Book A Free Consult
Support, Asset Divison & More
Everything You Need To Know
Your Questions Answered
The Family Court can issue Court Orders on the basis of a Binding Child Support Agreement.
The Child Support Agency is notified of Court Orders that start a registrable maintenance liability.
After notification, the Child Support Agency registers a liability for collection. The Child Support Agency only registers the parts of the Court Order that concern child maintenance.
A payee can elect for the Child Support Agency to collect maintenance for them, or not. If the payee elects for the Child Support Agency to collect maintenance payments on their behalf, then the payment liability is known as an enforceable maintenance liability.
Court Orders can only be changed by changing the Binding Child Support Agreement or by application to the court.
Grandparents (or with an ongoing relationship with the children) can apply for an order to spend time with them.
As long as it is in their best interest, children have a right to spend time with significant people in their lives.
Grandparents must show that an order to spend time with the children is in the best interests of the children. They also may need to attend family dispute resolution before they can apply to the Court.
A court can make orders about:
No, you do not have to wait to be divorced.
You can apply for Orders concerning your property or children as soon as you separate.
But, when your divorce is granted, you will then have only 12 months to seek property settlement Orders. After this time you need to apply to the Court for special permission to issue proceedings.
Parties are often able to come to an agreement about a property settlement without Court involvement. If you and your partner reach an agreement you can apply to the Court for Consent Orders which is a relatively simple and inexpensive process.
Full and frank disclosure must be demonstrated when identifying and declaring assets. Otherwise, your Consent Orders may be subject to a review and the Court has the option of favoring the other party due to dishonesty on the part of the non-disclosing party.
Legal representation is essential to ensuring full and proper consideration is given to all matters. When Consent Orders are sought, there should be enough information before the court to enable the court to make its own enquiry as to the justice and equity of the Consent Orders.
The lawyers at Byron Bay Family Law & Mediation Specialists Melbourne have extensive experience negotiating family law property settlements. We will carefully consider all aspects of your case and advise you on your specific situation. We will then negotiate in an attempt to reach an amicable outcome. We are committed to ensuring a fair settlement is achieved as quickly as possible, we aim to reduce the time taken and therefore the cost to you.
Byron Bay Family Law is a leading family law firm in Melbourne. Please contact us on 1300 635 529 to speak with a family lawyer from our law firm today. You can also send through your enquiry online now and we will contact you shortly.
Certain matters may be urgent and an application can be lodged for the matter to be heard quickly by the Court. An urgent application might be for:
Parents are expected to have attempted family dispute resolution before applying for Court Orders. Family dispute resolution participation is not required if there has been abuse of a child by one of the parents or if there has been family violence.
An application for a Parenting Order can be made by the child’s parents, the child, a grandparent or any other person concerned with the child’s welfare.
The Court will only hear child related proceedings if an applicant has attended family dispute resolution (perhaps at a Family Relationships Centre) and obtained a certificate. A certificate is not required where:
When dealing with an application for a Parenting Order, the court should have as its paramount consideration the child’s best interests.
A child’s views can be taken into account via a ‘family report’ prepared by a family consultant or an independent children’s lawyer. Sometimes a judge may interview a child, but this is unusual.
A Court can make Orders about:
When a magistrate makes an intervention order to protect a child, they must check if there are Parenting Orders in place. A magistrate can decide to suspend, vary (change) or discharge (cancel) a Parenting Order if certain conditions are met.
The relationship between intervention orders and parenting orders is complex. An intervention order does not stop the respondent applying for a parenting order to see the children. Get legal advice.
Can child care arrangements specified in a Court Order be varied?
There is a legal obligation to take all reasonable steps necessary to put the Parenting Orders into effect. The children should be positively encouraged to comply with the Orders.
What happens if Court Orders become unworkable?
If Court Orders are no longer workable, parents should try to resolve matters with the assistance of a lawyer and vary the Orders. If agreement can’t be reached, then application is made to the Court and the Court may order that both parents attend a parenting program or consider varying the Orders.
What happens if the Court Orders are breached?
The Court takes breaches of its Orders very seriously. Depending on the circumstances, the non-complying parent can be referred to a parenting program, fined, made to provide compensatory (or ‘catch up’ time) with the child and parent, or even face gaol.
Reasonable excuse
When a breach occurs, the non-complying parent may show a reasonable excuse. For example, a very sick child (supported by proper medical evidence) may be considered a legitimate reason for a parent breaching an Order.
