LEGAL SERVICES
Separation and Divorce
We provide clear, compassionate advice to help you navigate separation and divorce while protecting your rights and interests.
In Australia, divorce is the legal ending of a marriage and generally requires the parties to have been separated for at least 12 months. We can provide tailored advice for complex circumstances, including separation while living under the same roof.
Divorce, property matters and parenting arrangements are separate legal issues and may require different applications or agreements. Where children under 18 are involved, the Court must be satisfied that appropriate care and welfare arrangements are in place before granting a divorce.
We can assist with divorce applications, separation arrangements, property settlements, parenting matters and family dispute resolution, as well as providing advice where court proceedings are necessary.
Property Settlement
We provide practical advice and support to help you navigate the division of assets, liabilities and superannuation following separation.
Our practitioners can assist with assessing your property interests, negotiating a settlement and formally documenting any agreement reached. Where valuations of property or business interests are required, we can also connect you with appropriate professionals.
We aim to resolve matters efficiently and without Court proceedings where possible, while providing experienced representation where Court proceedings are necessary.
Child Support
We provide practical advice and support to help you navigate child support and child maintenance arrangements.
Child support generally provides financial assistance for children under 18, while child maintenance may apply to adult children in certain circumstances. Payments are primarily managed through Services Australia, with assessments based on factors including each parent’s income, level of care and the child’s age.
We can assist with child support assessments, agreements, changes in circumstances and disputes with Services Australia, helping you understand your rights and obligations at every stage.
Children’s Care Arrangements
We provide clear advice and support to help you establish care arrangements that prioritise your child’s best interests and provide stability following separation.
Arrangements can be informal, documented in a parenting plan, or formalised through legally binding parenting orders, including consent orders. Parenting plans provide flexibility but are not legally enforceable, while parenting orders are enforceable by the Court.
We can assist with negotiating arrangements, preparing parenting plans or consent orders, and seeking parenting orders where an agreement cannot be reached.
Third Parties in Family Law Matters
Our practitioners have extensive experience in representing third parties whose rights or responsibilities are affected by family law proceedings
Third parties may be affected by parenting or property disputes and, in some circumstances, may need to be formally joined to the proceedings so their interests can be considered by the Court.
We can assist third parties seeking to join proceedings, as well as those who have been joined, by advising on their rights, responsibilities and the potential impact of the proceedings.
Family Violence
If you are facing family violence, our dedicated team will provide the legal expertise and compassionate support needed to help you regain safety and control over your situation
Family violence can include physical, sexual, emotional or financial abuse, as well as other behaviours that cause a person to feel unsafe or threatened.
We can advise you on your legal rights and assist with Family Violence Intervention Orders (FVIOs), including applications for interim and final orders. We can also provide guidance if an FVIO has been made against you.
Wealth Protection in Future Relationships
Our team of family lawyers can help you protect your future financial position in the event of separation.
A Binding Financial Agreement (BFA) sets out how property and financial interests will be dealt with if a relationship ends. BFAs can be entered into before or during a marriage or de facto relationship.
We can advise you on the benefits and risks of a BFA, tailor its terms to your circumstances and prepare the agreement. For a BFA to be binding, both parties must receive independent legal advice before signing.
Dispute Resolution in Family Law
Dispute resolution refers to methods that enable parties to resolve their legal conflicts. This broad term encompasses negotiation through lawyers, collaborative practice, conciliation, mediation (including Family Dispute Resolution, or FDR), and arbitration.
The Federal Circuit and Family Court expects parties to attempt to resolve disputes through compromise, discussion, and dispute resolution, provided it is safe to do so and urgent exceptions do not apply. Before filing an application for court proceedings, both parties are expected to have engaged in appropriate services and made efforts to resolve the dispute through other means.
For parenting matters, such as parenting orders, it is mandatory to have engaged in Family Dispute Resolution (FDR) and obtained a certificate from the FDR practitioner before applying to the Court. However, if seeking a divorce or annulment, dispute resolution is not required.
Dispute resolution is an affordable, timely option that can help resolve conflicts and prevent future disputes, giving you greater control over the process and outcome. The various forms of dispute resolution—such as FDR, family counselling, post-separation parenting programs, and arbitration—can be difficult to navigate. At Canterbury Family Law, we are experienced in these processes and can advise you on the most suitable options for your situation.
In Family Dispute Resolution (FDR), a trained practitioner assists you and the other parties in identifying and considering options, with the goal of reaching an agreement to resolve some or all of your concerns. This process takes place through a Dispute Resolution Conference. FDR can be conducted outside the courts with organisations such as Victoria Legal Aid, or it can be court-based. It is important to note that only court-based FDR conferences are legally guaranteed to be confidential and comply with the Family Law Act 1975 (Cth).
A court-based Family Dispute Resolution (FDR) conference consists of two parts, though the overall time frame is not fixed.
Part 1 involves a phone meeting with the Registrar, who will explain the process and any next steps, such as documents you may need to bring to Part 2. If you have legal representation, they must attend this session with you.
In Part 2, both parties and their legal representatives meet with the Registrar, who will outline the process and begin substantive negotiations.
Both stages are privileged, meaning that statements made cannot be used in court, except in certain cases (e.g., suspected child abuse or threats of harm). All discussions are confidential unless exceptions apply.
If an agreement is reached, the Registrar will issue interim or final orders. If no agreement is reached, the matter will proceed to the next stage of the Court process.
Whatever legal advice you require - whether regarding dispute resolution options, legal representation during an FDR conference, or initiating a legal hearing before the Court - Canterbury Family Law understands that negotiations can be a stressful and challenging process. We are here to guide you through every step, helping to bridge disputes and achieve a final resolution.