Family Law
Armstrong Lawyers acts in Victorian family law matters with a focus on practical, financially literate outcomes for clients separating from a marriage or de facto relationship. The work is governed primarily by the Family Law Act 1975 (Cth) for property, parenting and divorce, and by the Family Violence Protection Act 2008 (Vic) for intervention orders. Matters are heard in the Federal Circuit and Family Court of Australia and, for intervention orders, in the Magistrates' Court of Victoria.
Most family law matters resolve without a contested hearing. The work that produces a good outcome is done at the front end — disciplined financial disclosure, accurate valuation of the asset pool, realistic assessment of contributions and future needs, and considered negotiation. We treat litigation as a tool to be used when necessary, not as a default.
Property settlements
The Court's task on a property settlement is to apply the four-step process from Stanford v Stanford: identify and value the asset pool; assess the parties' contributions (financial, non-financial, homemaker and parent); assess future needs (age, health, earning capacity, care of children); and consider whether the proposed division is just and equitable in all the circumstances. There is no automatic 50/50 starting point.
We act in matters ranging from straightforward post-separation property splits to complex matters involving private companies, family trusts, self-managed superannuation funds, inheritances received during the relationship, and assets held in other jurisdictions. Where business interests are involved, our commercial capability supports the family law work without the cost of separate engagement.
Superannuation splitting
Superannuation is property for family law purposes and can be split under Part VIIIB of the Family Law Act 1975 (Cth). The split is implemented by the trustee of the fund — for self-managed funds this requires careful coordination with the fund's accountant and may require a change of trusteeship. Different fund types (accumulation, defined benefit, self-managed) require different treatment and produce different tax and retirement outcomes.
Parenting arrangements
The guiding principle in parenting matters is the best interests of the child, with the safety of the child and other family members as the paramount consideration. We act for parents on living arrangements, time and communication, schooling, healthcare, relocation and overseas travel. Family dispute resolution is compulsory before filing in most parenting matters; we conduct or coordinate FDR through accredited practitioners and formalise agreements through consent orders or, where appropriate, parenting plans.
Binding financial agreements
A binding financial agreement is a contract between parties about property and spousal maintenance, entered into before, during or after a relationship. The Act imposes strict requirements — independent legal advice for each party, written advice certificates, and substantive compliance — and the consequences of getting the requirements wrong are serious. We prepare and advise on financial agreements for clients entering second relationships, blending families, or with significant pre-relationship assets.
Divorce, intervention orders and litigation
A divorce application can be made after 12 months of separation and is largely an administrative process. The substantive issues — property, parenting, child support — are dealt with separately. Where safety is a concern, we advise on and represent clients in intervention order applications under the Family Violence Protection Act 2008 (Vic). For contested matters that must proceed to court, we conduct the litigation through to interim hearings, mediations and final hearings in the Federal Circuit and Family Court of Australia.
Why obtain advice early
Strict time limits apply — 12 months from divorce for married couples, two years from separation for de facto couples — and informal arrangements that are not formalised before time expires can leave a party exposed. Early advice also helps identify and preserve assets, manage cash flow during separation, and structure interim arrangements that do not prejudice the final outcome. The first conference is generally enough to map the likely range of outcomes and the practical next steps.
Frequently asked questions
What is the time limit for a property settlement?
For married couples, an application must be commenced within 12 months of the divorce order becoming final. For de facto couples, within two years of the end of the relationship. The Court can grant leave to apply out of time only in limited circumstances. Even where parties are negotiating informally, the time limit continues to run — formalising the agreement before time expires is essential.
Do I have to go to court?
No. Most family law property and parenting matters resolve without a contested hearing — through direct negotiation, mediation, family dispute resolution (compulsory for parenting matters before filing), or collaborative practice. Where agreement is reached, it can be formalised in binding consent orders or a binding financial agreement.
How is property divided?
Under the four-step process in the Family Law Act 1975 (Cth): identify and value the asset pool; assess contributions (financial and non-financial, including homemaker and parent contributions); assess future needs (age, health, earning capacity, care of children); and consider whether the proposed division is just and equitable in all the circumstances. There is no 50/50 starting point.
What about superannuation?
Superannuation is treated as property and can be split between parties under Part VIIIB of the Family Law Act 1975 (Cth). The split is implemented by the trustee of the fund. Superannuation splitting is now a routine part of most property settlements; the structuring of the split has tax and retirement consequences that should be considered carefully.
What if there is family violence?
Safety comes first. We coordinate with police and specialist support services, advise on intervention orders under the Family Violence Protection Act 2008 (Vic), and address the impact of family violence on parenting and property outcomes under the Family Law Act 1975 (Cth). Family violence is a relevant consideration in both the contributions and future needs assessments.
Related services
- Wills & Estate Planning → — updating wills and powers of attorney following separation.
- Commercial Law → — structuring of company and trust interests affected by a family law split.
- Conveyancing → — transfer of real estate to give effect to consent orders.
Further reading
Visit the Armstrong Lawyers Information Centre for commentary on Victorian legal issues relevant to this area of practice.
Speak with Armstrong Lawyers
For practical, financially literate family law advice in Victoria, Contact Armstrong Lawyers on 134 134 or submit an enquiry through our contact page.