Are you separating or thinking of separating from your partner?
Do you need a family lawyer to listen to you and support you with empathy?
Be Safe. Be Heard. Be Supported.
Family Law in Australia
Family law in Australia is governed primarily by the Family Law Act 1975, and it’s designed to support families through separation, divorce, parenting arrangements, and property settlements—with a strong emphasis on the best interests of children and the safety of all parties involved.
You’re not just facing legal issues—you’re facing life-changing decisions. We’re here to help you move through them with clarity and care. We offer steady guidance tailored to your story. Every family is different, so we listen deeply, act with integrity, and shape a path that reflects your values and goals. Our focus is on helping you feel supported, informed, and ready for what comes next.
We understand that family law disputes are sensitive and delicate, and we do not encourage unnecessary or lengthy court proceeding. Instead, we encourage clients to consider amicable approach, being open and communicative to create an equitable outcome for everyone. Yet we do strategically advocate for your rights and what is best for your children with our experience and skills at every step. If it becomes necessary due to unreasonable demands of opposing parties, we are not afraid to take a firmer approach to achieve a resolution.
Divorce
In Australia the law follows a no-fault divorce, and the parties must be separated for at least 12 months to apply for divorce. For married couples, separation followed by divorce is the first important step on the journey to a new life. It is never simple, but it is a lot easier with a reliable team by your side. That’s Montgomery Legal Practice family lawyers.
Here, we strive to make family law more straightforward to comprehend and recognise that each case is unique, requiring tailored support and careful handling. We guide our clients through the divorce procedure with compassion and care, assuring them that they have the right group of professionals on their side. We take up the conversations that our clients are unable to have and provide them with the information they need to confidently make any difficult decisions along the way.
With our assistance, clients successfully navigate the divorce process and move forward in life with renewed strength. Getting a lawyer to help you does not need to be expensive; we offer fixed fee options for a divorce application.
DIVORCE
Children and Parenting
In Australian Family Law the focus is on the child’s best interests, including living arrangements, decision-making, and time spent with each parent. Even though you are separating, both parents are the most important people in your child’s (or children’s) life. When there are no safety or risk issues, the best arrangements for the future are those where:
- your child continues to have a loving and meaningful relationship with both parents and other family members
- both parents continue to share responsibility for the child
- your child lives in a safe environment, with no violence or abuse.
Parental separation can be a stressful time for a child. How they react to separation and divorce often depends on their age, temperament and the level of cooperation or conflict between their parents. They may experience a range of emotions which are difficult for them to deal with.
Children from separated families develop and flourish just as well as those from families that remain together. Recent research shows that this is especially true when they are supported and encouraged to maintain a positive relationship with both parents. A child needs the continuing care and support of both parents, where possible. They will worry less if you can agree about what is going to happen and explain why to them.
If it is safe to do so, it is generally best if you can reach your own agreement with your former spouse or partner. Making your own agreement is often best for your child, you and your former partner. It will save you both money, time and stress.
At Montgomery Legal Practice we advise parents who need structure and clarity with regards to the arrangements for their children, sometimes incorrectly called child custody. Parents may need help agreeing contact including holidays and birthdays, education arrangements, relocation, maintenance and to set out prohibited steps.
We will take you through parental responsibility and the rights of the child and help you to reach an agreement which puts the needs of the children first. If you would like your agreement formalised, we will help you to agree a parenting order.
Other significant people in a child’s live, such as grandparents and extended family, also play an important role in their wellbeing. At Montgomery Legal Practice we have represented grandparents to reconnect with their grandchild. Under the framework of the current Family Law Act we can help grandparents and other relatives to maintain a relationship with children if it is safe to do so.
Defacto relationships and Family Law
In Australia the Family Law Act 1975 also provides a framework for unmarried couples.
At Montgomery Legal Practice as family lawyers, we help unmarried couples who are considering a financial agreement before purchasing a home or settling down together. In the event that an unmarried couple separate, we can assist with the drafting and implementation of a separation agreement.
