Family Lawyers in Box Hill, Melbourne
Parenting, property, support and safety after separation each come with their own rules and their own time limits. One call tells you where you stand, and we settle where agreement is possible and go to court when it is not.
Spencer Alexander Lawyers is a Box Hill, Melbourne law firm acting for people across Victoria in divorce, parenting arrangements, property settlement, binding financial agreements and intervention orders, with the principal overseeing every matter. Separation raises three questions: where the children will live, how property will be divided, and what support will be paid. Each has its own rules and its own time limits, and none of them waits for a divorce.
- A divorce needs 12 months of separation, and it does not decide parenting or property.
- A property settlement application must generally be made within 12 months of a divorce order taking effect, or within two years of a de facto separation.
- Most parenting matters require an attempt at family dispute resolution before a court application, unless the matter is urgent or there is family violence.
- De facto couples have the same parenting obligations as married parents, and can generally seek a property settlement once the relationship qualifies under the Family Law Act.
We act for people across Melbourne and regional Victoria through separation and everything that follows, in person, by phone or by video. We appear in the Federal Circuit and Family Court of Australia and in the Magistrates' Court of Victoria on intervention orders. Our office is at Suite 10, 1 Main Street, Box Hill, a short walk from Box Hill station, and we act for clients from Blackburn, Doncaster, Burwood, Balwyn, Surrey Hills, Mont Albert, Ringwood and across Melbourne's eastern suburbs, as well as regional Victoria by phone or video.
What we do
Family law services in Melbourne.
Divorce and separation
Divorce formally ends a marriage and is available after 12 months of separation. It does not deal with parenting or property, which are separate steps with their own time limits. We prepare divorce applications and advise on what separation means for your finances, your children and your will. Read our guide to getting divorced in Victoria. A joint application is a fixed fee of $1,089 and a sole application $1,452, both including GST, and you pay the Court's filing fee directly to the Court. Read more about how we handle a divorce.
Parenting arrangements
In deciding parenting orders, the court treats the children's best interests as the paramount consideration. We help you agree on living arrangements, time and decision making, record it in a parenting plan or consent orders, and put your case firmly when agreement is not possible. Read our guide to parenting arrangements that last. Consent orders for agreed parenting arrangements are a fixed fee of $3,025 including GST, and a parenting plan is from $1,452. Read more about how we help with parenting arrangements.
Property and financial settlement
There is no automatic fifty fifty split. The court weighs what each person contributed and what each will need, and you do not have to wait for a divorce to settle. We explain how property is actually divided, then secure a settlement that binds. Consent orders for an agreed settlement are a fixed fee of $3,025 including GST. Read more about how we handle a property settlement.
Binding financial agreements
A binding financial agreement can be made before, during or after a relationship and settles how property would be divided. Strict formalities apply, including independent legal advice for each person, so we draft and review each one against every requirement the Family Law Act sets. Read how binding financial agreements work. A binding financial agreement is from $3,025 per party, including GST.
Child support and spousal maintenance
Beyond the standard child support assessment, parents can make binding child support agreements, and a former spouse or de facto partner may seek maintenance where they cannot adequately support themselves and the other can afford to pay. We advise on child support and spousal maintenance, whether you are making a claim or responding to one.
Family violence and intervention orders
Where safety is at risk we act immediately, applying for or responding to intervention orders and urgent parenting orders, and advising how they affect the rest of your matter. In immediate danger, always call 000 first. Otherwise call (03) 9125 8355 and tell us it is urgent. Read our guide to intervention orders in Victoria.
What to expect
How a family matter unfolds.
Costs, set out before substantive work starts.
Every matter begins with an engagement letter and costs agreement and a written fee estimate, and defined steps such as a divorce application or consent orders have a fixed fee, listed on our fees page.
Good to know
Common questions in family law.
Is there a time limit on property settlement?
Yes. Married couples generally have 12 months from the day the divorce order takes effect. De facto couples have two years from separation. Outside those limits you can apply only with both people's consent or the court's permission, and permission is not guaranteed, so it pays to get advice early, even if you are not ready to act.
Do we have to attend mediation before going to court?
Usually, for parenting matters. Most parents must attempt family dispute resolution, a structured form of mediation, and obtain a certificate before applying for parenting orders. Exceptions apply where a matter is urgent or where there is family violence. We advise which path applies to you.
How much does a family lawyer cost?
Defined steps have fixed fees including GST: a joint divorce application is $1,089, consent orders for an agreed property settlement or agreed parenting arrangements are $3,025, and a binding financial agreement is from $3,025 per party. Our fees page lists every price. A dispute is charged on a written estimate, set out in a costs agreement before any substantive work begins.
My safety, or my children's safety, is at risk. What can be done quickly?
If you are in immediate danger, call 000. Beyond that, the law can move quickly: intervention orders, urgent parenting applications and recovery orders can be sought at short notice. Tell us the matter is urgent and we will treat it that way from the first call.
Do the same rules apply to de facto couples?
Largely, yes. De facto couples, including same sex couples, have the same parenting obligations as married parents, because parenting law applies to every parent whatever the relationship. De facto partners can also seek a property settlement and maintenance, generally where the relationship lasted two years, there is a child of the relationship, the relationship is registered, or one partner made substantial contributions and it would be seriously unjust not to make an order. The main difference is the time limit: property claims must generally be made within two years of separation.
How long does a property settlement take?
When both people are ready to resolve it, most settlements are agreed within a few months and formalised through consent orders. Contested matters take longer, and a case that runs to a final hearing can take well over a year. The earlier the full financial picture is on the table, the faster things move.
Speak with a family lawyer.
One call tells you where you stand: your options, what to expect, and the best path forward for you and your family.