What services you may need will depend on a few things, including:

• how close to agreement you are with your former partner

• what assets, finances and property are involved

• if you have children together

• how you want to work with lawyers during this time

During our first meeting together we’ll explain the process and help you decide what service you may need next.

Whether you want us to act on your behalf—or you’re keen to handle things yourself—we’ll always advocate for the best outcomes for you. This includes offering upfront fixed fees and not pressuring you into buying services you just don’t need!

You can find a list of our most common family law services and pricing here. We are one of Melbourne’s only fixed-fee family law firms.

If you're finding it hard to cover legal costs, we’re here to help.

Nest Legal has proudly partnered with JustFund - a legal finance provider that might be able to offer a loan to help with your legal fees, depending on your situation.

You can find out more about JustFund here.

You don’t need the other person’s permission or acknowledgment to separate from them. And you don’t need their consent to apply for a divorce.

Separation happens when one person informs the other person of their intention to separate. This could be as simple as telling the other person, “I would like to separate”.

To apply for a divorce, you must be separated from your former partner for at least 12 months.

If you and your former partner both agree to divorce, you can apply as joint applicants. You’ll both need to sign the divorce application, but neither of you will need to serve the divorce documents on the other. You also don’t need to attend the divorce hearing, unless you want to.

If your former partner doesn’t agree to apply for a divorce, you can still apply on your own. You will be the sole applicant and your former partner will be the respondent. You’ll need to serve your divorce documents on your former partner and if there’s a child of the marriage under 18 years of age, you will be required to attend the divorce hearing.

It’s definitely possible for you and your former partner to be separated and living under the one roof. Many couples choose to do this, especially if they have children together.

If you apply for a divorce at a later time, you and your former partner may be required to file an affidavit proving that you were separated while still living together.

There is no rule that children must spend equal time with their parents. The most appropriate care arrangements will depend on the specific needs of the children and the specific circumstances. Ultimately, parents should aim to reach a parenting agreement that reflects the best interests of their children.

Some separated parents are able to make an informal parenting arrangementsagreement. Others prefer to enter into a formal agreement about the care arrangements for their children. These are known as Parenting Agreements or Plans.

Parenting plans can cover:

• Who has parental responsibility

• Who the children live with

• How often they spend time with the other parent

• Where changeovers occur

• Special occasions, such as birthdays, Christmas, Mother’s/Father’s Day

• Domestic and international travel

• Communication

• Education

• Health

A Parenting Plan must be in writing, signed by both parents and dated.

A Parenting Plan is not legally enforceable, however, the Court can consider what was agreed in the Parenting Plan if the parents go to Court later.

If parents want to make their parenting agreement binding and enforceable, they can ask the Court to make a Consent Order. Consent Orders must be approved by the Court and are usually prepared by lawyers.

When parents can’t agree on care arrangements for their children, they can ask the Court to decide. The Court’s priority is the child’s best interests and ensuring that the child maintains a meaningful relationship with both parents, provided it is safe to do so.

If you need help negotiating with your former partner, or would like to formalise your agreement, book in an initial conference to discuss your options and next steps.

A person has a responsibility to financially assist their former partner, if that person cannot meet their reasonable expenses, this is called spousal maintenance.

Spousal maintenance is financial support paid by one person to the other, in circumstances where the relationship has broken down and they are unable to adequately support themselves.

Spousal maintenance can be ordered by a Court when a need exists and the other person has the ability to pay.

A range of factors are considered when determining the needs of the person seeking spousal maintenance and the other person’s capacity to pay, including:

• Age and health

• Income, property and financial resources

• Employment

• What is a suitable standard of living

• Earning capacity

• If there are children, the care arrangements

The first step in seeking spousal maintenance is to negotiate with the other person. An application can be made to the Court if no agreement is reached.

Spousal maintenance can be required after separation, divorce and even after property settlement is finalised.

In some cases, both parties will want certainty that the other will not seek to make a claim for spousal maintenance in the future. Parties can waive their rights to claim spousal maintenance, which can be formalised in a Binding Financial Agreement.

