Family law matters

Separation, divorce and family breakdown can have serious emotional and legal consequences. The breakdown of a marriage or domestic relationship involves consideration of issues such as:

  • Property settlement
  • Spousal maintenance
  • Effects of binding financial agreements commonly referred to as 'pre-nuptial agreement'.

If children are involved, the following issues must also be considered:

  • Issues of residence - where and with whom the children will live
  • Custody - when and where children will have contact with their other parent
  • Child support.

In many cases, mediation and counselling can provide an effective, inexpensive and less stressful alternative to contested court action, and can assist people to reach an agreement and deal with the emotional stress of separation. Agreements between parties can be given the force of court orders through the making of Consent Orders.

If family violence or abuse is involved, legal steps are available to help parties to protect themselves.

Monash-Oakleigh Legal Service (MOLS) can help you understand the law as it applies to your situation and take steps to attempt to achieve the most satisfactory outcome for all family members involved.

MOLS can assist you with straightforward divorce and consent order matters, although they cannot represent you in court.

For more complex matters, clients should make an appointment with the Family Law Assistance Program.

MOLS can also provide referrals to private solicitors and other helpful organisations.

You may also find some relevant materials on useful links page.