Less serious contravention with no reasonable excuse
If there is no reasonable excuse for a less serious contravention the Court can:
More serious contravention with no reasonable excuse
For more serious contraventions where no reasonable excuse has been established the Court can make Orders for fines or imprisonment in relation to the parent committing the contravention.
Further information is available at: familylawcourts.gov.au
Byron Bay Family Law and Mediation Services was established more than fourteen years ago as a boutique family law firm. Our offices are located in the inner Melbourne suburb of Toorak.
Our team of lawyers are experts in Family Law and Family Law Mediation. We have extensive experience and knowledge that allow us to provide an integrated approach to the complex range of issues faced by our clients. We are in a unique position whereby our family dispute resolution practitioners (FDRP) and mediators are also accredited family law experts; this ensures we bring a higher level of expertise to all our mediations.
Unlike many other family law firms, Byron Bay Family Law has a genuine commitment to alternative dispute resolution. This commitment is evident in the diverse range of dispute resolution options and services we offer that clients are unlikely to find anywhere else
We are passionate and dedicated to providing the best possible Family Law service in Melbourne. We have worked hard to gain expertise in all areas of family law, including complex international parenting and financial matters.
We can guide you through a wide range of issues related to legal separation in Australia. This commitment ensures we are at the forefront of family law developments in Melbourne. Vanessa Mathews was one of the fist accredited family law specialists also to become accredited as a FDRP and Mediator. The Byron Bay Family Law team continues to provide professional development services for accountants, financial advisors and mental health professionals. We are vigorously committed to continuing providing community service for a wide range of new initiatives. We provide all the personal service you expect of a boutique law firm with all the experience and knowledge you expect to find in a larger firm.
Byron Bay Family Law’s vision has always been to provide affordable access to the highest quality family law services and essential legal information. We have embraced the use of technology to support this goal. By using online platforms, Byron Bay Family Law can reach a much wider audience (including overseas), vastly improving the efficiency of our internal processes which results in a decrease in costs to our clients.
Via our website and Facebook page, we offer an extensive library of free explanatory videos, Facebook live recordings, downloadable e-books, radio interviews and blog articles. A valuable resource for those seeking detailed information on the public’s most frequently searched topics.
In 2011, MFL pioneered online divorce applications with www.divorce-online.com.au. and has since developed its web-based family law pathway. This process allows clients to enter their details online and obtain a personalised preliminary report, free of charge. Should the client engage the firm, this background information is used to prepare for the initial meeting with the client’s data automatically populated into various documents.
Other recent IT enhancements include interactive online forms, options to attend meetings, mediation and FDR via web cast, online payment portals and handy calculators.
All our clients benefit from clear, fully itemised invoices and trust statements with every interim invoice along with pre-payment of disbursements.
Although a boutique law firm, Byron Bay Family Law can offer the full breadth of family law services that all clients desire. Our clients are not left having to consult across multiple organisations to get the outcome they desire. Our services include the full range of family law dispute resolution services; such as negotiation, mediation, FDR and litigation.
MFL can also provide a secondary consultation role with institutional clients and allied professionals; this includes Relationships Australia, CatholicCare and CPAs/IPAs.
MFL is continually seeking to improve its services and enhance its performance. The firm’s principal, Vanessa Mathews, regularly consults with external experts to review the firm’s strategy, structure and operations and never shies-away-from creating new processes and adopting change.
Divorce law in Victoria is the same as other states in Australia (except Western Australia). The Family Law Act (1975) applies to all Australian states and territories except Western Australia. A judge deciding on a parenting or financial matter will follow the same rules, procedures and legislation to make their decision. The unification of laws across all the states (except Western Australia) means that Family Court orders obtained in one part of Australia will be enforceable anywhere else in Australia. The child support legislation also applies in Melbourne & across Australia. Intervention orders are also recognised and enforceable across state and territory borders.
Under Australian Law, you can apply for divorce after separating for at least one year. The Family Law Act (1976) instigated the ‘no-fault’ system of divorce in Australia. The only condition required is that the marriage has irretrievably broken down. The facts about who is responsible for the breakdown of the marriage is not relevant. If dependent children under the age of eighteen are involved, a divorce will only be granted by the court if proper arrangements have been made for their welfare. If you have any queries about divorce law in Australia, get in touch with us.
There is no presumption that a mother or father is a ‘better’ parent. The child’s ‘best interests’ is the paramount consideration.
There is no sexuality-based presumption or laws that are applied to same-sex parents. Again, the child’s ‘best interests’ is the paramount consideration.
There is no ‘one size fits all’ parenting presumption. The child’s ‘best interests’ is the paramount consideration.
