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If you are finalising financial matters during a divorce or separation, Eliza Legal is here to help. Our experienced lawyers provide practical advice and personalised support to formally divide your assets while safeguarding your financial future.

Yes, if circumstances change, parties can terminate or vary an existing BFA or child support agreement. This requires a new financial agreement or a termination agreement, both of which must meet strict legal standards. Parties must still receive independent advice, and the process must reflect their own decisions made without coercion.

Terms like prenuptial agreements, postnuptial agreements and separation agreements refer to Binding Financial Agreements made at different relationship stages. They serve the same legal purpose in family law matters, but the varied names reflect timing and context.

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Consent orders are approved through the Federal Circuit and Family Court of Australia and fall under the court’s jurisdiction, which is governed by the Family Law Act. Binding Financial Agreements are private contracts that don’t require court approval. Both options finalise financial settlements, but BFAs offer more flexibility, while consent orders carry the authority of a court order.

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Yes, but only in specific circumstances. A court may set aside the agreement if there’s unconscionable conduct, fraud, failure to disclose assets or if one party didn’t enter into it of their own free will. Receiving the right advice from specialist family lawyers reduces the risk of the agreement being challenged.

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A Binding Financial Agreement can address property settlement, financial support, family business division, school fees, debt management and superannuation. It can also specify arrangements if the relationship breaks down. These carefully drafted terms ensure clarity and reduce conflict over financial issues in the future.

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De facto couples, engaged couples and married partners can all enter into a Binding Financial Agreement, even when they do not live together. These agreements can be made before, during or after a relationship ends, offering legal certainty and clarity regardless of your formal relationship status. We don't work with couples looking to get a prenuptial or cohabitation agreement, but we can help with family law financial agreements after relationship breakdown.

No, court proceedings are not required for a Binding Financial Agreement to be valid, which allows for more privacy than Consent Orders. As long as both parties receive independent advice from a qualified legal practitioner and sign a statement, the agreement is legally enforceable, making it a private and efficient alternative to court involvement.

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Binding Financial Agreements offer flexibility, privacy and certainty in managing property arrangements, financial support and asset division. They can prevent costly financial proceedings in the family court and allow parties to agree on outcomes tailored to their individual circumstances, without relying on a court order.

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If you are in immediate danger, contact the police. For legal support, reach out to Eliza Legal as soon as possible for confidential advice and assistance in securing protection.

In urgent cases, a temporary intervention order (interim order) can be issued very quickly to provide immediate protection. Our team can guide you through the process and ensure that you receive the necessary legal protection as soon as possible.

An intervention order is a court order designed to protect you from someone violent, abusive, or threatening. It can include conditions that prevent the person from contacting or approaching you.

If an agreement cannot be reached, the matter may need to be decided by the court. We can provide representation to ensure that your interests are protected.

Superannuation is valued based on the type of fund and the specific rules governing that fund. We work with financial experts to ensure an accurate valuation.

Yes, superannuation can be split by mutual agreement between the parties. We can help draft a superannuation agreement that is legally binding and reflects the agreed terms.

The process begins with negotiation or mediation. If unresolved, the court is the next step. Our family law team can assist you whichever way you need to go - from drafting agreements through to court proceedings.

Services Australia typically calculates child support payable based on income, care percentage, and other factors. Our family law experts guide you through assessments and private agreements. We also assist with Binding Child Support Agreements, helping separated parents navigate the system to ensure their children are financially supported post-separation.

Not always. Parenting Plans are informal and flexible, but Consent Orders are legally binding. Our family lawyers advise on whether informal arrangements suffice or whether formal legal representation is needed to safeguard your legal rights in child custody matters. We offer specialist family law advice tailored to your unique situation.

Parenting arrangements are always based on the child's best interests. Courts assess each case uniquely. Our family lawyers will advise you on your options and ensure tailored outcomes, especially when family violence or child protection issues are a factor, ensuring a balanced outcome in all children’s matters.

Yes, under some circumstances, changes can be made. Our family law experts can help you to update orders or parenting plans to reflect your child’s needs. Whether due to relocation, schooling or changes in work, our legal team delivers legal solutions that evolve with your child custody cases and support long-term family law matters.

When one parent refuses to engage, we assist with initiating mediation. If mediation fails, we represent you in court proceedings. An Independent Children's Lawyer may be appointed in complex cases. Our  family lawyers ensure you receive the right legal advice tailored to family law disputes involving non-cooperative former partners.

