Family Lawyers in Melbourne
We protect what matters most: your children, your home and your future. Practical agreements where they are possible, and firm representation when a matter has to be decided in court. Discreet and steady, from the very first call.
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 handling 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, 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 in Box Hill, in Melbourne's east, close to Blackburn, Doncaster, Burwood and Ringwood.
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.
Parenting arrangements
The law asks one question: what is in the children's best interests? 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.
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.
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 them to hold up when it counts. Read how binding financial agreements work.
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, agreed before we start.
Every matter begins with a letter of engagement and a written fee estimate, and defined steps such as a divorce application or consent orders can often be quoted as a fixed fee.
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 need the court's permission to bring a claim, 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.
What should I bring to a first appointment?
Whatever you have to hand: any court documents or letters from the other side, a rough list of assets and debts, and your questions. If you have little on paper, that is fine too. The first conversation is about understanding your situation, not testing your paperwork.
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.