MELBOURNE FAMILY AND DIVORCE LAWYERS
Going through a separation or divorce is never easy. It is often an emotional and complex time, filled with uncertainty and important decisions that can affect your future.
Ramsden Family Law focuses solely on family and divorce law, helping clients with separation, parenting and child arrangements, property settlements, and family violence matters.
BOOK YOUR FREE 30 MINUTE CONSULT WITH A FAMILY LAW EXPERT
Our experienced Melbourne family and divorce lawyers are here to guide you. Partner Michelangelo Benedetti is a Law Institute of Victoria Accredited Family Law Specialist who provides trusted legal advice tailored to your specific circumstances. Helping you to understand your rights, entitlements, and options from the beginning.
We provide a free, 30-minute initial consultation, giving you the confidence to move forward.
PRACTICE AREAS
HOW WE CAN HELP
As one of the top Melbourne family law firms, we have accredited family law specialists on our team who are dedicated to providing expert guidance and support, ensuring that your rights are protected, and your best interests are served throughout the legal process.
DIVORCE
We aim to make the divorce process as simple as possible by offering fixed fee applications from $800 plus GST, to reduce stress, expense and time.
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CHILDREN & PARENTING
If you and your ex-partner cannot agree on the care arrangements for children, it is crucial that a decision is a decision must be made quickly.
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PROPERTY DIVISION
If you are separating or thinking about it, it is important to get legal advice on dividing assets, debts, and superannuation.
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SAME SEX RELATIONSHIPS
Under the Family Law Act same-sex and heterosexual couples have the same entitlements under the law, including the right to marry.
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MEDIATION
In family law, mediation and dispute resolution are often the first step. Helping both parties talk through their separation with professional guidance.
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FAMILY COURT REPRESENTATION
Going to court is a last resort. However, if you need assistance with court representation, our lawyers are dedicated to getting you results.
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DOMESTIC VIOLENCE
If you suspect that you and/or your children may be victims of violence, we are here to offer immediate advice to help reduce risk and protect your family.
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WHAT TO EXPECT AT YOUR INITIAL CONSULTATION
Your initial consultation with one of our experienced Melbourne family lawyers is completely confidential and can be done by phone, video chat, or in person, whichever is most convenient for you.
This initial consultation will usually take around 30 minutes. During that time, we will identify your concerns, discuss your desired outcomes, give you advice about how the process generally works, explain what you can expect, and provide an outline of your likely costs.
Our family lawyers are highly experienced at getting to the heart of your matter and clearly explaining your options in simple terms. By the end of your consultation, you will understand the next steps in your matter, what issues need attention, and the best way to deal with them.
Contact us now to arrange your free, no-obligation consultation with a Melbourne family lawyer.
Pay At The End with JustFund
Separation can be financially stressful, and that pressure can delay getting the legal help you need.
That is why we offer a Pay at the End option in partnership with JustFund. JustFund provides flexible funding for eligible family law clients, with no upfront costs.
If approved, you can access a flexible line of credit to cover things such as your legal fees (including your barrister), mediator fees, expert fees (such as valuers), and related expenses to the separation. Repayments are not required until you reach a settlement.
Contact us today to find out more regarding payment options with JustFund.
APPLYING FOR A DIVORCE IN MELBOURNE
Ending a marriage is stressful enough without legal uncertainty on top of it. Our team provides you with clear advice specific to your circumstances, so you know exactly where you stand.
To be eligible for a divorce, you must have been separated for 12 months or more and the marriage must have broken down with no reasonable chance of reconciliation. Many couples separate but continue living in the same home, which is permitted. In that case, the Court will expect supporting evidence, typically affidavits, showing that the relationship has genuinely ended.
Where there are children under 18, the Court needs to be satisfied that suitable arrangements have been made for their care, welfare and financial support. These arrangements need not be final. Once your divorce takes effect, you have 12 months to file for property orders or spousal maintenance.
Because we handle divorce applications on a fixed fee basis, Melbourne clients searching for affordable family lawyers know the cost upfront, with no surprises.
PARENTING ARRANGEMENTS AND CHILD CUSTODY
Once you and your former partner agree on arrangements for your children, there are two ways to document that agreement:
A parenting plan is an informal written agreement, signed and dated by both parents. It can cover where the children live, how much time they spend with each parent, schooling, health care and other matters affecting their wellbeing. Parenting plans are flexible and easy to update as your children grow, but they cannot be legally enforced.
Consent orders turn your agreement into orders made by the Court. Both parties sign the paperwork, an application is filed, and once the Court approves it the orders are legally binding and enforceable. This gives both parents, and the children, greater certainty.
Child custody matters, now more commonly called parenting matters, follow these same pathways. Under the Family Law Act, the best interests of the child are always the paramount consideration.
Our Melbourne family lawyers help parents weigh up which option fits their situation and prepare the documents correctly from the outset.
PROPERTY SETTLEMENTS
A property settlement divides the assets and debts of a separating married or de facto couple in a way that is final and legally enforceable. The outcome must be “just and equitable” for both parties.
The process starts by identifying everything in the asset pool, including property, savings, debts, superannuation and other financial resources. The Court then considers whether it is just and equitable to make any order at all, assesses each party’s financial and non-financial contributions (such as homemaking and parenting), and takes into account future needs like age, health, earning capacity and care of children. Only then is the pool divided.
