Know Where You Stand
With Your First Appointment
|

Separation Lawyers Melbourne

Our highly experienced Melbourne separation lawyers can expertly guide you through your separation, helping you understand your rights, negotiate fair settlements, and ensure your future is protected.

Book Your First Appointment

Start with an first appointment to know where you stand.

All Family Law Matters

We can help you with all aspects of family and relationship law.

Accredited Family Law Specialists

Work with a team of highly experienced, compassionate & professional family lawyers.

Book Your First Appointment

Awards & Memberships
Partner Logos Desktop

Supporting You Through The Separation Process With Expert Advice & Representation

If you are managing separation, working with a specialist family law firm is essential. Our lawyers provide the guidance and support you need to make informed decisions throughout your journey.

If you are facing a separation, Pearsons Lawyers can assist you every step of the way. We offer a first appointment to discuss your situation and desired outcomes.

"The thing about having over 39 years of experience in Family Law is that you do not panic. In a crisis you stay calm and remain courageous so that you do not lose focus on what is important, namely the clients’ needs." - Leanne Abela (Principal Director)

Need a Family Law Firm?

We Help Protect Your Rights

We Understand That Separation Can Be Emotionally Challenging

Our highly experienced separation lawyers are committed to providing clear, practical advice tailored to your unique circumstances.

We will work with you to protect your rights, assist with parenting arrangements, manage property settlements, and ensure your future is secure.

With our compassionate support and expert legal guidance, you’ll be equipped to make the best decisions for yourself and your family during this important time.

Contact Pearsons Lawyers today for a confidential consultation.

Know Where You Stand

Client Reviews & Testimonials

Margaret was very friendly & explained everything we needed to of doing our Wills
Susan Cremona
Susan C.
05:10 17 Feb 25
Margaret was very informative and did a great job.
Mia Calvo
Mia C.
05:04 13 Feb 25
Margaret was extremely helpful. Took the time to explain the ins and outs of everything that we didn’t understand. Leading the way, answering all questions that we had and completed the work in a professional manner. Couldn’t ask for a better solicitor. No hesitations in recommending her.
Veronica Jandula
Veronica J.
07:48 03 Feb 25
Margaret is so professional and a pleasure to work with.
Rosa Pangallo
Rosa P.
00:53 03 Feb 25
Thank you Margaret Stockdale, it was a pleasure and wonderful working with you. Your knowledge and quick responses made me feel very taken care of and I appreciate your time.
Lisa Colombo
Lisa C.
07:57 30 Jan 25
Excellent work, highly recommend
Brendan Chiller
Brendan C.
02:55 23 Jan 25
I am very grateful and happy with the assistance received by Pearsons. Margaret Stockdale has extremely professional, provided great advice and demonstrated genuine care and understanding whilst assisting my Mum and I.Most appreciated.Highly recommend.
Debbie Mazzotta
Debbie M.
05:35 16 Jan 25
Good. Well on top of their area of expertise.
frank manti
frank M.
06:59 25 Dec 24
Margaret was very helpful and prepared when organising the wills and power of attorney’s for myself and my partner. The process was straightforward and easily understood, and we feel confident having approached Pearsons for this service.
Xav Ryan
Xav R.
02:19 19 Dec 24
We couldn’t have asked for a better solicitor than Margaret to assist with organising our mother’s Will and Power of Attorney. Her professionalism, attention to detail, and genuine care made the entire process seamless and stress-free. Margaret took the time to explain every step clearly, ensuring that we fully understood and felt confident in the decisions being made. We are incredibly grateful for her guidance and highly recommend her to anyone in need of expert legal assistance.
Than Gotovac
Than G.
02:14 11 Dec 24
Margaret is lovely. She made me feel comfortable from the minute I met her. She explained things very well and checked that I understood. Very happy with the services.
Rubina White
Rubina W.
23:28 10 Dec 24
Professional. Helpful and very easy to deal with.
Luisa Modesti
Luisa M.
21:26 15 Feb 24
Pearsons Family Lawyers

Latest Articles on Divorce & Separation

What happens to the Pets when you Separate?

