Family Lawyers Melbourne & Frankston

Our family law team understands that family disputes are deeply personal. Hannah Smith and Alyssa Staropoli bring substantial experience as practising family lawyers, and Hannah also lectures in family law.

We provide compassionate, practical advice focused on achieving the best outcome for you and your family.

Separation and Divorce

Separation advice
Divorce applications
Rights and obligations following separation
Property settlement negotiations
Court proceedings where required

Parenting

Parenting arrangements
Parenting plans and consent orders
Contravention applications

Financial

Property settlements
Superannuation splitting
Spousal maintenance
Financial agreements (pre-nuptial, post-nuptial and separation agreements)

Family Violence

Intervention Orders
Safety planning and legal advice
Responding to family violence allegations

Making an Enquiry

We understand that family law matters can be very stressful, emotional and sensitive in nature and Spectrum Lawyers is here to advise you thoughtfully and simplify the process. Once we have a full understanding of your requirements, we can provide you with options, fee estimates and a strategy for your family law matter. Contact us for more information.

Our Services

Separation and divorce

Parenting arrangements, plans & consent orders

Property settlements & superannuation splitting

Spousal maintenance & financial agreements

Family violence & intervention orders

Frequently asked questions

When should I have a Binding Financial Agreement (BFA)?

A Binding Financial Agreement (BFA) can be entered into:

Before a marriage or de facto relationship
During a marriage or de facto relationship
After separation or divorce

A BFA allows parties to record how property, finances and, in some cases, spousal maintenance will be dealt with if the relationship breaks down.

When can I apply for divorce?

You can apply for divorce once:

You have been separated from your spouse for at least 12 months and 1 day; and
There is no reasonable likelihood of reconciliation.

It is possible to be separated while living under the same roof, provided sufficient evidence of separation can be established.

Which is better to formalise child arrangements - Consent Orders or a Parenting Plan?

It depends on the circumstances:

Consent Orders are legally binding and enforceable by the Court.
Parenting Plans are written agreements between parents but are not legally enforceable.

Where parties want certainty and enforceability, Consent Orders are generally preferred. Where parties want a cost-effective and/or informal alternative, Parenting Plans are recommended.

Does divorce deal with property?

No. Divorce only legally ends the marriage. It does not determine how property, assets, liabilities, or superannuation are divided. Property settlement and divorce are separate processes.

Do I have to go to Court to resolve a family law dispute?

Not necessarily. Many disputes are resolved through:

Negotiation
Mediation or Family Dispute Resolution
Lawyer-assisted settlement discussions
Consent Orders

Court proceedings are generally considered a last resort when an agreement cannot be reached.

Are parenting proceedings appropriate for a child over the age of 18?

Generally, no. Parenting Orders under the Family Law Act usually only apply to children under 18 years of age. However, there may be other legal issues that arise for adult children, such as financial support in limited circumstances.

Is property always split 50/50?

No. There is no automatic 50/50 division of property in Australia. The Court considers a range of factors, including:

The financial and non-financial contributions made by each party
Contributions as homemaker and parent
The current and future needs of each party
Whether the proposed division is just and equitable

As a result, the division may be 50/50, but it can also be unequal depending on the circumstances of the case.

Need help with Family Law?

Get in touch for a practical solution tailored to your needs.