There are two ways to make your property agreement binding:
- Consent Orders
- Financial Agreement
A financial agreement (often called a binding financial agreement) is a private contract between you and your partner covering how your assets, debts and financial resources will be split. It does not require Court approval, but strict legal requirements apply, including independent legal advice for each party. Financial agreements can be entered into before a relationship begins (commonly known as a prenup), during the relationship, or after separation.
DE FACTO AND SAME SEX RELATIONSHIPS
Since marriage equality became law in Australia in December 2017, same-sex couples can marry and have the same legal rights and obligations as any other married couple. Same-sex parents of children born through IVF or other assisted reproductive treatment, or through surrogacy or adoption, can also be recognised as the child’s legal parents.
A de facto relationship is one where two people, of the same or different sex, live together as a couple on a genuine domestic basis without being married. Separating de facto partners can generally access the same property and parenting regime as married couples if the relationship lasted at least two years, if there is a child of the relationship, or if the relationship was registered. In Victoria, couples can register their relationship on the Relationships Register maintained by Births, Deaths and Marriages Victoria. Where a relationship is harder to prove, the Court will look at a range of factors, such as shared finances, living arrangements and how the couple presented themselves publicly.
MEDIATION & COURT REPRESENTATION
Mediation is often the most cost-effective way to resolve a family law dispute. A qualified, independent mediator works with both parties to reach agreement without the need for litigation. For parenting disputes, you will usually need to attempt family dispute resolution before you can file an application in Court.
If mediation does not resolve the matter, you can keep negotiating or commence proceedings in the Federal Circuit and Family Court of Australia, where a judge will make the final decision. Court proceedings involve filing documents and attending hearings, so having a lawyer represent you is strongly recommended. Parties can still settle at any stage of the proceedings, but the Court must be informed of any agreement reached.
FAMILY VIOLENCE
If you are experiencing family violence, our family lawyers can advise you on the legal protections available to you and your children. In Victoria, the Magistrates’ Court can make a Family Violence Intervention Order (FVIO), which restricts the other person from behaviour such as threatening, harassing, stalking or contacting you. Breaching an intervention order is a criminal offence.
Family violence is also a key factor in parenting matters. When deciding arrangements for children, the Court must consider any history of family violence and the need to protect children from harm. In some cases this may lead to one parent being given sole decision-making responsibility.
Family violence can also be taken into account when the Court decides how property is divided after separation.
If you or your children are in immediate danger, call 000.
Reece Ramsden
Partner and Accredited Specialist in Family Law. Reece advises on parenting, property, domestic violence, surrogacy, financial agreements, and spousal maintenance with a collaborative approach.
Michelangelo Benedetti
Michelangelo Benedetti is a Partner and an Accredited Specialist in Family Law with over a decade of experience resolving complex family law disputes through innovative solutions and client focused representation.
Our experienced Melbourne family and divorce lawyers offer trusted legal advice across all areas of family law, including divorce, parenting and children’s matters, property settlements, same-sex and de facto relationships, mediation and dispute resolution, family court representation, domestic violence matters, and more.
MEET OUR TEAM
OUR LAWYERS
With 19 experienced family lawyers, including 9 Law Society Accredited Specialists, Ramsden Family Law is recognised as a leading family law firm.
Nicholle Ferns
Nicholle Ferns is a dedicated and approachable family lawyer with broad experience in family law. She is experienced across a range of family law matters, with strength in property and parenting disputes.
Chris Giannaros
Chris Giannaros is a family lawyer focusing on complex financial disputes and high conflict parenting, delivering clear, practical advice.
WHERE DO I START?
1. INITIAL CONSULTATION
Your journey begins with a free 30-minute consultation where we listen to your story, understand your situation, and outline possible legal paths.
2. STRATEGIC PLANNING
We tailor a legal strategy that aligns with your goals, considering all available avenues, from mediation to court representation.
3. REPRESENTATION & SUPPORT
Our dedicated team will represent and support you throughout your legal proceedings, ensuring your voice is heard and your rights are protected.
4. RESOLUTION & CLOSURE
We strive for a resolution that serves your best interests, aiming for outcomes that provide closure and a foundation for your future.
CLIENT REVIEWS
FREQUENTLY ASKED QUESTIONS
OUR FEES
We understand the financial strain that legal proceedings can bring. That is why we focus on working with you by:
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Offering fixed fees for certain tasks
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Working within your budget
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Providing affordable legal services
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Explaining our fees in detail during your free consultation with a family lawyer
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Giving you the option to pay at the end
PRIOR TO YOUR CONSULT WITH A FAMILY LAWYER
Once a support team member confirms a suitable time for your consultation with one of our experienced Melbourne family lawyers, we will send you a short questionnaire.
This helps us understand your situation and gather key details so we can provide detailed advice during your consultation.
WHAT HAPPENS AFTER MY INITIAL CONSULTATION
After you have your initial consultation with a family lawyer, we will provide you with a summary of what your fees will be. We can offer fixed fee pricing on certain tasks, such as divorce applications, and other payment options.
If you have concerns about potential legal fees or have a specific budget, we can craft a plan moving forward that can accommodate you.
NO OBLIGATION
We offer a free 30-minute initial consultation with no obligation to retain our service.
SPEAK WITH OUR MELBOURNE FAMILY LAWYERS TODAY
Whether you’re after a family law solicitor Melbourne clients trust, or you are weighing up the family legal services Melbourne has to offer, book your free 30-minute consultation with us. However difficult your situation, our family lawyers Melbourne team has the experience to guide you through it.
