relationship have 2 years from the date of separation to arrange a property settlement.}

Can we be separated and still live under the one roof?
Yes, the 12-month waiting period to apply for a divorce can commence even if the couple still live together as long as the couple are no longer living together as husband and wife(i.e. no longer socialise together as a couple or share a marital bed, nor cook and clean for each other).
If you have entered into a property and or parenting settlement does this automatically mean you are divorced?
No, the process for applying for a divorce is a separate process. If parties have reached a property or parenting settlement they will still need to apply for a divorce if they desire to be legally separated.
Property Settlements

When can I apply for a property settlement?
Immediately upon becoming separated! Married couples have a time limit of 12 months from the date of a divorce order to bring an application for a property settlement. De facto couples have a time limit of 2 years from the date of separation to make a property settlement or spousal maintenance claim.
How long do I need to be in a de facto relationship in order to have a property settlement?
Generally parties are required to be in a relationship for at least 2 years for the relationship to be considered a de facto relationship. The court will however consider a number of factors when determining whether the relationship reached the legal definition of a de facto relationship. Factors the court will consider include; whether there is a child of the relationship, whether the relationship was registered, whether the person applying for the property settlement made substantial contributions and the failure to issue an order would be a serious injustice to the applicant.
Do property settlements need to go through the court system?
No, the process of negotiating a property settlement can be done without the intervention of Court proceedings. The Court encourages parties to reach an agreement outside of Court. Even if you are in the Court system, you will be mandated to mediate your matter in an attempt to resolve the matter amicably where possible.
What happens when we reach a property settlement?
Once a property settlement is reached parties can formalise their agreement though a Binding Financial Agreement or Consent Orders through the Court.
Binding Financial Agreements

Is a Binding Financial Agreement a “pre-nuptial agreement"?
Although both agreements deal with the division of property in a relationship, the main difference between the two is that a pre-nuptial agreement is entered into before a relationship, whereas a Binding Financial Agreement can be entered into at any stage of a relationship.
What are the advantages and disadvantages of a Binding Financial Agreement?

Each Binding Financial Agreement is tailored to the parties specific circumstances. The advantages and disadvantages depend on your specific circumstances, but they are generally as follows:


Advantages:

  • Gives peace of mind & financial security in the event the relationship ends.

  • Efficient method to dividing property and assets.

  • Reduce the financial and emotional costs of potential family law proceedings post-separation.

  • Provides a level of certainty as to the division of assets.


Disadvantages:

  • Can be a difficult topic to broach with a partner.

  • Can be challenged in the Court system if situations change for a number of reasons including if the agreement was entered into under fraud or duress, not all assets or relevant information was disclosed, either or both parties have experienced significant changes in circumstances, etc.


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Our Location
Unit 2, 36 Synnot Street,
Werribee, Vic, 3030
Contact Us
Call : (03) 9749 8799
Fax : (03) 9749 8790
Email: info@wyndhampartners.com.au
Opening Hours
Mon - Fri: 9:00am - 5:00pm
Sat- Sun : Closed