Family Law · Melbourne

Frequently asked questions

Clear, plain-English answers about divorce, property, parenting and more. Still unsure? Book a free 30-minute phone consultation — in English or Spanish.

Who we are
Who is Fair Path Legal?

Fair Path Legal is a Melbourne family law firm with offices in Camberwell and Narre Warren, led by Principal Lawyer and Director Catalina Alvarez alongside lawyer Nicolas Blandon. Both are admitted to practise in Victoria and bring national and international experience across Europe, South America and Australia. The firm focuses exclusively on family law and estate planning, with a calm, practical, client-centred approach.

Do you have Spanish-speaking family lawyers in Melbourne?

Yes. Both Catalina Alvarez and Nicolas Blandon are fluent in English and Spanish, so you can discuss your family law matter in either language from first consultation to resolution — a real advantage for Melbourne’s Spanish-speaking and Latin American community who prefer to handle sensitive matters in their first language.

Where are your offices?

Fair Path Legal has two Melbourne offices: Camberwell (Suite 274, Level 1, Camberwell Place, 793 Burke Rd, Camberwell VIC 3124) and Narre Warren (Suite 308, Level 2, 66 Victor Cres, Narre Warren VIC 3805). We also offer phone and video consultations for clients who can’t attend in person.

Getting started

Consultations, Booking & Costs

Do you offer a free consultation?

Yes. Fair Path Legal offers a free 30-minute initial phone consultation that you can book online. It’s a no-pressure call to understand your situation, explain your options in plain English, and outline likely next steps and costs before you commit to anything.

How do I book an appointment?

Book your free 30-minute phone consultation online via our Book Online page, or call +61 3 5906 8050. If you decide to proceed after the call, in-person appointments are available at our Camberwell or Narre Warren office, as well as phone and video.

How much does a divorce lawyer cost in Australia?

Costs depend on whether matters are agreed or contested. An uncontested divorce application is often a fixed fee plus the court filing fee (around $1,100, with a reduced fee for eligible applicants), while property or parenting disputes are charged separately. We discuss costs transparently in your free phone consultation and provide a written costs agreement before any work begins, so there are no surprises.

Do you offer payment plans?

Yes. We offer payment plans to help spread the cost of your matter. For eligible property-related matters, we also partner with JustFund, a specialist family law finance provider: funds are paid directly to cover your legal costs, you make no repayments during your case, and you repay only once your matter settles — typically from your property settlement or refinance. Parenting-only matters generally aren’t eligible for JustFund, but payment plans may still be available.

Can I get a “no win, no fee” family lawyer?

No — “no win, no fee” and contingency fee arrangements are prohibited in family law matters in Australia. Instead, Fair Path Legal offers fixed fees for defined tasks, transparent billing, payment plans, and JustFund deferred funding for eligible property matters, so cost doesn’t have to be a barrier to getting advice.

Ending a marriage

Divorce

What are the steps to get divorced in Australia?

You must be separated for 12 months before applying, then lodge an Application for Divorce (sole or joint) through the Commonwealth Courts Portal, pay the filing fee, serve it if filing solely, and attend a brief hearing if required. The divorce order takes effect one month and one day later. We prepare and manage the application and filing for you, and explain how divorce differs from property and parenting matters, which are resolved separately.

How long does a divorce take in Australia?

You must first be separated for at least 12 months before you can apply. After filing, the application is usually heard within a few months and becomes final one month and one day after the order — so the minimum from separation is generally around 13–16 months. Property and parenting matters run on their own timelines.

Can I get divorced if we still live together?

Yes. You can be “separated under one roof” and still meet the 12-month separation requirement, but you’ll need to provide evidence the relationship has ended (for example, changes to finances, sleeping arrangements, and how you presented socially), often supported by an affidavit. We can advise on the evidence required and prepare the supporting material.

Dividing assets

Property Settlement

How is property divided after separation in Australia?

There is no automatic 50/50 split. Courts use a four-step approach: identify and value the asset pool (including superannuation), assess each party’s financial and non-financial contributions (including homemaking and parenting), consider future needs, and check the result is just and equitable. We help you map the full property pool and reach a fair, workable outcome by consent order or agreement.

