Family Law
Separation, divorce and family breakdown can have serious emotional consequences. They also have important legal consequences, and give rise to the need for many decisions to be made about the future.
The breakdown of a marriage or domestic relationship involves consideration of issues such as property settlement, spousal maintenance, and the effect of any binding financial agreement (commonly known as a “pre-nuptial agreement”).
If there are any children involved, issues of residence (where and with whom the children will live), contact (when and where the children will have contact with their other parent) and child support must also be considered.
In many cases, the Family Law Assistance Program (FLAP) may refer you to family dispute resolution (FDR) and counselling services which can provide an effective, cheaper and less stressful alternative to contested court action and can help people to deal with the emotions of separation and reach agreement together. Agreements between the parties can be given the force of court orders through the making of Consent Orders at the Consent Orders Clinics.
If there are issues of family violence or abuse involved, there are legal steps available to help parties to protect themselves.
FLAP can help you to understand the law as it applies to your situation and to take steps to attempt to achieve the most satisfactory outcome for you and your family.
Monash-Oakleigh Legal Service students (located in the same building) can assist you with straightforward divorce and consent order matters, although it is important to remember that they cannot represent you in court.
For more complex matters, it may be more appropriate for you to make an appointment with the Family Law Assistance Program. There are things to be considered before your first appointment, you can read about it here.
The program can also refer you to private solicitors and other helpful organisations in appropriate cases.
You may also find some relevant materials on our Forms& Downloads and Useful Links
pages.
