Complete Family Law Services in Melbourne, online or in person

Specialist Melbourne divorce lawyers supporting you throughout the process

If you are going through or considering a separation or divorce, our expert team of compassionate family law specialists will guide you through every step. The process can be complex and confusing, particularly when you have children or there are specific financial considerations. Our job is to support you through the process, make it as stress-free as possible, and ultimately get the best outcome for you.  

We can assist you with amicable mediation, draft your documents if you’ve already reached an agreement, or back you up in court if you require strong support in your litigation.

We help you make informed decisions so you can feel in control, approach your separation the way that is right for you, and ultimately secure the best outcomes for you and your family.

“Their ability to communicate complex legal concepts in a clear and concise manner helped alleviate my anxiety and allowed me to make informed decisions throughout the process.”

FORMER CLIENT

As a specialist family law firm, we can help with every aspect of family law.

Here are some of our services, but please contact us for a no-obligation call.

Divorce & Separation

  • Divorce is the legal process dissolving a marriage between spouses, and you must have been separated for at least 12 months before applying for a divorce. However, we can help you to make a plan to resolve the financial and parenting aspects of a relationship at any time after separation.

  • If you are considering separation, it is important to understand the legal implications and obligations. Seeking professional advice and support at an early stage will ensure that you make informed decisions and protect your rights. We can answer your questions and help you make a plan.

Settling Financial Disputes

  • Property settlements allow spouses or de facto partners to divide their assets and liabilities (including superannuation entitlements) after separation and to finally resolve their financial relationship. It is important that your property settlement is formally recorded in court orders or by creating a binding financial agreement to avoid future claims against your assets.

  • Spousal maintenance is financial support paid by one spouse (married or de facto) to the other following the breakdown of a relationship. If you have separated or are considering separating, we can advise if you have a right to spousal maintenance or an obligation to pay spousal maintenance to your former partner.

  • Family trusts and corporate entities are commonly used to protect assets and reduce tax. In a family law settlement, it may be necessary to determine whether a trust or corporate entity is an asset of the parties, and/or to value the parties’ interests in a company or trust. This includes valuing any businesses which are operated by companies or trusts.

  • Family law disputes can affect third parties such as directors and shareholders of companies, creditors of the parties, or family members who are owed money by or jointly own assets with one or both of the parties. Third parties often require their own legal representation to protect their interests and can be joined to legal proceedings.

  • In a separated family, parents have an obligation to provide financial support to assist with the cost of childrearing. The child support system is managed by Services Australia and can be complex and confusing. We help you to make child support arrangements, which can also form part of a financial settlement and be formalised in a binding child support agreement.

  • In Australia, de facto couples have largely the same rights and obligations as married couples. However, disputes can arise around whether parties were in a de facto relationship and/or the duration of the relationship. We can help you to formalise the financial aspects of a de facto relationship which has broken down to avoid future claims against your assets.

  • Once you reach agreement with your former partner about financial issues, it is important to record the agreement in a legally recognised way. This can include court orders, a binding financial agreement and/or a binding child support agreement. We can advise on the best way to formalise your agreement, which will depend on your specific circumstances.

  • Dispute resolution and mediation (including Family Dispute Resolution) offers an opportunity to reach agreement without resorting to the uncertainty, expense, and inconvenience of going to court. A mediator is jointly selected and appointed, and in their neutral role, they assist the parties to reach a mutually acceptable agreement. As your lawyer, we can assist the mediation process by ensuring that you understand your rights and obligations, providing you with support and a representative to negotiate on your behalf at mediation.

  • Sometimes, disputes cannot be resolved through negotiation or mediation and it is necessary to go to the Federal Circuit and Family Court of Australia. Having legal representation to assist you with preparing your court documents and appear on your behalf at any hearings is imperative if you want to achieve the best possible outcome.

Children & Parenting Arrangments

  • When parents separate, disputes can arise about how much time children should spend with each parent, where children live or go to school, and about other significant issues like medical care and religion. Under Australian family law, the most important considerations are to make decisions which are in children’s best interests and which protect them from harm. We help you to understand these considerations so you can make informed decisions about your children’s care.

  • In a separated family, parents have an obligation to provide financial support to assist with the cost of childrearing. The child support system is managed by Services Australia and can be complex and confusing. We help you to make child support arrangements, which can also form part of a financial settlement and be formalised in a binding child support agreement.