What happens to the Pets when you Separate?

When parties separate it is not unusual for clients to ask “who gets the family dog/cat/rabbit/bird etcetera”  Currently, the family pet is treated as property and not as a member of the family. In...

read more
Know Where You Stand

Frequently Asked Questions

Hidden FIeld

Your content goes here. Edit or remove this text inline or in the module Content settings. You can also style every aspect of this content in the module Design settings and even apply custom CSS to this text in the module Advanced settings.

What is the legal process for separation?

When facing separation, the process for family law matters typically starts with one or both parties of a married or de facto couple communicating that they wish to end the relationship. If you are married, divorce proceedings can be initiated after one year of separation. Parenting matters (child custody arrangements) are usually an early consideration after relationship breakdown, which can be addressed with a Parenting Plan or Consent Orders.

Once those are in place, property division usually comes next, although financial and childrens matters can be addressed at the same time – but every relationship is different. Whether you’re navigating amicable agreements or court proceedings, a skilled separation lawyer can guide you through each stage, ensuring your legal rights are protected and the process is as smooth as possible. The focus is always on achieving a fair, equitable resolution for you and your family.

What am I entitled to in a separation?

In a separation, you may be entitled to a property settlement, including assets, superannuation, and debts. Entitlements depend on the length and nature of the relationship, whether there are any children involved, and both parties’ financial and non-financial contributions, income, assets, and future needs. Our dedicated team of Melbourne family lawyers can help you to understand your options and responsibilities. We’ll provide the right legal advice to ensure you know what steps to take and how to obtain a fair and equitable outcome for your matter.

What should I not do during my separation in Australia?

Avoid making hasty decisions, such as moving out of the family home without consideration. Refrain from hiding assets, engaging in family violence, or involving children in disputes. Try to maintain good communication if possible, and allow both parents access to children when it is safe to do so. Seek legal advice to ensure your rights are protected during the separation process.

How do I deal with family violence?

If you’re experiencing family violence, legal avenues, such as family violence intervention orders, can help. You can also consider contacting support services such as 1800 Respect and working with a family lawyer who is experienced in family and domestic violence. Our family law team has extensive experience in this area and can assist in protecting your safety through legal orders, including personal safety intervention orders, and help you access counselling and other support.

How long do family law matters take to resolve?

The duration of family law matters varies depending on the difficulty of the factors involved. Simple matters may take a few months, while more complex disputes, such as property division and parenting matters, take longer. Family dispute resolution and court proceedings can extend timelines. If there are ongoing family law disputes, inability to reach an agreement, family violence or non-disclosure of financial information, this can significantly impact the duration of a matter being resolved.

What happens if we have a BFA in place and we seperate?

If you have a Binding Financial Agreement (BFA) in place and separate, the terms of the BFA typically govern how assets and liabilities are divided. However, you may still need legal advice if circumstances change or enforcement is needed.

What is spousal maintenance?

Spousal maintenance is financial support paid by one former partner to the other after separation or divorce. It is usually granted if one party cannot financially support themselves due to factors like disability, caring for children, or limited income. It can apply to both married and de facto couples, as well as in same sex realtionships.

How can a family lawyer help me in resolving family disputes?

Family lawyers provide legal representation, guidance, and negotiation skills to resolve disputes effectively. They assist in property settlements, parenting arrangements, and child support matters. Family law experts help you reach fair agreements, either through mediation or court proceedings.

How should I respond to an accusation of family violence?

Respond calmly and seek legal advice immediately. If the accusation is false, family lawyers can help you defend your case. If the accusation is true, it’s important to comply with court orders, such as intervention orders, and seek support services.

What if one of us wants to move and we have children together?

Moving with children requires consideration of their best interests, parenting arrangements, and court orders. You must seek the other party’s consent or a family court order to relocate. Legal advice is crucial to understanding your rights and obligations.