We also guide unmarried couples to resolve parenting disputes in the event the relationship breaks down.
The end of a de facto relationship can be emotionally challenging. We take the time to understand your unique circumstances, ensuring your relationship status is clearly and correctly established from the outset. With compassion and care, our team will support you through the separation process. Our experienced de facto relationship lawyers are committed to acting in your best interests—working toward a fair and respectful outcome for both you and your former partner.
Defacto
Finance and Property Settlement
Finances are the toughest aspect of many life events. From the writing of your will to the division of your assets during a divorce, navigating the complex world of legal financial services requires both expertise and compassion.
Montgomery Legal Practice family lawyers are here to help you navigate the legal jargon feel confident about your finances in a way that works best for you. From prenups and postnups, to forensic accountancy and financial settlements, our lawyers have extensive experience in financial matters. They will help you have a clear picture of the situation and all the details you need to make any decisions along the way with confidence.
Property and financial settlement must be approached based on a clear picture of the financial situation. Spousal maintenance, how assets and liabilities are split, and superannuation are key concerns. We handle the complexities of super splitting for you.
Spousal Maintenance
If you are going through a divorce or separation and require financial assistance, spousal maintenance may be an option. Support for a former partner who cannot adequately support themselves.
Binding Financial Agreement
Prenuptials are a feature of Australian family law; however, this is no simple area, and great care must be taken in light of the latest legal developments. In general, a Binding Financial Agreements can be a very useful tool to employ before, during, or at the end of a marriage or de facto relationship. A Binding Financial Agreement can also be used at any time to affect an agreed upon property settlement.
You don’t have to face this alone.
Take the first step toward a solution that feels right for you.
Family Violence
Family and Domestic violence and coercive control is a silent pandemic in our society.
Abuse takes many forms: physical, emotional, financial, sexual and mental. But one thing remains the same; it is never the survivor’s fault.
We believe that all survivors of domestic abuse should get the support they need to feel safe and move on from its impact.
Our family and domestic violence lawyers can help victim/survivors in many ways. They can advise you of your legal options with a caring and professional approach, offering a listening ear so that you feel heard. You can also be connected with more specialist support networks, depending on your case.
At Montgomery Legal Practice we can help by applying to the family courts for injunction orders for use of property and to restrict overseas travel of children.
Financial and Property settlement is an important aspect of divorce or separation. Recent reform of the Family Law Act now explicitly consider the impact of family violence and economic abuse in asset division.
If you are in immediate danger, please call 000 for emergency assistance.
You can call the National Domestic Violence Helpline on 1800 737 732 (1800RESPECT)
Dispute Resolution
Our approach is designed to help you reach a negotiated settlement, whether by supporting you in a third party facilitated family dispute resolution or private negotiation.
Dispute resolution is a process intended for you and your ex-spouse or partner to discuss arrangements for children and financial matters under guidance of a trained mediator.
We cannot be your mediator however we can make a referral to an appropriate mediator who can assist in the process. We can also help the mediation process by providing advice before mediation, during mediation and indeed after mediation.
We can also draw up any agreement that you reach in mediation into an Order to be approved by the Court as a result of the separation of divorce.
DISPUTE
Costs in Family Law Case
At Montgomery Legal Practice, we don’t believe in charging our clients for using outdated business practices or unnecessary communication. You’ll receive a premium service and our modern approach means you can enjoy flexible cost arrangements, including fixed fee and part payment upon conclusion of your matter. We provide a transparent and clear indication of your likely costs, and these estimates are regularly updated. We set out fees in consultation with you and are fair and appropriate.
We believe that every case is unique, and we work hard to make family law process easier for you. Our advice is focused on individual circumstances; we provide you with options which are in your best interest and make sure you remain in control of the decisions, and our cost reflects this commitment.
We offer an initial 15-minute consultation – completely obligation-free – to give you a sense of how we work and to help you decide if we’re the right team to support your journey. If you’d like to move forward, you can then choose to engage us or book a fixed-fee initial consultation for deeper analysis, tailored advice, and practical strategies for your matter.