Mediation is the first step in most cases when reaching an agreement isn’t possible. Mediation is required before the court. Our team of family lawyers will guide you through dispute resolution. If necessary, we’ll provide experienced legal representation in court to protect your child’s welfare. As a specialist family law firm, we ensure your family law journey achieves a fair and equitable outcome.

A parenting plan should outline daily care, living arrangements, communication methods and responsibilities for key decisions like education and health. Our Melbourne family lawyers ensure that all necessary aspects of your child custody matter are addressed comprehensively. Our team provides practical advice to ensure your plan supports your child’s best interests and minimises the potential for ongoing family law disputes.

Most parenting arrangements in Australia are made through mutual agreement between separated parents, often documented in a Parenting Plan or Consent Orders. Our experienced family lawyers offer tailored family law advice to help you manage this complex legal landscape, ensuring fair and equitable outcomes in all children’s matters without escalating to court proceedings unless necessary.

Child support is typically calculated based on each parent’s income, the number of children, and the amount of time each parent spends with the children. We can provide advice on how child support is determined and assist with any disputes.

Yes, if circumstances change, existing parenting arrangements can be modified. We can guide you through this process to ensure that any changes are in your child’s best interests.

If an agreement cannot be reached, we can assist with mediation or represent you in court to secure orders that protect your child’s best interests.

The cost of legal services in family matters can vary significantly based on the complexity of the issue, whether it's resolved through mediation or goes to the Family Court or Federal Circuit Court.

Straightforward financial settlements or parenting arrangements can be more affordable than protracted legal proceedings involving family violence, self-managed superannuation funds, or disputes over child support assessments. Some divorce lawyers offer fixed-fee services for basic matters. It’s extremely helpful to consult a family law specialist early to understand the likely costs and how to manage your legal journey effectively.

Yes. Under the Family Law Act, married couples must apply for a property settlement or spousal maintenance within 12 months of their divorce. For de facto relationships, the time limit is 2 years from the date of separation.

Missing these deadlines usually requires court permission to proceed. These legal matters can become complex, especially with family businesses, financial abuse, or international assets involved. To protect your financial interests, it’s wise to plan ahead and get the right legal advice from an accredited family law specialist or Melbourne family lawyer as early as possible.

Consent orders are legally binding agreements approved by the Family Court, covering parenting arrangements, spousal maintenance, and property and financial settlements. They allow parties to formalise agreements without attending court. Both married and de facto couples can apply for consent orders.

Unlike informal agreements, they are enforceable and provide greater legal security. You should seek legal advice from a Melbourne separation lawyer or divorce lawyer to ensure the terms reflect a fair and equitable outcome. A binding child support agreement may also be included to address child support payments separately.

Family dispute resolution (FDR) is a legal requirement before Family Court proceedings in most parenting matters. It’s a type of mediation aimed at helping separating couples reach agreement on child custody arrangements, financial settlements, or child support without going to court.

An accredited FDR practitioner guides the conversation to ensure all voices are heard. FDR is especially helpful when communication has broken down, but no domestic violence is present. If agreements are reached, they can be turned into binding legal documents. If not, a certificate allows you to initiate legal proceedings.

Yes, many family law disputes can be resolved without attending court, especially through collaborative law, mediation, or formal negotiations with Melbourne family lawyers. Agreements around child support payments, property settlement, or spousal maintenance can be formalised with consent orders or a binding child support agreement.

Avoiding litigation reduces stress, cost, and delays. However, if informal agreements can’t be reached - particularly in cases involving domestic violence, financial abuse or safety concerns - legal proceedings may be necessary. A family law firm can provide guidance on the most appropriate resolution method for your circumstances.

If you can't reach an agreement on parenting or property matters, you may need to attend family dispute resolution (FDR) before escalating the issue. If this fails, applications can be made to the Family Court or Federal Circuit Court. Family law disputes involving financial settlements, spousal maintenance, or child support often require expert legal guidance.

A dedicated family lawyer can help protect your legal rights and assist with legal proceedings to achieve a fair outcome. In some cases - such as where there’s family violence - you may bypass mediation and proceed directly to attending court.

Property and financial settlements are based on what’s just and equitable. The process involves identifying all financial interests, including property, self-managed superannuation funds, debts, and contributions - financial and non-financial - by each party. Whether you’re married or in a de facto relationship, the Family Law Act governs the process.

