Family Lawyers Melbourne
We’ll Take Care of You
Highly experienced Family Lawyers in Melbourne, dedicated to resolving your matter with integrity and efficiency.
Committed To Excellence
Integrity Based Outcomes
Your Needs Come First
Our Melbourne family lawyers are committed to keeping your family out of court.
At Testart Family Lawyers, we encourage resolutions to be reached through mediation, dispute resolution and healthy negotiations wherever possible. If your matter can only be resolved through court, you’ll have peace of mind knowing that our team has exceptional insight and experience when it comes to courtroom litigation.
Free Appointment
Family Law Matters Handled with Integrity
If you are navigating legal issues after a family breakdown, our Melbourne team of family lawyers are here to guide you through. We know it can be emotionally draining, which is why we are committed to giving your matter the care and attention it deserves.
We provide holistic guidance focused on resolution, avoiding conflict laden pathways that add stress to your situation. You’ll have the confidence to make informed and legally sound decisions, with extensive expertise behind you to negotiate a fair and just outcome.
We’ll Take Care Of Every Detail Of Your Family Law Matter
With the right guidance and support, most family law matters can be negotiated to an amicable resolution, without a drawn out court process taking place. This is why we empower our clients with the information they need to make the best choices for their family, ensuring every important detail is taken care of.
Using Mediation & Alternative Dispute Resolution whenever possible, we prioritise your wellbeing and protect your best interests, while working to achieve a positive outcome on your behalf. Our aim is to see your matter effectively resolved, so you can confidently move forward with your life, focusing on what matters most to you.
Areas of Practice
At Testart Family Lawyers Melbourne, our team offers a unique blend of expertise and empathy in every family law case we handle. We comprehend the complexities of family matters and aim to reduce your stress levels while achieving positive outcomes on your behalf.
Your wellbeing is paramount to us, from our first consultation to your final resolution. Reach out today for a complimentary appointment and let us support you and your family during a challenging time.
Divorce & Separation
De Facto Couples
Children & Custody
Binding Financial Agreements
Property Settlement
Family Violence
Intervention Orders
Same Sex Divorce
You’ll Have Our Experience Behind You, No Matter How Complicated Things Are
As much as we’d like to see every family law matter resolved efficiently and without litigation, we know that sometimes it’s unavoidable. High-conflict parenting disputes and complex property splits may end up in the courtroom, and if a court process is initiated, it can be extremely stressful for both parties involved.
Working with Testart Family Lawyers comes with the peace of mind that we’ll do everything in our power to keep you and your family out of court. If your matter does end up in court though, our firm is led by Marc Testart – a highly accomplished ex-barrister, with extensive courtroom experience.
Meet Your Family Lawyer, Marc Testart
As the Principal Family Lawyer (Solicitor) at Melbourne’s Testart Family Lawyers , Marc Testart brings a wealth of experience to his role. With a background as a barrister, he has extensive expertise in courtroom advocacy, having participated in numerous contested family law trials and appellate court proceedings.
Through his work, Marc gained invaluable insights into the challenges and difficulties that clients encounter within the realm of family law. In contrast to many family law solicitors with very little or no courtroom exposure, Marc’s firsthand awareness in this area has ensured he can navigate complex legal proceedings with confidence and proficiency.
How To Work With Testart Family Lawyers
Let Testart Family Lawyers guide you to resolving your family law matter with dignity and integrity. Get in touch with us today to book your first consultation – free.
Step 1: Book Your Free Appointment
Schedule your free consultation through the booking form below.
Step 2: Get a Plan of Action
We’ll discuss your situation and create a plan of action to suit your needs.
Step 3: Engage Us As Your Guide
If we are a good fit – engage our trusted team to guide you through.
Book Your Free Appointment
Call Us
Address
Malvern VIC 3144
Open Hours - By Appointment
Mon - Fri: 9am - 5pm
Closed Sat - Sun
What our clients have to say
Our latest family law articles
The Legal Implications Of Separation Under One Roof
Going through a breakup is undoubtedly an emotionally challenging experience, especially when financial and parenting disagreements come into play. The situation becomes even more complicated when...
Dealing With Divorce or Separation? Here Are Some Practical Steps to Take
Separation, whether in marriage or a de facto relationship, can present emotional challenges and overwhelming feelings. In such difficult times, it is crucial to understand practical steps to...
Aitken & Aitken [2023] FedCFamC1A 69: A Full Court’s Examination of Binding Orders and ‘Buy Out’ Appeals
Introduction In a recent family law case, Aitken & Aitken [2023] FedCFamC1A 69, the Full Court considered the role of the court in drafting binding orders and examined an appeal against a 'buy...
Frequently Asked Questions
Do all family law matters have to go to Family Court?
