When you are dealing with a relationship breakdown - or disagreements in the months or years after separation - a family lawyer provides legal advice that considers your and your family's long-term wellbeing and best interests.
A family lawyer knows that the complexities of the legal system can be overwhelming, most especially when you're already dealing with the emotional challenges of ending a relationship or co-parenting with your former partner. There are often pressures and decisions to be made that relate to the most important aspects of your life - such as your children and your financial future, which can often cloud your ability to think logically.
Family law issues can often be resolved through negotiation or mediation, but if the parties involved cannot reach an agreement, further legal proceedings may be required.
A family lawyer provides advice on:
- Your legal rights and responsibilities, likely legal outcomes for your matters, and associated legal costs
- Suitable family law services to resolve your matter efficiently
- Managing financial matters or property settlements
- Making parenting arrangements and family relationships, particularly children
- Superannuation splits, including self-managed superannuation funds
- The legal process of divorce or separation
- Property disputes and parenting disputes
- Resolving or addressing difficult co-parenting dynamics
- Child support payments and spousal maintenance
- Protecting children from abuse
- Family violence matters and family violence intervention orders
- Court intervention, court hearings and attending court
Trying to manage everything on your own isn't easy, and having someone on your side to help you make informed decisions can vastly soften the impact of resolving family law disputes. This is why the help of a knowledgeable family lawyer can be invaluable, offering the support and guidance you need during such a difficult time.
How does a person become a family lawyer in Australia?
In Australia, a family lawyer is a legal practitioner who works with individuals, couples and families during family and relationship breakdown across a broad range of family law legal services. This includes matters related to financial separation and parenting arrangements. Family lawyers complete extensive legal studies and practical placements before commencing their careers and may go on to specialise in a certain area of family law.
In Australia, a family lawyer needs to complete:
- Bachelor of Laws (LLB) or a Juris Doctor (JD) from an accredited university
- Practical Legal Training (PLT), often through a Graduate Diploma of Legal Practice
- Admission as a lawyer to the Supreme Court of their state or territory
From here, the local Law Society or Legal Services Board issues a practising certificate, allowing the lawyer to begin providing advice and representation to clients.
Many lawyers undertake postgraduate study or complete further training to become:
- Accredited Family Law Specialists
- Mediation or Family Dispute Resolution facilitators
- Independent Children's Lawyers
- Collaborative law practitioners
- Barristers
- Parenting Co-Ordinators
Family lawyers may also be referred to as 'divorce lawyers' or 'child custody lawyers', but the correct term is family lawyer.
What legal framework do family lawyers use?
The Family Law Act 1975 serves as the foundational legislative framework for family law in Australia. This legal framework guides the advice given by family lawyers and grants the family law courts authority to make decisions on matters such as parental responsibility, children's living arrangements, financial support and the division of assets.
Within this framework, a family lawyer plays a pivotal role in guiding clients through the legal process. They strive to resolve disputes and reach settlements outside of court whenever possible. However, if a settlement cannot be achieved, the family lawyer will provide representation in court, advocating on behalf of their clients.
Their responsibilities also include drafting, negotiating and reviewing all relevant court documents in line with the Family Law Act, as well as coordinating with other professionals involved in the case to ensure a comprehensive and well-prepared legal approach.
What does a family lawyer do?
A family lawyer's daily work covers everything from divorce applications to complicated financial separations or high-conflict parenting matters. They offer support, advice and guidance to families during challenging times, and may specialise in various aspects of family law, such as divorce, separation, child custody arrangements, property settlements, or cases involving family violence.
With their extensive knowledge of the Family Law Act, they guide their clients through the complexities of the legal system during family law proceedings - balancing their clients' wants and needs with the requirements of the other party, as guided by Australian laws.
They also understand how family dynamics and laws intersect, and ensure that families receive the appropriate legal representation and advice tailored to their unique situations.
What does daily work look like for family lawyers in Australia?
The answer depends greatly on where they practise and the kinds of clients they serve. The day-to-day work of a family lawyer can be vastly different depending on their experience, specialisations, clientele and the size and structure of the family law firm they work with. A junior solicitor in a large city family law firm will likely have very different tasks from a sole practitioner working in a small practice in a remote or rural community. Some family lawyers appear in court almost every day, while others focus on negotiation, mediation, and behind-the-scenes legal work.
