Practice Areas / Family Law
Family Lawyers
Separation, divorce, property settlement and parenting arrangements for families across Melbourne, Frankston and the Mornington Peninsula. We can also advise you in Polish.
When a relationship ends
Separation brings legal and practical decisions at a time when emotions are running high: where the children will live, what happens to the family home, and how superannuation and debts are shared. Arrangements made quickly or informally in the first weeks can be hard to change later.
We explain where you stand and what your options are, and we work towards an agreement wherever that is safe and realistic. Radek Dajer handles each family law matter himself and can advise you in Polish.
How we help with family law
Separation and divorce
Advice from the day you separate, and divorce applications to the Federal Circuit and Family Court of Australia, made by one spouse or jointly.
Property settlement
Identifying and valuing the asset pool, including superannuation and business interests, and negotiating a division that reflects contributions and future needs.
Parenting arrangements
Parenting plans and parenting orders about where children live, the time they spend with each parent, and how major decisions are made.
Agreements and consent orders
Binding financial agreements before, during or after a relationship, and consent orders that formalise what you have agreed with your former partner.
Separation and divorce
Separation and divorce are separate legal steps under the Family Law Act 1975 (Cth). You do not need to be divorced to settle property or parenting arrangements, and a divorce does not settle them for you.
- Separation: no form or filing is needed. You can be separated while living under the same roof, although the court will need more evidence of this if you apply for a divorce.
- Divorce: you must have been separated for at least 12 months. The application to the Federal Circuit and Family Court of Australia can be sole or joint, and a divorce order generally takes effect one month after it is made.
- Children under 18: the court must be satisfied that proper arrangements have been made for the children before the divorce can take effect.
- Marriages overseas: you can apply for a divorce in Australia if either of you is an Australian citizen, is domiciled here, or has lived here for the 12 months before filing, even if you married in Poland or elsewhere.
Property settlement
Since 10 June 2025, the steps the court follows in a property settlement, for married and de facto couples, have been set out in the Family Law Act 1975 (Cth) itself. The court will only make orders that are just and equitable, and the same approach guides negotiated settlements.
- Property and debts: identifying everything either of you owns or owes, whatever name it is in, including real estate, superannuation, business interests, shares and liabilities.
- Contributions: financial and non-financial contributions, and contributions as a homemaker or parent. The court also considers the effect of any family violence on a party’s ability to make those contributions.
- Current and future circumstances: age, health, income and earning capacity, care of children under 18 including the need to house them, the effect of any family violence, and any deliberate or reckless wastage of assets.
- Consent orders: once you agree, the court can make your agreement into binding orders, usually without anyone attending court. Superannuation can be split by consent orders or by a financial agreement.
- Financial agreements: can be made before, during or after a marriage or de facto relationship. Each party must receive independent legal advice before signing, and the lawyer must sign a statement confirming that advice was given.
Time limits for property claims
Married couples must apply to the court within 12 months after their divorce takes effect. De facto couples must apply within 2 years after the relationship ends. After that, a claim can only proceed with the other party’s consent or the court’s permission, which is not given as a matter of course.
Children and parenting arrangements
Under the Family Law Act 1975 (Cth), the best interests of the child are the paramount consideration in any parenting order. Changes that commenced on 6 May 2024 removed the presumption of equal shared parental responsibility and simplified the factors the court considers, with a stronger focus on safety.
- What the court considers: the safety of the child and each carer, the child’s views and needs, each parent’s capacity to meet those needs, and the benefit of relationships with parents and other important people where it is safe.
- Decision-making: each parent has parental responsibility unless a court orders otherwise. Orders can provide for joint or sole decision-making about major long-term issues such as education, health and religion.
- Parenting plans and orders: a parenting plan is a signed and dated written agreement that is flexible but cannot be enforced. Parenting orders, including consent orders, are binding.
- Family dispute resolution: before applying for parenting orders you generally need a certificate from a family dispute resolution practitioner, unless an exception applies, such as family violence, child abuse or urgency.
- Relocation and child support: advice when a parent wants to move with a child, or opposes a move, and on child support assessments and agreements.
Talk to us before you decide
Book a confidential consultation to understand your position before you sign an agreement or make major financial decisions.
Common questions
Can’t see your question? Call 1800 776 529 or send us a message.
No. You can reach a property settlement at any time after separating, and it is often easier to do so early, while records are available and values have not moved much. Once a divorce takes effect, a 12-month time limit starts to run for property applications.
No. The law does not start from equal time or any other formula. Until 6 May 2024 there was a presumption of equal shared parental responsibility for major decisions, and it has now been removed. Arrangements are decided on what is in the child’s best interests, and equal time can still be agreed or ordered where it suits the child.
Since 10 June 2025, the court must consider the effect of family violence on each party’s ability to contribute and on their current and future circumstances. Family violence includes economic and financial abuse, such as controlling a partner’s money or running up debts in their name. If you are in immediate danger, call 000.
Not necessarily. Many matters are resolved through negotiation, mediation or family dispute resolution, and agreed arrangements can be made into consent orders, usually without anyone attending court. Court may be needed where there are safety concerns, where the other party will not engage or disclose their finances, or where a time limit is close.
Yes, review it promptly. Separation alone does not revoke your will or a gift to your former partner. Divorce revokes gifts to a former spouse and their appointment as executor, but only once the divorce takes effect. Check your superannuation nominations too. See our wills and estate planning page.
Yes. Radek Dajer speaks Polish and can take your instructions, explain the process and your options, and go through draft agreements with you in Polish. This can help when family members, records or assets are in Poland. See our Polish-language services.
Family law insights
Separation is a difficult time. Understanding your legal rights early can help you make better decisions about property, children, and your financial future.