Family and Relationship Law
How We Can Help
Family law often enters your life at its most difficult moments, and our team is here to make that challenging time more manageable. We advise on separation, parenting arrangements, and property settlement under the Family Law Act 1975, as well as Binding Financial Agreements, intervention orders, child support and spousal maintenance.
In our experience, most matters resolve faster and at less cost when court can be avoided, and the process is far less taxing on you and on any children involved. Where court is unavoidable, we guide and support you every step of the way to secure the best possible outcome for you and your family.
Divorce and Separation
Divorce is the formal legal end of a marriage, and it stands separately from property settlement and parenting arrangements. Under the Family Law Act 1975, you can apply in the Federal Circuit and Family Court of Australia once you have been separated for at least 12 months, either on a sole or joint basis. A divorce can still be granted where parties have separated under the one roof, provided there is appropriate supporting evidence. Get in contact with our specialised divorce lawyers to see how we can assist.
What we do
- Sole and joint divorce applications
- Separation-under-one-roof evidence preparation
- Property settlement and superannuation splitting
- Parenting arrangements and consent orders
- Urgent interim property and litigation funding applications
- Private spousal support agreements
- De facto and same-sex couple separation
- Negotiation, mediation and contested hearings
Children’s and Parenting Matters
Parenting matters under the Family Law Act start from one principle: being that the arrangements have to serve the best interests of the children. That covers where the children live, how time is shared, schooling, religion, overseas travel, and (where it arises) family violence.
We act for parents on parenting plans, parenting orders by consent, court ordered mediations, contested proceedings in the Federal Circuit and Family Court, recovery orders, relocation, and matters where grandparents or other carers are involved.
What we do
- Parenting plans, negotiation and drafting
- Parenting orders by consent
- Section 60I mediation in parenting matters
- Contested parenting proceedings in Federal Circuit and Family Court
- Relocation applications and disputes
- Recovery orders for unilateral removal of children
- Family violence orders within parenting matters
- Grandparent, stepparent and carer applications
- Paternity and parentage matters
- Variations to existing parenting orders
Property and Financial Matters
Property settlement under the Family Law Act usually covers more than just the family home. The asset pool can also include real estate, superannuation, businesses, investment portfolios, debts, and sometimes inheritances or trust interests. Proper legal and tax advice is required during this stage, as how the settlement is structured can carry significant tax consequences.
We help our clients identify and value the asset pool, negotiate a settlement, and finalise it through consent orders or a binding financial agreement. Where it cannot be resolved privately, we have the expertise to run the proceeding through to a court-ordered outcome.
What we do
- Property settlement (married and de facto)
- Asset, debt and financial resource identification
- Asset valuation and disclosure management
- Property division negotiation and settlement
- Consent orders and binding financial agreements
- Complex property settlement litigation
- Business, company and family-trust disputes in property matters
- Superannuation splitting, including SMSFs
- Injunctions to preserve the asset pool
- Coordination with accountants and financial advisers
Binding Financial Agreements
A Binding Financial Agreement (BFA) or otherwise commonly referred to as a prenup, is a written agreement that sets out how property and financial resources will be dealt with if a relationship ends. BFAs are available to married and de facto couples in Victoria, and can be entered into before, during or after the relationship.
For a BFA to be binding, each party must receive independent legal advice from their own separately retained lawyer. We draft BFAs, review agreements prepared by the other side, and provide the independent advice you need before signing. Our team also advises whether a BFA is the right tool for your circumstances in the first place.
What we do
- Drafting BFAs before, during or after marriage
- Drafting BFAs for de facto and same-sex couples
- Reviewing proposed BFAs prepared by other lawyers
- Providing independent legal advice for binding effect
- Advice on whether a BFA fits the circumstances
- Variations to existing BFAs
- Applications to set aside BFAs where appropriate
Consent Orders
Consent orders are court-approved orders that formalise an agreement that the parties have already reached without the need for or cost of a contested hearing. Once approved by the Federal Circuit and Family Court of Australia under the Family Law Act 1975, they are binding and enforceable in the same way as any other court order.
Consent orders are commonly used to formalise property settlements, superannuation splits, and parenting arrangements. Our team can help you negotiate the terms, prepare the Application for Consent Orders and the Minute of Orders, and file them through the Court’s online portal.
What we do
- Consent order applications, property and parenting
- Property settlement consent orders
- Superannuation split orders
- Parenting consent orders
- Negotiation of agreed terms
- Drafting of consent order documents
- Court filing and follow-up to sealed orders
Family Dispute Resolution and Mediation
Family law matters resolve faster, more cheaply, and with less damage to the people involved when they don’t end up in court. Further, for most parenting matters in Australia, mediation is a precondition. A section 60I certificate is commonly required before parenting proceedings are commenced, unless the matter falls within one of the recognised exceptions.
