Family Law

Family & Relationship Law

We assist family law clients with their family law matters across Melbourne and Australia

Relationship breakdown and family disputes can be overwhelming and stressful. Our family law solicitors assist and empower our clients by providing high quality and pragmatic legal advice and legal services. Whilst family lawyers provide their clients with legal advice and representation during their family dispute, often clients’ mental health and emotional needs are left unsupported. Elbob & Stephenson Legal is different from most law firms. Our family lawyers provide a supportive legal service and work to ensure that whilst providing quality legal services, our clients are supported through each stage of their family law matter through access to our referral partners. .

We involve experts to support our client’s physical, emotional and mental health needs and to assist them in making good choices for their family and future. We work with financial advisers, accountants, coaches and expert therapists to assist our clients in achieving positive outcomes personally as well as a fair and equitable outcome in their family law matters.

We are a full service boutique law firm. What sets us apart from a specialist family law firm is that our family law clients benefit from our knowledgeable family law experts and family law services, as well as having access to the other comprehensive legal services we offer to address the diverse legal issues related to their family law matters.

Whilst we are family lawyers in Melbourne, our family law department acts for family law clients in regional Victoria and interstate. Our Melbourne family lawyers are also experienced in acting on behalf of international family law clients.

Whilst we pride ourselves on our experienced team of lawyers, it is our client-focused and holistic approach that makes us the best family lawyers to resolve your family law dispute.

Our family lawyers are ready to assist you and your legal challenges with professionalism, empathy, and legal expertise.

Areas of Family Law we’re experts in

Parenting Arrangements
Property and Financial Settlements
Spousal Maintenance
Binding Financial Agreements
Binding Child Support Agreement
Divorce & Separation
Family Violence
Annulments

Benefits of using a Family Lawyer

Engaging a professional family lawyer early can help you achieve the most effective outcome in your family dispute. It is critical to the success of your case that you obtain quality legal advice early in your family law matter so you can make good choices for you and your family.

Our experienced family lawyers are here to help you with your family dispute

We can help you understand your entitlements.
We can explain the law, legal procedures and court process to you in simple terms to avoid confusion and overwhelm.
We can help minimise the dispute through our professional and non-agitative approach.
We can refer you to experts to assist with your personal needs and support through a stressful process.
We can identify legal issues that may become problematic in the future,
We can simplify the process by doing the paperwork and advocating for you so you do not need to do this on your own.

We are Family Law and Divorce experts

Family law issues are deeply personal and require a compassionate, yet professional touch. Our family law experts recognise that every family is unique and are committed to providing personalised, solution-orientated and supportive legal services to meet your specific needs.

You can trust that you and your family’s best interests are at the forefront of our practice. Whether you are experiencing separation, divorce, parenting disputes and/or family disputes relating to financial matters, including spousal maintenance and child support, our professional family lawyers are here to provide you with the expertise and guidance you need during these challenging times.

Our family lawyers provide advice if you have concerns or questions related to Binding Financial Agreements, child support payments, a child support assessment, or other aspects of the child support scheme. In addition to the above, our family lawyers provide advice and representation if you are impacted by domestic violence or a family violence related matter. Let us be your trusted adviser during this challenging time, providing the legal representation and advocacy you can rely on.

Expert advice and flexible pricing
We provide an initial free consultation and tailored, flexible pricing to accommodate your circumstances.

Understand your position
We provide honest, straightforward advice so you always know where you stand.

Progress with confidence
We believe in finding amicable and efficient solutions to help you move forward with confidence.

Your first steps

Seek legal advice and tell us about your Family Law matter.
We will consider your instructions and provide you with legal advice and strategies to progress your case.
You choose the best strategy to suit your personal needs.
We will provide you with pragmatic and commercial family law legal advice and advocate for you through to the final outcome.

Why choose Elbob & Stephenson Legal?

We are committed to delivering the highest level of family law legal services, making us the best family lawyers to take on your case.

You can be confident that you will receive high quality legal advice and services and best practice approaches.
Your best interests are our priority. We are client focused and offer tailored approaches based on your specific circumstances and values.
We want to help and are transparent about our legal costs and offer flexible payment arrangements.
Our default approach is sensible, practical and strategic. We want to assist you in resolving your dispute efficiently so you can move on to the next chapter of your life.
We do things differently and prioritise your well-being. You will benefit from our vast network of like-minded referral partners to assist you with your personal, emotional and financial needs.

How we resolve Family Law disputes

Obtain Advice

We provide the right legal advice
Getting the right legal advice for your circumstances helps you understand your legal rights and obligations. Our family lawyers help you identify risks and avoid legal pitfalls, recommend strategies to avoid escalation and agitation and aim to provide peace of mind and reduce uncertainty as you progress through your family dispute and the family law system.

