Most people who walk into my office for the first time have never spoken to a family lawyer before. They are usually anxious, often exhausted, and almost always worried about what the law will mean for their children, their home and their financial future. My job is to translate the Family Law Act into plain English, tell you what is realistic in your circumstances, and help you take the next sensible step — not the most dramatic one.
What family law covers in Australia
Family law in Australia is governed primarily by the Family Law Act 1975 (Cth) and is administered by the Federal Circuit and Family Court of Australia (FCFCA). It deals with the legal end of a relationship — whether you were married or in a de facto relationship — and the consequences that flow from it: dividing your property and superannuation, arrangements for children, child support, and in some cases ongoing spousal maintenance.
Family law is not punitive. The Court does not care who left whom or who was at fault. It cares about a fair division of assets in light of contributions and future needs, and about arrangements for children that prioritise their best interests. Understanding that early on usually changes how people approach negotiation — and saves them money.
How most family law matters actually resolve
The vast majority of family law matters in Victoria settle out of court. They settle through a mix of solicitor-led negotiation, formal mediation, family dispute resolution (FDR), and — once terms are agreed — consent orders filed with the FCFCA so the agreement is legally enforceable. Only a small minority end up at a contested final hearing, usually because of family violence, an entrenched dispute about children, or where a party simply will not engage.
I always begin by mapping out the realistic settlement range under the four-step property settlement process the Court applies. Once you know the range, the question is no longer 'will I win?' — it is 'what is the cheapest and least stressful path to a number inside that range?'
Divorce vs property settlement vs parenting — they are separate
One of the most common misunderstandings I see is that 'getting divorced' resolves the property and the children. It does not. A divorce order in Australia only formally ends the marriage. Property settlement and parenting arrangements are entirely separate processes, and there are strict time limits — 12 months from the date of divorce for married couples, or two years from separation for de facto couples — to apply to the Court for property orders.
If you miss those limits, you need the Court's permission to apply out of time, and that permission is not guaranteed. If you have separated and have not yet finalised property, do not delay getting advice.
Binding Financial Agreements (BFAs)
A BFA — sometimes called a prenup, postnup or separation agreement — is a contract under the Family Law Act that records how property will be divided. It can be entered into before, during or after a relationship. Done correctly, a BFA can give certainty and avoid court altogether. Done poorly, it can be set aside years later when it is needed most.
Both parties must have independent legal advice and the agreement must comply with strict procedural rules. I act for clients on both sides of BFAs and will be honest about whether a BFA is the right tool for your situation.
How I handle a family law matter
- 1Free initial consultation — I listen, you tell me what is going on, no obligation
- 2Honest assessment of your realistic settlement range and likely costs
- 3Strategy: negotiation first, mediation if needed, court only as a last resort
- 4Drafting of consent orders, BFAs or applications — clearly explained before you sign
- 5Ongoing communication so you are never wondering what is happening
Frequently asked questions
How long does a divorce take in Australia?
A divorce application in Australia usually takes around four months from filing to the divorce order taking effect. You must have been separated for at least 12 months before you can apply. The divorce itself only ends the marriage — it does not finalise property or parenting arrangements.
Do we have to go to court to settle property?
Usually no. Most family law property matters in Victoria settle by negotiation or mediation, with the agreed terms then filed as consent orders. Going to a contested final hearing is the exception, not the norm, and is usually only required where a party will not engage or where there are serious safety concerns.
What is the difference between a de facto relationship and marriage for family law?
For property settlement purposes the Family Law Act treats de facto relationships and marriages largely the same way — but a de facto party must apply within two years of separation, and must first establish that a de facto relationship existed. Marriage produces a clean date — a marriage certificate — which makes the legal test simpler.
How much does a family lawyer cost?
Costs depend almost entirely on whether your matter settles by negotiation, mediation or court. Out-of-court resolutions are typically a fraction of the cost of a contested hearing. I will give you a realistic costs estimate at the free initial consultation and a written costs disclosure under the Legal Profession Uniform Law before any work begins. Victorian Legal Aid is available for eligible clients.
Reviewed by Elisa Rothschild BA/LLB — Principal Lawyer, Fogarty Oliver Rothschild. Admitted to legal practice in Victoria. Last reviewed 2026-05-22.
This page is general legal information about family law in Victoria, Australia. It is not legal advice for your specific situation. For advice on your matter, book a free initial consultation.