Is there a time limit to claim a property settlement?

Yes. Married couples generally must apply within 12 months of the divorce becoming final; de facto couples within two years of separation. Applying outside these limits requires the court’s permission, so it’s best to get advice early.

What if I think my ex is hiding assets?

Both parties have a legal duty of full and frank financial disclosure. If you suspect hidden assets, options include formal disclosure requests, subpoenas, forensic accounting, and asking the court to draw inferences or set aside transactions designed to defeat a claim. We can help you identify gaps and pursue proper disclosure so the settlement reflects the true asset pool.

How does a property settlement work if a business is involved?

Business interests form part of the asset pool and usually need valuation by a forensic accountant, with attention to structure (company, trust, partnership), tax, and whether one party keeps the business and offsets value elsewhere. These matters are complex, and we work alongside accounting experts to protect your position.

Caring for your children

Children — Custody, Parenting & Support

How is child custody decided in Australia?

Decisions are based on the best interests of the child as the paramount consideration. Since reforms commenced in May 2024, the previous presumption of “equal shared parental responsibility” has been removed — there is no automatic right to equal time, and safety from harm and family violence is a primary factor. We help you build practical, child-focused care arrangements through a parenting plan or consent orders.

Do I have to try mediation before going to court over my children?

Usually yes. For most parenting disputes you must attempt Family Dispute Resolution (FDR) and obtain a Section 60I certificate before applying to court, with exemptions for family violence, urgency or risk to a child. We can advise whether an exemption applies and guide you through resolution before litigation where possible.

How does child support work in Australia?

Child support can be arranged through a Services Australia assessment (based on both parents’ incomes, care percentages and the costs of children) or by a private or binding agreement between parents. We explain how it’s calculated, help you make or review agreements, and support you if an arrangement feels unfair or needs changing.

Relationships outside marriage

De Facto & Same-Sex Relationships

Do de facto and same-sex couples have the same rights as married couples?

Largely yes. De facto and same-sex couples have substantially the same property and maintenance rights under the Family Law Act, provided they qualify — generally a relationship of at least two years, or shorter where there’s a child, a registered relationship, or significant contributions. The time limit to apply is two years from separation. We help you understand where you stand and resolve finances and parenting with clarity and respect.

Protecting your finances

Binding Financial Agreements

What is a Binding Financial Agreement (BFA)?

A BFA is a private agreement (sometimes called a “prenup” or “postnup”) that sets out how assets, finances and maintenance will be handled before, during, or after a relationship. To be binding, each party must receive independent legal advice and the agreement must meet strict legal requirements. We draft clear, considered agreements — and review ones you’ve been given — so they’re practical and hold up over time.

Cross-border matters

International Family Law

Can you help with international or cross-border family matters?

Yes. We advise on cross-border issues including international relocation, overseas parenting concerns, foreign marriages and divorces, jurisdiction questions, and matters touching more than one legal system (including the Hague Convention on child abduction). With lawyers experienced internationally and fluent in English and Spanish, we’re well placed to support families with ties to Latin America, Europe and beyond. These matters are often time-sensitive, so early advice matters.

Planning ahead

Wills & Estate Planning

Do I need a will, and what does Fair Path Legal offer?

A professionally drafted will ensures your assets pass according to your wishes, reduces stress and cost for your family, and lowers the risk of disputes; without one, you die “intestate” and the law decides who inherits. We offer fixed-price will packages for individuals and couples, plus enduring powers of attorney, testamentary trusts, guardianship advice, and planning for blended families and overseas assets. It’s wise to review your will after marriage, separation, divorce, children, or buying or selling major assets.

Support and safety

Family Violence

Can you help if there’s family violence involved?

Yes. Family violence is a primary consideration in parenting decisions and can affect property outcomes, and we support clients navigating these issues with care and confidentiality. If you are in immediate danger, call 000. For confidential 24/7 support, call 1800RESPECT (1800 737 732). In Victoria, protection is available through a Family Violence Intervention Order, and FDR/mediation exemptions apply where there’s violence.

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