Family Law Negotiations

Talk it out
Parties involved in family law matters utilise their respective family lawyers as intermediaries in an effort to identify, minimise, and ultimately resolve the issues in dispute through discussions and written correspondence.

Dispute Resolution

Come to the table
Mediation is the smart approach to resolving family law disputes since it is often quicker and less costly than litigation and empowers you to have greater control over the outcome of your dispute since you are actively participating in the decision-making process. We advocate the use of mediation since it encourages parties to work collaboratively, promotes amicable solutions and can reduce the emotional toll associated with family court proceedings.

Expert Engagement

Where Expertise Meets Resolution
Psychologists, counsellors and parenting coordinators provide insight into the best interest of your children and appropriate children’s arrangements in parenting disputes. Experts such as valuers, financial planners, financial advisors and accountants help you understand the implications of your property settlement and make informed decisions. We ALWAYS recommend you obtain financial advice prior to proposing or accepting a financial settlement.

Family Law Litigation

Prepared for Court, Advocating for You
Our family lawyers prefer to resolve disputes outside the courtroom, but when family court proceedings become necessary are experienced litigators and advocates and proficient with the court process in the Federal Circuit and Family Court of Australia and Magistrates’ Court. You will benefit from specialised legal representation and advocacy to navigate the complex legal issues and emotions involved in family law and family violence related litigation whilst seeking the best possible outcome aligned with your interests and objectives

Your family law questions answered

Family law matters are legal matters that fall under the jurisdiction of the Federal Circuit and Family Court of Australia. The main legislation that governs family law matters is the Family Law Act 1975 (Cth). There are two major categories for family law matters, namely parenting matters and financial matters. Examples of parenting matters are disputes regarding which parent the children will live with, how often children spend time with a parent, and concerns relating to the best interest of the children. Examples of financial matters are disputes regarding the division of your assets, splitting of superannuation and the payment of spousal maintenance.

Because family lawyers provide advice and guidance to help you understand your entitlements and obligations, a family lawyer can help you at any stage of your family law matter, whether it be at the time you are considering separation or when the dispute becomes overwhelming. Family lawyers can provide advice and strategy when separating, leaving a domestic violence situation or when you are considering mediation or alternative dispute resolution. Our lawyers can help you understand your options and know where you stand.

It is important that you do not speak to others about details of your family law dispute or show them any letters, reports or documents relating to your family law matter. Unlike most court proceedings, family law proceedings are confidential disputes.
Speaking openly about your family law dispute or sharing documents from your legal matter with family and friends can have serious repercussions to your case and may also contravene section 121 of the Family Law Act 1975.

Section 121 of the Family Law Act 1975 prohibits the publication of any part of family law proceedings and deems it unlawful to publish information that identifies any person who is a party to or otherwise connected to the family law proceedings. The purpose of this prohibition is to protect the privacy of those involved, particularly when the proceedings involve children.
You must consider the consequences of venting about the other party or the family law process by text message, email and when using social media platforms. Any posts, comments, or photos can be accessed by an incalculable number of persons, since this content can be captured and shared by those who view it. Even if the content is deleted after the fact, it may have already been copied, saved and /or distributed.

Aside from the fact family law matters are strictly private, it is also important that you do not discuss your family dispute or the advice you receive from your lawyers with family, friends or the other party to avoid breaching legal professional privilege.
Legal professional privilege protects the confidential communications and confidential documents between a lawyer and their client from being disclosed or used in litigation.This protection facilitates a free exchange of information between lawyers and their clients, so the client can be properly advised, without fear of potentially prejudicial information being disclosed at a later date.

If you and your former partner agree to a property settlement without attending court, you must formalise your property settlement, so it is legally binding.
The only two ways financial settlements can be made legally binding is by either Court Orders or engaging a lawyer to prepare a Financial Agreement.
You can obtain Court Orders without physically going to Court if you and your partner agree to a property settlement and prepare and file an Application for Consent Orders. The Court will review the Application for Consent Orders and consider whether the Orders requested are just and equitable. The Court is unable to make a financial Order unless satisfied the Order is just and equitable despite you and your former partner agree to the terms and request the Order be made. If the Court takes the view the agreement reached is not just and equitable, the Court can refuse to make the Orders requested and remit the documents back to you and your former partner, requesting you renegotiate your settlement.
A Financial Agreement is a contract prepared by a lawyer that sets out how the parties have agreed to divide the asset pool of the relationship. There are certain requirements that must be met in order for a Financial Agreement to be binding. For example, it is a requirement that both parties have independent legal advicewith a Financial Agreement
If these requirements are not met, then the Financial Agreement can be considered invalid and set aside by a Court. The Financial Agreement is not filed with the Court once signed and there is no outside assessment by, or involvement of the Court, unless an application seeking to set aside the Financial Agreement is filed with the Court.
If your property settlement is formalised by any other method than as detailed above, it will not be legally binding, and may leave you exposed to a future family law claim.

