Divorce Lawyer FAQs Serving Mount Eliza 

Lawyers by the Bay offers fixed-fee arrangements wherever possible, giving clients certainty about costs from the outset. The cost of a separation varies depending on whether property and parenting matters are agreed or require court involvement, as contested proceedings involve more time and legal work. Mount Eliza families can request a no-obligation discovery call to understand what fees may apply. Call Lawyers by the Bay on 03 8680 2549 or request a free quote online.

Several pathways may be available depending on how cooperative the parties are and the issues involved. Australia has a no-fault divorce system: the only ground is an irretrievable breakdown of the marriage, evidenced by 12 months of separation. Options include negotiated settlements, mediation, binding financial agreements, consent orders or, if an agreement cannot be reached, court proceedings. Lawyers by the Bay can advise Mount Eliza clients on the best pathway. Learn more on the divorce and separation page.

No. A divorce order and property or parenting settlements are separate legal processes. A divorce only legally ends the marriage; it does not divide assets or decide children's arrangements. However, once a divorce order is granted, parties generally have 12 months to commence court proceedings for property settlement or spousal maintenance. Seek early advice from a divorce lawyer to avoid missing deadlines. Visit the property settlement page and the parenting page for detail.

Mediation may suit parties who are willing to negotiate and wish to avoid the cost and delay of court. Under the Family Law Act 1975, separated parents generally must attempt family dispute resolution before applying for parenting orders. A mediator helps parties reach agreement, while a lawyer advises on rights, drafts binding consent orders and represents you if mediation fails or is unsuitable. Call 03 8680 2549 to discuss your options.

A parenting plan is a written, signed agreement between separated parents covering living arrangements, time with each parent, and key decisions for children. It is not enforceable as a court order, although a court must consider the most recent plan if a dispute is later brought before it. For certainty and enforceability, a parenting lawyer can convert agreed arrangements into binding consent orders. Lawyers by the Bay can help. See the family law lawyer page for more information.

The best interests of the child are the paramount consideration under the Family Law Act 1975. Courts consider factors including the child's need for safety, the benefit of meaningful relationships with both parents where safe, the child's views according to age and maturity, and the likely effect of changes to living arrangements. Lawyers by the Bay puts the child's wellbeing at the centre of its advice. Visit the family law page to learn more about parenting arrangements.

Yes. Making a will is strongly advisable for any adult who owns property, has savings or children, or wishes to direct how their estate is distributed. Without a valid will, an estate may be distributed under Victoria's laws of intestacy, so the courts effectively decide who receives what, potentially against your intentions. Lawyers by the Bay provides wills and estate planning services on the Mornington Peninsula. Explore the wills and estates page for more.

Yes. A qualified lawyer is advisable, given modern family complexity and how easily wills can be challenged in Victoria. A professionally prepared will reduces the risk of ambiguity, disputes, or a court finding the document invalid. Lawyers by the Bay prepares wills, powers of attorney and estate plans, ensuring proper signing, witnessing and storage. Call the team on 03 8680 2549 or visit the wills and estates page to arrange a consultation.

Yes, a will may need updating after significant life events. In Victoria, divorce may revoke certain provisions of an existing will, but separation alone does not. Marriage, the birth of a child, acquiring or disposing of significant assets, or changes in a beneficiary's or executor's circumstances can all make a will unsuitable. Lawyers by the Bay recommends clients on the Mornington Peninsula review their estate planning documents after any major life change.

In Victoria, only an "eligible person" under the Administration and Probate Act 1958 may challenge a will by bringing a family provision claim. Eligible persons include spouses and domestic partners, some former partners, children, registered caring partners, dependent grandchildren and financially dependent household members. A successful claim may lead the court to alter the estate's distribution. See the wills and estates page or call 03 8680 2549 to discuss a claim.