Courts aim for a fair and equitable outcome after considering future needs. Complex legal matters relating to family businesses, inheritances, or financial abuse may arise. It’s best to consult a good family lawyer or accredited family law specialist to navigate the legal complexities involved.

Following a relationship breakdown, parents can agree on child custody arrangements through a parenting plan or apply to the Federal Circuit Court and Family Court of Australia for formal orders. Arrangements must prioritise the child’s best interests and may include where the child lives, time with each parent, and decision-making responsibilities.

For de facto or married parents, the Family Law Act applies equally. It’s vital to seek legal advice from a family law specialist to ensure a fair outcome and protection of the children involved.

Yes, our lawyers can attend mediation sessions with you, providing support, advice, and representation throughout the process.

If mediation is unsuccessful, we can advise you on the next steps, including the possibility of pursuing litigation to resolve the dispute.

While mediation itself is conducted by a neutral mediator, having a lawyer by your side ensures that your rights are protected and that any agreements reached are fair and legally sound.

At Eliza Legal, our property settlement services are designed to be comprehensive and client-focused. We work closely with you to understand your needs and priorities, guiding you through each step of the settlement process.

Our Property Settlement Process:

1. Initial  Consultation: We begin with a thorough 90-minute consultation to understand your situation and goals and provide you with preliminary advice.
2. Asset Identification and Valuation: We help identify and accurately value all assets and liabilities.
3. Negotiation: Our team negotiates on your behalf to reach a fair and equitable settlement, avoiding court where possible.
4. Court Representation: If negotiations fail, we provide strong representation in court to protect your interests.

Full and frank disclosure means both parties must provide complete and honest information about their financial circumstances, including assets, liabilities, income, and any hidden financial interests. This ensures a fair division of property and is critical for a legally binding agreement.

Family court is often not necessary to finalise property matters. Many couples settle through negotiation or mediation and formalise their agreement with a consent order or financial agreement. However, if a settlement cannot be reached, the family court may be required to decide on property division.

A financial agreement is a legally binding contract between two parties that sets out the division of assets and liabilities in the event of a relationship breakdown. It can be made before, during, or after a relationship and requires independent legal advice for validity.

A consent order is a legal document approved by the Federal Circuit & Family Court of Australia that outlines the terms of a property settlement or financial arrangement. Once the court approves it, it is legally binding, ensuring both parties are legally obligated to comply with the agreed terms. Parenting matters can also be formalised with consent orders.

A property settlement can be finalised through a private agreement, a family law financial agreement or a consent order. A consent order is a legally binding document approved by the court, while a financial agreement is an arrangement between parties that can also be recognised by the court if it meets legal requirements. Privately organised financial settlements can work for some people, but it is highly advisable to seek legal advice from a specialist family lawyer to ensure the arrangement is fair and enforceable.

Property entitlements for divorce and de facto relationship breakdowns are similar under Australian law but with different time limits for claims. In addition to the time limits, proving the existence of a de facto relationship can sometimes be more challenging compared to a marriage. Under the Family Law Act 1975 (Section 90SB), de facto couples must demonstrate a genuine domestic relationship, which involves factors such as shared finances, living arrangements, and the duration of the relationship. This can complicate property claims if evidence is insufficient.

Under the Family Law Act 1975, you must apply for a property settlement within 12 months of divorce (Section 44) being finalised. For de facto couples, the application period is 2 years from the date of separation (Section 90SB). Failing to apply within these timeframes may prevent you from making a claim. It’s advisable to seek legal advice early to understand the steps involved in dividing financial assets with your ex-partner.

A fair settlement considers various factors, such as each party's contributions (financial and non-financial), the length of the relationship, future needs and other relevant circumstances.

• Asset Pool Valuation: Accurate valuation of all property assets, including real estate, vehicles, and personal belongings.
• Financial Contributions: Consideration of each party's financial and non-financial contributions throughout the relationship.
• Future Needs: Assessment of each party's future financial needs, including earning capacity and care of dependents.

Independent legal advice should be sought to ensure that your particular circumstances are well represented so that you can reach a fair property settlement.

Property settlement involves dividing assets, liabilities, and financial resources between separating couples. This process includes everything from the family home, investment properties, and savings in bank accounts to superannuation (including self-managed superannuation funds) and debts.

At Eliza Legal, we understand that every property settlement is unique, and our goal is to tailor our approach to suit your specific circumstances. We have a deep understanding of the Family Law Act 1975, and will ensure that any proposed property settlement is a just and equitable division.