If you are able to come to an agreement about the care and best interests of your children, you can either make a parenting plan or get Court Orders made by consent.

A parenting plan is a signed and written agreement between parents that details the parenting arrangements for your children. Although a parenting plan is not legally enforceable, they may affect the amount of child support payable. A parenting plan may be altered either by mutual agreement in writing or by a Court Order. If you want to change the parenting plan, and the other parent does not agree, you may need to make a family court application. It is likely that pending changes to the parenting plan, it is expected that parents comply with the most recent parenting plan unless you can demonstrate the agreement was procured by threats or intimidation.

You can have your parenting agreement or a parenting plan formalised by the Federal Circuit and Family Court of Australia and made into legally binding parenting Orders. This can be done either by initiating family court proceedings or making an Application for Consent Orders.

Spousal maintenance is financial support paid by one spouse to another after a marriage or relationship breaks down. If you are unable to support yourself adequately, your spouse may be liable to pay you spousal maintenance. This is different from child support, which is payment from one parent to another to assist with the expenses of caring for their children.

If you and your former partner and you do not agree to an arrangement for the payment of spousal maintenance it will be necessary to make a court application. For an application to be successful, you must satisfy the test for spousal maintenance:

That you are unable to support yourself adequately (for example, you do not earn enough money to meet your reasonable living expenses)
That the other party has the ability to pay the spousal maintenance.

The application must also establish your inability to maintain yourself due tow one of the following:

By reason of having the care and control of a child of the marriage who has not attained the age of 18 years;
By reason of age or physical or mental incapacity for appropriate gainful employment; or
For any other adequate reason.

Problem Consultation

Facing a legal challenge? Schedule a problem consultation with Elbob & Stephenson Legal. Our experienced team is here to listen, understand your unique circumstances, and provide expert guidance to navigate the complexities of your case, offering solutions and support tailored to your specific legal needs.

Planning

Plan your legal strategy with confidence at Elbob & Stephenson Legal. Our seasoned team is ready to guide you through the intricacies of your case, offering strategic planning and expert representation to ensure the best possible outcome for your legal matter.

Solving Problem

Let Elbob & Stephenson Legal be your solution in times of legal challenges. Our experienced team is dedicated to solving your problems with strategic insight, expertise, and a commitment to achieving the best possible resolution for your unique case.

From Struggle to Justice

Voices of Our Clients

Discover what our clients have to say about their experiences with Elbob & Stephenson Legal. Read testimonials highlighting our commitment, expertise, and success in providing unwavering legal support during challenging times.

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Frequently asked questions

Got more questions? We’re here to help. Contact us for personalized assistance.

We offer a free initial consultation for most cases. However, depending on the complexity and nature of your issue, a fee may apply. We’ll always discuss any potential charges with you upfront.

We strongly advise against speaking to the police about a criminal matter without first obtaining legal counsel. Our team is available to provide immediate, preliminary advice over the phone. Contact us promptly if the police wish to speak with you – your rights and future may depend on it.

While we can’t guarantee specific outcomes in criminal cases, we can provide a well-informed assessment based on our extensive experience. We’ll give you a realistic evaluation of your case’s strengths and challenges, helping you make informed decisions about your defense strategy.

Absolutely. Attorney-client privilege protects all communications between you and our firm. We maintain strict confidentiality and will never disclose information about your case without your explicit consent, except in extremely rare situations required by law.

Legal fees vary based on the complexity of your case. During your initial consultation, we’ll provide:

Our hourly and daily hearing rates
An estimated total cost for your case
A breakdown of when payments are due
Information on payment plans
Advice on potential cost recovery if your case is successful

For a detailed estimate, book a 45-minute initial consultation free of charge. This includes a case review and preliminary legal advice. Call us or fill out our form

We understand the urgency of criminal matters. In most cases, we can begin working on your defence within 24-48 hours of your initial consultation. We prioritize time-sensitive cases and can often provide immediate advice for urgent situations.

Even for seemingly minor offences, having legal representation can be crucial. Minor charges can have unexpected long-term consequences on your record, employment, and personal life. We can often help minimize these impacts or potentially have charges reduced or dismissed.

Yes, our experienced criminal defense lawyers are fully qualified to represent you in all Australian courts, from local magistrates’ courts to the High Court. We have a strong track record of courtroom advocacy and will vigorously defend your rights at every stage of the legal process.

The duration of a criminal case can vary widely depending on its complexity, the charges involved, and court schedules. During your consultation, we’ll provide an estimated timeline based on the specifics of your case and keep you informed of any changes throughout the process.

For more information or to schedule a consultation, call us 24/7 at 1800 117 533 or book an appointment online.