No, not at all. Almost all family law matters can be resolved outside of court. Not only does this generally come with significant cost savings, but it also allows parties to negotiate in a less formal setting, reducing the stress involved for many people.
Only a small percentage of family law proceedings are resolved by a court determination with family court lawyers – the vast majority are settled outside of the formal court process.
What are my alternatives to going to court during a divorce or separation?
Legal professionals use a number of methods to reach agreement between parties after a marriage or significant relationship ends. Almost all matters arising after a relationship breakdown, from financial settlement to family law disputes, can be resolved through mediation, collaborative law or family dispute resolution. These methods are done away from the courtroom, in private spaces, with experienced mediators or dispute resolution specialists. Compared to litigation (going to court), these avenues are far less expensive (in most cases) and offer a more flexible way to resolve your matters.
A specialist, nationally accredited mediator may be a lawyer, or someone with relevant skills and training who has become a practitioner in this area. ADR (Alternative Dispute Resolution) and FDR practitioners are trained to be fair and impartial and work between two parties to reach a middle ground. Reaching a fair and equitable outcome in this way is absolutely possible, and the Federal Circuit and Family Court of Australia requires – in most cases – that a Certificate of Mediation is presented prior to an application for a court hearing.
What happens if I want to do mediation and my ex-partner doesn’t?
In Australia, an attempt to resolve family law matters via mediation is generally required before lodging an application for the matter to go to court. This means that both parties are expected to attend mediation (either in person or possibly by video conference) to see if they can reach an agreement.
If you and your ex-partner get along well (or can put your differences aside to come to an agreement), everything from financial settlements, parenting arrangements and child support payments can be worked out in this manner. If you have invited your ex-partner to attend mediation and they decline, you will receive a Certificate of Non-Attendance, which you can present with your Court application.
Can I keep the lawyers out of this?
You can! It is perfectly reasonable to try to save on legal costs. Getting a lawyer and going to court is expensive. If you can reach a clear informal agreement with your ex-partner, you may be able to ‘simply divide and walk away.’ This is especially the case where there is little property to divide, and each party can support themselves without needing spousal maintenance or social security.
But there are risks. A good lawyer should be able to save you much more money than you spend on them. One significant risk is that informal agreements generally cannot stop someone from turning around and taking you to Court later. This may end up costing you thousands of dollars extra down the track.
At Testart Family Lawyers, we offer a free initial consultation to assess your legal issues and formulate a brief ‘action plan.’ Then, we can determine whether we can provide you with real value for money. It is then your decision whether or not you want to engage us to represent you.
Do I need to hire a family court lawyer, or can I represent myself in family court?
Yes, you can represent yourself in family court in Australia but in most cases, it is not advisable to do so, because family law is quite a complex area. If your ex-partner has a skilled legal representative and you are self-representing, it’s quite likely that you will be at a disadvantage.
While you may save money in the short term by not hiring a family lawyer, you risk not giving yourself the best chance to achieve the desired outcome. There’s often a lot at stake in family court proceedings, and in most cases, the risks of self-representation outweigh any short-term benefits. If financial issues are the cause of your choice to self-represent, you may be able to seek legal advice or be represented through Legal Aid or other litigation funding options offered by family law firms.
If you need a family court lawyer in Melbourne, please contact our team to find out how we can help.
How long do Family Court hearings take?
Most family court hearings are settled within a year of proceeding. You may only be in the actual courtroom for a few hours, but due to the significant backlog of Australian family courts, there may be considerable time gaps between the first and final hearings. However, there is no standard time for hearings; some are known to take 2-3 years. Please speak to one of our family lawyers in Melbourne to understand what to expect with your specific case.
What is the benefit of getting family law advice?
We’re often asked if I really need family law advice? Our answer is often the same. While you may not technically be required to have a lawyer, it’s often the most sensible option. Getting specialist family law advice will give you insights into your best course of action, strategies of approach and a better idea of what is and isn’t possible.
You may save money right now by not seeking expert legal advice, but this could cost you money and time in the long run if you cannot reach the outcome you want. It may also mean that you are placed in a situation in which you respond without understanding the implications, such as taking a smaller settlement than is possible or losing the chance to spend valuable time with your children.
As a specialist family law firm, our family and divorce lawyers will:
Ensure you reach the best possible resolution for you and your children when deciding on parenting arrangements.
Help you create enforceable, fair, binding financial agreements during a relationship.
Ensure you get what you’re entitled to during divorce and property settlement.
Help you move forward safely and securely with the full protection of the law when family violence occurs, or relationships break down.
Family disputes and relationship breakdowns can be incredibly difficult. We’re here to provide honest, expert advice to help make the process easier and ensure you reach a fair, stress-free resolution.
What matters can a family lawyer help me with?