There is no ‘50/50’ asset division presumption. The asset pool will be divided according to the particular circumstances of each case, including the various contributions made by each of the parties and their future needs.
No, you may apply for a property settlement any time after separation and before the divorce (and up to 12 months after divorce).
‘Pre-nups’ are enforceable provided they have been prepared in accordance with the strict legislative requirements.
The amount of time you live with your partner is not the only criteria the court will consider when determining if a de facto relationship existed. A de facto relationship may be found to have existed where the parties lived with each other on a part time basis only.
Byron Bay Family Law firmly believes in its corporate social responsibility. We also believe that corporate social responsibility is best demonstrated via actions rather than words. The firm’s Principal, Vanessa Mathews, has a Degree in Social Work from Melbourne University. She is passionate about providing low cost and pro-bono access to information and justice. Ensuring every demographic in the community is well supported and has access to expert Family Law advice.
MFL maintains four content-rich websites, with informative videos, a Family Law Library of articles and videos, online calculators, chat and applications processes, all provided free of charge. Regular Facebook Live videos, e-newsletters and other social media posts also disseminate valuable information at no cost, and through channels that are easy to access by the wider public.
We also have several other measures that provide affordable access to the firm’s services – free initial telephone consultations, reduced fixed-fee initial consultations, fixed-price services and a choice of unbundled or full-service delivery options.
MFL is involved in the LIV Referral Service, and provides education to other professionals. We actively work to create a strong Family Law community, with representatives participating in the following organizations: Relationships Australia Family Lawyers Panel; LIV Specialist Committee; International Academy of Family Lawyers.
Byron Bay Family Law is a multi award winning family law firm operating out of the Melbourne inner suburb of Toorak. Some of the recent awards won by the firm include:
If you are looking for Melbourne’s best family lawyers look no further than Byron Bay Family Law, Book a Free consultation today to start the process.
The current health climate has brought along with it a range of questions and uncertainties, and introduced additional pressures and stresses associated with the pandemic. To assist clients (and service providers alike) in navigating these times whilst simultaneously managing their family law matters, the following five points for clients to navigate Covid-19 can assist clients during this period and help to alleviate some of the associated uncertainties:
Per the recent advice from the Legal Services Commissioner, it is imperative that whilst clients may be tempted to use present circumstances brought on by the global pandemic for their own personal benefit, practitioners have a duty to inform their clients that it is not appropriate to engage in sharp practice or exploit those who are vulnerable. For example, a client may be unreasonably withholding a child (contrary to a court order or parenting plan) on the basis that the child should not leave the home due to the pandemic. Parents should exercise their best judgement and a common-sense approach to determine what is, and what is not appropriate in the circumstances and seek alternative solutions, rather than exploiting the pandemic for personal gain.
The pandemic does not provide an excuse for parties to ignore and unilaterally change their obligations pursuant to court orders and agreements. Unless a reasonable excuse applies, obligations to court order and/or agreements must be adhered to. In the event that a diversion from a current arrangement is unavoidable, again, parties should use a reasonable and common sense approach to find solutions to challenges. Affording the other party adequate notice if a change is anticipated, along with employing a solution-focused approach, will help to avoid unnecessary
conflict.
Access to the courts and the resulting delay to the progression of matters is understandably a primary concern parties may be experiencing. As such, parties can seek alternative dispute resolution solutions for discrete issues that require a timely response. Byron Bay Family Law and Mediation Services is available to provide interim FDR (parenting) and mediation (financial) to address such issues, with sessions that can be tailored to meet the clients particular needs, including shorter or longer sessions depending on the complexity of the issues.
We are all currently being required to adapt to changes in circumstances, whether they be working from home, or meeting with family and friends digitally as opposed to in-person. If, in a parenting matter for example, time arrangements with a parent or other person is unable to occur, rather than cancelling that time altogether, seek alternative methods to meet those obligations, such as video conferencing and/or– other digital communications. Wherever possible, engaging in honest, open and pragmatic communication with the other parent will assist in navigating the difficulties with changed circumstances.
The importance of maintaining your mental and physical wellbeing is imperative, particularly in circumstances where you are unable to do so in the manner that you are accustomed. If working from home, try to maintain a healthy balance by allocating specific work hours, taking regular breaks and establishing a dedicated workspace. Try to maintain an exercise routine – for example, following an online training class, or even taking a walk around the block.
If you would like to discuss your client’s particular interim issues and how Byron Bay Family Law may work with you to best assist and assure them, please contact us on 1300 635 529 or at [email protected].