Here’s a picture of the kinds of tasks a family lawyer in Australia might handle day to day:
- Meeting with clients to discuss divorce, separation or relationship breakdown
- Drafting and reviewing parenting plans and consent orders
- Advising on property settlements, asset division and superannuation splitting
- Negotiating with the other party’s lawyer to reach an agreement outside of court
- Preparing court documents, such as initiating applications, affidavits and financial statements
- Attending private or court-mandated conferences, which are less formal than full hearings but count as advocacy work
- Representing clients in the Federal Circuit and Family Court of Australia or the Magistrates Court.
- Assisting with child support and spousal maintenance matters
- Handling urgent applications, for example, where family violence, relocation or child safety is an issue
- Advising on binding financial agreements (pre-nups and post-nups)
- Explaining clients’ rights and obligations under the Family Law Act
- Liaising with experts such as mediators, psychologists and accountants
- Keeping up to date with changes in family law and court procedures
In addition to providing clear legal guidance and emotional support, a good family lawyer will:
- Advocate for Your Best Interests
They will work tirelessly to protect your rights and ensure that your interests, as well as those of your children, are prioritised throughout the legal process. - Negotiate Effectively
A good family lawyer will strive to achieve amicable solutions through negotiation, helping to avoid lengthy and costly court battles whenever possible. - Offer Objective Advice
During emotionally charged situations, they will offer calm, objective advice, helping you to make decisions that are in your best long-term interests. - Prepare Thoroughly
They will meticulously prepare all necessary legal documents and ensure that every aspect of your case is well-organised, increasing the likelihood of a favourable outcome. - Keep You Informed
While providing legal assistance, they will update you on the progress of your case and explain complex legal terms and processes in a way that's easy to understand. - Provide Mediation Support
If appropriate, they can facilitate mediation sessions to help resolve disputes amicably, minimising the emotional and financial toll on your family. - Tailor Solutions to Your Needs
A good lawyer recognises that every family situation is unique and will offer customised family law solutions that address your specific circumstances and goals, such as recommending a binding child support agreement or assisting with personal safety intervention orders. - Maintain Confidentiality
Family law matters are extremely sensitive areas of the law. A legal professional will handle your case with the utmost discretion, ensuring that your privacy and sensitive information are protected at all times. - Represent You in Court
When necessary, family lawyers will provide strong representation in court, or organise a Barrister to do so, advocating for the best possible outcome in your case. - Help You Plan for the Future
Beyond immediate legal issues, a good family lawyer can assist in planning for future contingencies, including managing financial settlements, or establishing long-term care arrangements.
How are family law matters resolved?
Every family and every situation is unique, which means that family law matters can't be resolved in a one-size-fits-all manner. For some, a private agreement may be reached, but even then, a family law team can ensure that their agreement is made legally binding. Others may require mediation, which most specialist family law firms offer. Mediation allows an impartial third party to facilitate productive discussions and help the parties reach a fair resolution, which can be lawyer-assisted.
Although going to court is sometimes necessary, it is usually required that parties first explore other methods of dispute resolution before applying to the court. Court proceedings are rarely quick, often costly, and can be incredibly stressful for everyone involved. This is why it's always wise to consult a family lawyer early in the process to explore all possible alternatives and potentially avoid the need for a lengthy court battle.
During what is undoubtedly a stressful period for you and your family, having the right family lawyer by your side is helpful. They not only provide legal guidance but also offer the support you need to navigate this challenging time as best as possible.
At Eliza Legal, we can help with the following services:
Guiding you to a better future
Eliza Legal is a leading family law firm servicing the Melbourne’s Bayside and Mornington Peninsula regions, dedicated to providing tailored legal services with compassion and integrity.
If you’re dealing with a family law issue, you don’t have to face it alone. Our experienced family lawyers are here to guide you with compassion, clarity and practical advice. Whether you’re navigating separation, parenting arrangements, property division or any other family law matter, we’ll help you find the best path forward.
Contact us today to arrange a confidential consultation and get the support you need to move ahead with confidence.