Why do I have to disclose my financial information to my ex?

Under the Family Law Act, both parties must fully disclose financial information during separation and property settlement proceedings. This ensures a fair and equitable financial settlement. Failure to disclose may affect the outcome of your case in court.

How can we avoid court after separation?

Avoiding court can be achieved through negotiation, mediation, or family dispute resolution (FDR). Seeking legal advice early can help you navigate disputes effectively. Family lawyers can assist in reaching agreements for Consent Orders for property settlements and parenting arrangements without the need for court proceedings.

What is financial abuse?

Financial abuse occurs when one party controls or manipulates another’s financial resources to exert power or control. This can include withholding money, forcing someone to sign a prenuptial agreement, preventing access to bank accounts, or forcing a partner to take on debt. Financial abuse is a form of domestic violence and should be addressed legally.

What is family mediation?

Family mediation is a process where a neutral third party helps separating couples resolve disputes. It’s often used to settle parenting arrangements, financial issues, and child support. Mediation helps avoid lengthy court proceedings and achieve an amicable, fair outcome.

How are child support disputes usually resolved?

Child support disputes are often resolved through the Child Support Agency’s Child Support Scheme. They have a child support assessment calculator, which many Australian families use to calculate child support. Private arrangements, such as a binding child support agreement, can also be used. Family law experts can assist in assessing child support payable and help negotiate or mediate agreements that work for both parents. If a dispute arises, it’s best to seek legal advice and speak to the Child Support Agency if you haven’t already done so.

How do you choose the right family lawyer for your case?

Choose a family lawyer with expertise in the relevant areas of family law, such as property settlements, child custody, and divorce. Look for experience in dealing with similar family law issues and a team who understands your specific needs.

What happens to my will after divorce or separation?

In Australia, under the Family Law Act, a divorce automatically revokes any will be made in favour of your former spouse unless the will states otherwise. It’s crucial to update your will post-separation to reflect your new wishes and beneficiaries.

How is super split in a separation?

In a separation, superannuation (super) is considered property and can be divided between both parties. The split can be done via a superannuation agreement or court order. For Self-Managed Superannuation Funds (SMSF), the split involves valuing the fund and following specific legal procedures to ensure the correct division.

How is a de facto relationship proved?

A de facto relationship can be proven by evidence of a shared life together for at least two years or if there is a child in the relationship. Factors such as living arrangements, financial contributions, and social acknowledgment are considered.

What languages can Pearsons Lawyers help me in?

At Pearsons Lawyers, we understand the importance of clear communication during your legal matters. To support you, our team of family lawyers Melbourne can assist in several languages, ensuring you receive the best possible service in your preferred language.

We can help you in:

  • Vietnamese (Tiếng Việt)

  • Korean (한국어)

  • Cantonese (粤语)

  • Mandarin (普通话)

  • Maltese (Malti)

  • Italian (Italiano)

  • Arabic (العربية)

This diverse linguistic support ensures that language barriers don’t prevent you from receiving the legal advice and assistance you need.

Pearsons Family Lawyers

Let’s Work Together

Step 1: Book Your First Appointment

Contact us today to arrange your first consultation completely of charge.

Step 2: Talk To An Expert

Discuss your situation with an expert and understand your options for moving forward.

Step 3: Know Where You Stand

Rest easy knowing your case is in expert hands and your next steps are clear.

Know Where You Stand

Book Your First Appointment

During your first appointment we will:

  • Discuss your circumstances.
  • Answer any questions about the divorce process.
  • Discuss your options.
  • Advise you of your entitlements.
  • Provide you with information about the cost of a divorce and separation.

Call our office or fill in the contact form to book your first appointment.

Office Hours

Monday to Friday 8:30am – 5:00pm
(Please note we are closed between 1-2pm)

> Office Locations

> Call 1300 699 688

Book Your First Appointment

Talk to our Separation Lawyers Today

Reach out to one of our experienced Melbourne separation lawyers today to learn how we can assist you.