Family Law

Separation touches every part of your life — your home, your finances, your children, your sense of what comes next. The legal process that follows does not have to add to that weight. We focus on resolution rather than conflict, on practical outcomes over prolonged disputes, and on making sure you understand your position clearly at every step.

We assist with amicable separations and work best when both parties are committed to reaching a fair outcome without unnecessary delay or cost. We will always be honest with you about your options, what is realistic, and where a referral to a specialist may better serve your needs.

Our Services

Separation Advice & Pathway Planning

If you have just separated, or are considering it, the most important first step is understanding where you stand legally before making any decisions. Our initial separation consultation gives you a clear, honest picture of your rights and obligations — covering property, finances, superannuation, and children's arrangements — and a written pathway plan outlining your recommended next steps.

This is a 60-minute consultation available in person, by video, or by phone. If you proceed to engage our services, the consultation fee is credited toward your matter.

Binding Financial Agreements

A binding financial agreement (BFA) sets out how assets, liabilities, and financial resources will be divided between parties. They can be entered into before a relationship begins, during it, or after separation. When properly drafted and executed, a BFA provides certainty and can avoid the need for court proceedings entirely.

BFAs are particularly valuable for clients with significant assets, existing property or businesses, children from previous relationships, or those entering a new relationship who want to protect what they have built. We advise on whether a BFA is appropriate for your circumstances and draft the agreement with the rigour these documents require.

Please note: both parties must obtain independent legal advice for a BFA to be binding. We act for one party only.

Consent Orders — Property & Children

Where both parties have reached agreement on how property will be divided and how children's arrangements will work, consent orders formalise that agreement and make it legally enforceable. They provide finality and protection for both parties — removing the risk that an informal arrangement is later disputed or ignored.

We prepare consent orders for property settlements and parenting arrangements, file them with the Federal Circuit and Family Court of Australia on your behalf, and take up the sealed orders once approved.

Divorce Applications

A divorce brings the legal marriage to an end. It is a separate process from property settlement and parenting arrangements — you can apply for divorce twelve months after separation, regardless of whether financial matters have been resolved.

We prepare and lodge your divorce application, arrange service on the other party, attend court on your behalf where required, and take up your divorce certificate. If the divorce is uncontested and both parties agree, the process is straightforward and we handle it entirely for you.

De Facto Relationship Property Matters

De facto couples have similar property rights to married couples under Victorian and federal law, but the process and the timeframes for making claims differ. If you are separating from a de facto partner, it is important to seek legal advice promptly — time limits apply to property claims. We advise on de facto property matters and assist with consent orders and financial agreements for de facto relationships.

A Note on Our Approach

We handle family law matters for clients who are committed to reaching an amicable resolution. We are honest about what that means: both parties need to be willing to engage in good faith, and the arrangements need to be legally sound — not just convenient. Where matters involve significant dispute, complex contested proceedings, or allegations of family violence, we will refer you to specialist family law practitioners who are better placed to assist.

This is not a limitation — it is a reflection of our values. We do our best work, and our clients get the best outcomes, when we are working within our area of strength.

Separation to Transformation

Beyond the legal process, separation is a profound personal experience. For clients who want support navigating the emotional and personal dimensions of separation alongside their legal matter, Sue Ellison-Whyte also offers separation coaching through Soul Tonic Legal — a companion service that holds space for the whole person, not just the legal file.

Learn more about Separation to Transformation →

What to Expect Working With Us

We handle family law matters with discretion, efficiency, and genuine care. Most of our family law services are available on a fixed-fee basis, so you will know your costs from the outset. We offer online, phone, and in-person appointments — and for clients going through separation, the flexibility to work with us remotely can make an already difficult time a little easier to manage.

Fees

Initial Consultation — Separation Advice & Pathway Plan	$500
Binding Financial Agreement	$4,500 (range: $3,500 – $7,000 depending on complexity)
Consent Orders — Property & Children	$5,000
Divorce Application	$750 + disbursements (court filing fee applies)

All fees are confirmed in a cost agreement before work begins. Disbursements apply in addition to legal fees. The initial consultation fee is credited toward your matter if you proceed.

FAQs

How long do I have to sort out property after separation?

For married couples, you have twelve months from the date your divorce is finalised to apply to the court for property orders. For de facto couples, the time limit is generally two years from the date of separation. These timeframes are strict and missing them can significantly affect your rights. We recommend seeking advice as early as possible rather than waiting until the deadline approaches.

Do I need to go to court?

Not necessarily. Many separations are resolved entirely without court proceedings — through a binding financial agreement or consent orders filed with the court by agreement. Court litigation is generally the last resort, not the first step. Our focus is on helping you reach a resolution that works for both parties without the cost, time, and stress of contested proceedings.

What is the difference between a BFA and consent orders?

Both can formalise financial arrangements between separating parties, but they work differently. Consent orders are approved by the court and are enforceable as court orders. A binding financial agreement is a private contract between the parties — it does not require court approval, but both parties must obtain independent legal advice for it to be binding. The right option depends on your circumstances and we will advise you on which is more appropriate.

Can I get divorced without my spouse's agreement?

Yes. Divorce in Australia is no-fault — you do not need your spouse's consent to apply. You do need to have been separated for at least twelve months and demonstrate that the marriage has broken down irretrievably. If your spouse does not respond to the application or does not attend the hearing, the divorce can still be granted. We manage this process on your behalf.

What happens to superannuation in a separation?

Superannuation is treated as property in Australia and can be split between separating parties. It requires a specific legal instrument — either a superannuation agreement or a splitting order — and involves engaging with the relevant super funds. We advise on superannuation splitting as part of your broader property settlement.

I am not married — do I have property rights after separation?

Yes, if you were in a de facto relationship. De facto couples have similar property rights to married couples under federal law, provided the relationship meets certain criteria — generally two years of cohabitation, though there are exceptions. Time limits apply to property claims after de facto separation, so it is important to seek advice promptly.

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Book a confidential consultation with our family law team, or start your matter online. We will listen carefully, explain your options clearly, and give you the honest guidance you need to move forward.

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