A family lawyer helps with most matters relating to relationship law – such as marriages, de facto relationships and parenting matters. Family law services do not cover family disputes unrelated to these areas, such as two adult siblings in a financial dispute.
Family law practitioners provide the following legal services:
- Divorce and separation matters
- De facto relationship breakdown and same-sex or LGBTIQ+ relationship breakdown
- Parenting arrangements, including parenting plans, parenting orders and parenting disputes
- Relocation matters
- Property settlement and financial settlements
- Complex property splitting, such as self-managed superannuation funds or where business interests are present
- Prenuptial agreements and binding financial agreements
- Family Violence Intervention Orders (FVIO), and matters relating to family and domestic violence
- Contravention applications
- Spousal maintenance and child support matters, including creating a binding child support agreement, disputes over child support payable and child support assessment.
- Children’s matters, in which an Independent Children’s Lawyer may be required
- Adoption, kinship and surrogacy matters
- Hague Convention applications
Family law services cover a wide range of matters, and there are lots of different types of specialisations in the field. It’s best to discuss your needs with an experienced family lawyer to see if they’ll be a good fit for your needs during your family law journey.
How do I find a good family lawyer?
Choosing a family lawyer can be a big decision, with the power to impact your family and financial future significantly. As with anyone you consider working with, it’s imperative to do some research before choosing your legal team. Ask around, look at online reviews and take some time to think about your needs. Also, remember that the best family lawyers for you may be different from those who have been great for someone else.
For example, you may have a complex business to split and need someone with solid skills in this area. You may be dealing with family violence intervention orders and wish to work with someone with a special interest in this area. Experienced family lawyers can help across a broad range of areas, so if you are dealing with a minor family law dispute or simply getting Consent Orders formalised, selecting a family lawyer won’t require as much research.
Getting the right legal advice, as is feeling comfortable with your family solicitor or family law specialist, is vital.
I want my lawyer to win my case for me. Can you win my case?
This is a very difficult question to answer because we often have old ideas about what it means to ‘win’ and ‘lose’. Family law can often challenge these concepts, and be a humbling reminder that compromise is sometimes necessary. Nobody really wins when a relationship ends, and if both parties want to keep the house and the kids full-time, neither person is likely to come away ‘winning’. It is stressful and traumatic for everybody, especially when there are children involved. If children are involved, prioritising the best interests of your children should be your first objective.
It is reasonable to want to get the best possible outcome, whether that be a set amount of money in a property settlement or spending a fair amount of quality time with your children. At Testart Family Lawyers, we will strive to get you that result.
When a relationship breaks down, we often see it as a battle with our ex-partner. As such, we want to ‘beat’ them or ‘defeat’ them, which usually ends up in long, expensive court battles – and incredible amounts of extra stress at an already difficult time.
Family law in Australia, however, does not so much deal with ‘victory’ or ‘defeat’. It deals with ideas such as ‘justice’, ‘equity’ and what is in the children’s best interests. Sometimes, it makes more sense to see ‘winning’ and ‘losing’ in the context of having realistic expectations. If we get a better result than expected, we feel like we have won.
If we get a worse result than expected, we feel like we have lost. Sometimes, lawyers make promises they cannot keep, and their clients feel lost when things do not work out. Our family law specialists will honestly assess your case, including its weaknesses. In the long run, we have found this is the best approach for our clients. In this way, we can help you to win.
In our experience, family law litigation is a much less painful process if we can let go of outdated thinking of ‘winning’ and ‘losing’ – and focus on moving forward in the best possible way. And sometimes a ‘win’ to you may have profound effects on others involved – such as a child losing a meaningful relationship with one parent or having financial ramifications for the other party that have a flow-on effect for any children involved.
What are the new changes to the Family Law Act?
In May 2024, there will be significant changes to the Family Law Act, the most extensive legislative shifts in recent decades, which can be viewed here. Whilst they have not officially started, the new laws will affect how many family law cases are managed.
Some of the areas where changes will occur include:
- Changes in the way that family and domestic violence matters are handled in family law cases
- The presumption of equal shared parental responsibility
- The introduction of cultural protections for Indigenous & Torres Strait Islander children’s matters
- Considerations of the impact of gambling on financial settlements
- Changes to parental relocation guidelines
- Prioritising effective resolutions for family law issues
- New criteria for making changes to existing parenting orders
If you would like to learn more about these changes and how they may affect your family law matter, it’s worth chatting with an accredited family law practitioner or family law specialists.
At Testart Family Lawyers, we strive to get you the best possible result. At your free initial consultation, we will assess the strengths and weakness of your matter, give you an idea of what it will cost to move forward and help you develop a strategy for getting the best outcome. To schedule an appointment with one of our family lawyers in Melbourne, please call us at 03 9039 3364 or email marctestart@testartfamilylawyers.com.au.