  • In a separated family, children can be at risk of physical or sexual abuse or because of the impact of a parent’s mental health or substance abuse on their ability to parent. Risk can also arise due to neglect or emotional harm by exposure to family violence between parents. Allegations of risk are treated seriously and can lead to intervention orders and/or proceedings in the Federal Circuit and Family Court of Australia.

  • When a parent wishes to relocate with their children (either interstate or overseas), or is planning to travel internationally, it is important to secure the other parent’s agreement or apply to the court for permission as early as possible. Where a parent has relocated without permission, urgent court proceedings may be required to secure the return of the children.

  • Under Australian family law, children have a right to spend time and communicate with extended family members including grandparents. In the circumstances of a family breakdown extended family relationships may become fraught, and we can help to resolve this through mediation and/or litigation.

  • In addition to the decisions faced by all parents when their relationship breaks down, parents in same sex relationships may also encounter unique challenges in relation to issues of parentage. This area can be complex, and seeking legal advice at an early stage will help to identify any specific concerns which apply to your family.

  • Dispute resolution and mediation (including Family Dispute Resolution) offers an opportunity to reach agreement without resorting to the uncertainty, expense, and inconvenience of going to court. A mediator is jointly selected and appointed, and in their neutral role, they assist the parties to reach a mutually acceptable agreement. As your lawyer, we can assist the mediation process by ensuring that you understand your rights and obligations, providing you with support and a representative to negotiate on your behalf at mediation.

  • Sometimes, disputes cannot be resolved through negotiation or mediation and it is necessary to go to the Federal Circuit and Family Court of Australia. Having legal representation to assist you with preparing your court documents and appear on your behalf at any hearings is imperative if you want to achieve the best possible outcome.

Document Drafting

  • Binding financial agreements are formal agreements which record a married or de facto couple’s agreement about the financial aspects of their separation (including property settlement and spousal maintenance) in a legally binding way. Parties to a binding financial agreement must each receive independent legal advice, from their own lawyer, before signing the agreement. Whether a binding financial agreement is the best way to formalise your settlement will depend on your specific circumstances.

  • Pre-nuptial (or post-nuptial) binding financial agreements allow parties to a marriage or de facto relationship to pre-determine the financial aspects of their relationship and/or protect particular assets should they separate in the future, in a legally binding way. Parties to a binding financial agreement must each receive independent legal advice, from their own lawyer, before signing the agreement.

  • Binding child support agreements are formal agreements which record an agreement reached between separated parents about the financial support for their children. Binding child support agreements can provide for greater certainty than relying on the administrative child support system, and can provide for the payment of non-periodic expenses such as private school fees, medical costs and extra-curricular activities. Parties to a binding child support agreement must each receive independent legal advice, from their own lawyer, before signing the agreement.

  • Consent orders, once approved by the court, record an agreement about financial matters (including property, spousal maintenance and child support) and parenting arrangements. While parties do not require legal advice before entering into consent orders, they are complex legal documents and obtaining legal advice will ensure that you understand the rights and obligations created by the orders.

  • Parenting plans are written agreements about the care of children. Whilst they are not legally enforceable, they can form a useful record of agreed parenting arrangements and can assist parents in focusing on the needs and best interests of their children.

Family Violence / Intervention Orders

  • Intervention orders are an important tool in protecting families and children from harm, including physical, emotional, psychological, sexual and financial abuse. However, intervention orders may also be brought without proper basis and impact a parent’s ability to spend time or communicate with their children. If you have been a victim of family violence, or if you have been served with an intervention order, obtaining legal advice at an early stage will help you make informed decisions about your circumstances.

  • Longer term arrangements for the care of children in circumstances where there has been family violence, or there are allegations of family violence or risk, can be addressed as part of parenting proceedings in the Federal Circuit and Family Court of Australia. We can help you to navigate this complex part of the legal system and ensure that any issues or allegations of risk are managed appropriately.

We offer a confidential, no-obligation 15-minute call to see if we are a good fit for you.  

“I wholeheartedly recommend Nambiar Hogg (Kuppy and Jeremy) to anyone seeking legal representation. I am grateful for their hard work, guidance, and unwavering support throughout my case.”

FORMER CLIENT