Before doing so, both parties will need independent legal advice about the effect of the agreement and the advantages and disadvantages of entering into the agreement.

If you’d like advice about your rights and entitlements for spousal maintenance so you can move forward in your life, book an initial meeting with us to discuss your options and next steps.

If you are a parent, you may have obligations to pay the other parent child support if you separate. Or you may be entitled to child support payments from your former partner.

Child support payments are assessed by the Child Support Agency. You can contact the Child Support Agency to find out what your, or the other parent’s, child support obligations are.

Child support payments are calculated using a formula that looks into each parent’s financial circumstances, the child’s age and each parent’s percentage of care for the child. Payments can be collected through the Child Support Agency, or paid directly to the other parent.

If a parent has special circumstances that make the child support assessment unfair, that parent can apply to the Child Support Agency for a change in the assessment. In some circumstances, a parent will need to apply to the Administrative Appeals Tribunal or the Court for a decision about child support.

Parents can also reach an agreement about child support obligations outside of the Child Support Agency assessment. A parent can choose to pay an amount greater than the amount assessed by the Child Support Agency, either by increasing periodic payments (weekly, fortnightly or monthly basis) or by paying for non-periodic child expenses, such as school fees in addition to periodic payments. Alternatively, both parents may agree to not claim child support payments at all.

A Binding Child Support Agreement can formalise an agreement reached between parents about child support obligations. Both parents will require independent legal advice prior to entering into the Agreement, which will be binding and enforceable once made.

If you need help negotiating child support payments or formalising an agreement with your former partner, book in an initial conference to discuss your options and next steps.

Children are able to travel internationally with an accompanying parent provided they have passports and any necessary visa documents. However, a parent should not remove a child from Australia without the other parent’s consent.

A parent who is proposing to travel internationally with the children on holiday should notify the other parent as soon as possible of the intended travel destinations and dates. Copies of the children’s travel itineraries and contact details should be provided to the non-travelling parent before the travel occurs.

If a parent threatens to take the children to another country without the other parent’s consent, the non-consenting parent can make an urgent application to the Court seeking that the children’s names be placed on the Family Law Watchlist, or otherwise known as the ‘Airport Watchlist’. This will prevent the children from leaving Australia.

If a parent abducts a child to another country, the Court may order the child’s return to Australia, if that country is a signatory to the Hague Convention on the Civil Aspects of International Child Abduction. However, the process can be expensive and slow, and there is no guarantee that orders for the children’s return to Australia will be made.

If a child is removed from Australia to a non-Hague Convention country, the parent in Australia is likely to have little recourse pursuing the child’s return in the Australian courts.

We recommend that you seek urgent legal advice from a family lawyer experienced in this area if you have any concerns about your children being removed from Australia without your consent. Book a free 10-minute chat with us today for urgent assistance. If there are no available times and the matter is urgent, please call our office on 9486 5269.

A parent should not relocate a child’s residence to another city, State or Territory without the other parent’s consent. If a parent unilaterally relocates with a child, the Court can make orders requiring that the child be returned to their usual place of residence.

Similarly, if a parent is withholding the child from the other parent’s care without proper basis, a Court could order that the child be returned to the other parent’s care. The Court is more likely to make a recovery order on an urgent basis if the child is young and is being withheld from their primary caregiver.

If parents agree to a child moving interstate or overseas, either indefinitely or for a limited period, they should try to reach agreement about when the child will spend time with the parent who is not moving so that their relationship can be maintained.

If there is a disagreement about whether a parent should be permitted to relocate with a child, the parties can ask the Court to decide. The Court will prioritise the best interests of the child when considering each of the parent’s proposals.

If you or your former partner are considering relocating, book in a conference with us to discuss your options and next steps.

If you are concerned about the children being withheld from your care, book a free 10-minute chat with us today for urgent assistance. If there are no available times and the matter is urgent, please call our office on 9486 5269.