Family Law

Separation

Lawyer Guiding Her Client Through Separation

Our divorce and separation lawyers will help you find a clear path forward.

Separation can feel overwhelming, especially when emotions run high and your future feels uncertain. Our skilled separation lawyers are here to ease that burden. We provide calm, focused legal advice tailored to your unique circumstances - so you can move forward with peace of mind and a clear understanding of your rights and options.

The team at Eliza Legal help guide you through your family law challenges.

At Eliza Legal, we understand that family law isn’t just about legal documents—it’s about people, relationships, and the future. Whether you're facing separation, parenting matters or property division, we offer expert legal advice paired with genuine empathy, helping you make empowered decisions during emotionally challenging times.

Whether you're facing a property settlement or a parenting dispute, our goal is to protect your interests and help secure the best possible outcome for you and your family. We’re here to provide clarity, support, and a way forward - every step of the way.

Family Law Services on the Mornington Peninsula

Separation and divorce can leave you feeling uncertain and overwhelmed. At Eliza Legal, we guide you through the legal process with empathy, empowering you with the confidence and knowledge to move forward. No matter what you're facing, you're not alone.

Divorce & Separation

We simplify the legal aspects of separation and divorce, helping you understand your rights and obligations while protecting your best interests.

Parenting & Children’s Matters

From parenting plans to complex custody disputes, we offer guidance to support the well-being of your children and secure workable arrangements for all involved.

Property Settlements

Our team offers strategic, personalised advice to help you reach a fair property division, no matter the complexity of your financial circumstances.

Mediation & Negotiation

Avoiding court where possible, we help you prepare for mediation and aim for cooperative resolutions through skilled negotiation.

Court Representation

When court proceedings are necessary, we offer strong legal representation while ensuring you remain informed and supported throughout.

Family Violence Support

We provide sensitive and confidential legal support for clients experiencing family violence, including help with intervention orders and urgent protections.

Local Support at Eliza Legal – Mornington Peninsula Focus

Set against the stunning backdrop of the Mornington Peninsula, with its coastal charm, rolling hinterland, and vibrant local communities, this region offers a lifestyle like no other. But even in such a beautiful place, life’s challenges can feel overwhelming.

If you're facing a divorce, separation, or other family law matters on the Peninsula, it can be difficult to enjoy your surroundings. At Eliza Legal, we're here to support you through these tough times with practical, compassionate legal guidance. Whether it’s parenting arrangements, property settlements, superannuation splits, or matters involving family violence, we’re committed to helping you navigate the path forward—so you can focus on your wellbeing and start looking ahead with clarity and peace of mind.

Why Choose Us?

Client Approach

At Eliza Legal, you’re more than a file. We take the time to understand your goals, provide practical solutions, and deliver legal care with compassion and respect.

Family Law Experts

Our experienced family lawyers offer deep expertise across all areas of family law, including divorce, property settlements child custody, and binding financial agreements.

Local Expertise

Proudly based in Mount Eliza, we’re more than just legal professionals - we’re part of the community. From Melbourne to the Peninsula, we provide trusted family law support with a deep understanding of the local landscape and the people we serve.

Take the first step with a free 20-minute discovery call.

Your first step toward clarity starts here. Connect with Eliza Legal for a free, no-obligation discovery call. Our approachable team is here to listen, answer your initial questions, and guide you on what comes next - so you can move forward with confidence and the support you deserve.

Step 1: Free Discovery Call
This is a short, no-obligation phone or video consultation during which we get to know your situation and discuss how we can help. (Please note, no detailed legal advice is provided at this stage.)

Step 2: Comprehensive Consultation – $440 (90 minutes)
In this session, one of our experienced family lawyers will provide tailored legal advice, answer your questions, and help you understand your rights and options under Australian family law.

Step 3:Engage & Outcome
Should you wish to proceed, we’ll develop and implement a strategic plan, guiding you through the legal process with compassion, clarity, and expert support every step of the way.

Free 20 Minute Discovery Call

Frequently Asked Questions

What parenting arrangements can be made after a separation?

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.

How does the property settlement process work under Australian family law?

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.

What if we can’t agree on parenting or property matters during separation?

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.

Is it possible to resolve family law issues without going to court?

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.

How does family dispute resolution (FDR) work, and when is it required?

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.

What are consent orders, and how do they formalise family law agreements?

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.

Are there deadlines for finalising a property settlement after separation?

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.

What are the typical legal costs involved in a family law case?

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.

Speak with the Family Law Team at Eliza Legal

Our experienced separation lawyers are here to guide you through your family law matter with care, clarity, and expert advice - so you can move forward with confidence.

Free 20 Minute Discovery Call

How we can assist:

  • Divorce & Separation
  • Parenting & Children’s Matters
  • Property Settlements
  • Mediation & Negotiation
  • Court Representation
  • Family Violence Support

Our Process

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Step 1

Unsure where to start?

If you are looking for some guidance, get in touch for a complimentary 20 minute telephone call with one of our experienced family lawyers.

During this call, we will explain our role and how we can assist and support you through your separation journey.

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Step 2

We offer a 90-minute initial consultation at a fixed-fee of $440 where we will:

  • Go over your situation in detail
  • Provide you with advice
  • Help you formulate a pathway moving forward
  • Answer any questions you have

You can book online here.

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Step 3

After you book an initial consultation, you will receive a meeting confirmation by email along with a link to an online form.

Once we receive the completed online form, we review your information and prepare for our initial consultation with you, ensuring you receive the best advice on the day of your consultation.

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Step 4

If you decide to move forward with Eliza Legal as your representation, we will provide you with our terms of engagement and an estimate of your legal fees moving forward.

Once you have engaged our services, we provide a tailored approach to how we assist you (depending on your circumstances and requirements).

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Step 1

Prior to selling, you will need to engage a solicitor to prepare a Contract of Sale and section 32 Vendor Statement.

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Step 2

Once you decided to move forward with the sale of your property, please contact us and we will provide you with an estimate of our fees and the forms required to get the ball rolling.

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Step 3

Once you have engaged our services, we provide a personalised approach to your unique circumstances. We make sure your settlement goes through smoothly.

Get in touch to learn more

Ready to get started? Book online below. Alternatively, fill in the form and we will get back to you shortly.

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