We act for clients in family dispute resolution and mediation and run collaborative law processes where both parties commit to resolving matters without going to court. Where needed, we can also draw on our relationships with psychologists, accountants, and financial advisers to coordinate the right support around your matter.
What we do
- Family dispute resolution services
- Section 60I certificate processes
- Acting for clients in private mediations
- Collaborative law processes
- Round-table negotiation and shuttle mediation
- Coordination with psychologists and financial advisers
- Drafting of settlement terms reached at mediation
Family Violence and Intervention Orders
A Family Violence and Intervention Order (FVIO) can restrict a respondent from certain conduct, such as approaching or contacting the affected family member, threatening or harassing them, or damaging property, and children can also be named as protected persons.
The conduct that an FVIO covers extends well beyond physical violence. It can also include sexual, psychological, economic, and emotional abuse, coercive control, intimidation, and stalking. We act for applicants seeking an order, and for respondents, including where an order is being used unfairly or as a tactic in parallel family law proceedings.
What we do
- FVIO applications in the Magistrates’ Court of Victoria
- Personal Safety Intervention Orders (PSIOs)
- Defence of FVIO and PSIO applications
- Interim order applications
- Mentions, directions and contested hearings
- Negotiation of order conditions and undertakings
- Defence against vexatious or improper applications
- Defence of intervention-order breach proceedings
- Coordination with parenting and property matters
Child Support
Child support is the financial contribution one parent makes to the other for the day-to-day cost of raising the children
Our team advises parents on the initial assessment, Change of Assessment applications for situations where the standard formula doesn’t reflect your circumstances (for example, a child’s special needs, high contact costs etc.), private and binding child support agreements, and disputes with Services Australia.
We also handle the harder cases, such as self-employed payers whose income is hard to establish, adult-child maintenance, and care arrangements that have changed since the last assessment.
What we do
- Binding child support agreements and independent legal advice
- Change of Assessment applications and responses
- Child support disputes involving self-employed parents or disputed income
- Child support issues arising from changed care arrangements
- Services Australia objections and Administrative Review Tribunal reviews
- Advice on child support arrears, collection and enforcement
- Limited court applications relating to child support
- Adult child maintenance and post-18 support issues
Spousal Maintenance
Spousal maintenance is post-separation financial support paid by one spouse or de facto partner to the other. The obligation only crystallises where the recipient cannot reasonably meet their own needs and the payer has the capacity to contribute.
Spousal maintenance claims are often time sensitive, and our team acts quickly to secure interim relief where needed, and align the work with any property settlement or child support already underway.
What we do
- Spousal maintenance applications and defence
- Urgent interim spousal maintenance applications
- Periodic and lump-sum maintenance orders
- Private spousal support agreements
- De facto and same-sex partner maintenance
- Variation and termination of existing orders
- Coordination with property and child support matters
Relocation Applications
Relocation is where one parent proposes to move with the children in a way that significantly changes the other parent’s time with them. The move might be interstate, overseas, or even a significant distance within Victoria, but it requires the other parent’s consent or a court order before it can go ahead.
If the parents cannot agree, the Federal Circuit and Family Court will decide the issue based on the child’s best interests.
We act for parents seeking to relocate and for those opposing a move, including urgent injunctions and recovery orders where a child has already been taken without consent.
What We do
- Relocation negotiations and consent arrangements
- Mediation in relocation matters
- Urgent injunctions to prevent unilateral relocation
- Recovery orders where a child has been moved
- Contested relocation hearings
- International relocation and Hague Convention matters
- Variation of existing parenting orders for a move
Frequently Asked Questions
Disclaimer : The information contained in these FAQS is of a general nature only and does not constitute legal advice. It has been prepared by KPA Lawyers without considering your specific objectives, circumstances or needs, and should not be relied on as a substitute for tailored legal advice.
Why KPA Lawyers for Family and Relationship Law
The firm that puts your outcome first
We combine senior expertise with genuine care, your matter will be handled by an experienced lawyer every step of the way.
tHE SAME LAWYER, FROM START TO FINISH
One lawyer handles your matter from beginning to end, so you always deal with someone who knows your situation properly.
Resolution not escalation
Wherever possible we work towards a resolution without inflaming potential conflicts, protecting your interests while keeping the way to a settled future open.
Three conveniently located offices
Our divorce and family lawyers are able to see you in our Sandringham, Mornington or Melbourne CBD offices for privacy and convenience.
KPA handled our business sale with precision and care. They explained every step clearly and achieved a result we were truly happy with.
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Practical legal advice for individuals, families and businesses across
Melbourne, Bayside and the Mornington Peninsula.
Our Team
The FAMILY AND RELATIONSHIP LAW TEAM
You get direct access to senior legal minds who actively steer your strategy, giving you the clarity and financial certainty you need to move forward with confidence.
Hazel Ondari
ASSOCIATE
Hazel leads KPA’s family law practice and also advises in employment law, with particular expertise in complex parenting...