Common Family Law And Divorce FAQs

The information supplied in the FAQs section is intended as a guide only.  It is not a substitute for proper informed legal advice. You should always consult a family lawyer before acting on any of these questions.

How To Get A Divorce In Victoria

  • In Australia, you can apply for a divorce within 12 months of separation.
  • You do not need to prove fault on the part of the person you are seeking to divorce.
  • If there are children under the age of 18 years, either one party or lawyer for the parties needs to attend the Court on the application to explain to the Court the arrangements in place for the children.

How Much Does A Divorce Cost?

Click here to read an explanation of what the cost of divorcing your partner will be and the factors that can change the basic costs.

What Are the Rules For Property Settlement?

When it comes to the way property is settled or divided in a divorce there are rules set out, however each separation is different. We have a many blog posts on property settlement, and this one discusses the potential of 50 / 50 settlements.

How Does A Court Divide Property?

There are many different factors which can all affect the way property is divided by a court during a divorce. Click the link to see an outline of the main rules which apply.

What Happens If My Partner Has Lost / Wasted Assets ?

The common cause of wanting to know what happens if a spouse has wasted assets is gambling. Here we explain what action a court may take in this case.

Can my spouse refuse a divorce application and what happens if this is the case?

If you want to get a divorce, you may be wondering if your spouse can refuse to accept a divorce application or not. Here we explain the procedure of what can happen if there is resistance to divorce procedures.

Is family violence relevant in property proceedings?

Violence can be a major contributor to divorce and many clients ask if and how family violence may effect property settlement.

How is Custody of Children Decided?

Child custody is often a major contributor to complications in divorce proceedings. If you are wondering how custody of children is decided in Victoria, the follow this link for more information.

What are the rules about custody (residence) and access (time spent)?

The official terms for custody and access are residence and time spent. The answers relating to child custody rules and access to children are available here.

What Are The Rules For Equal Or Shared Care Of Children

The choice of shared care of children is possible, but the rules for shared custody are very clear and must be understood and agreed to by both parties before a court will agree to equal shared care. You can read about them here.

How Is Spousal Maintenance Calculated

Many divorces require spousal maintenance to be paid from one partner to the other. Here is an explanation of how spousal maintenance is calculated.

family law questions in victoria

What our clients are saying about our family law service

I regularly refer my clients to Rowan Skinner and Asc when they need representation. My clients have consistently had excellent advice and successful outcomes through Rowan’s representation at Court and when negotiating settlements. These proven results in combination with Rowan’s personal ability to engage with a diverse range of people, ensures that I will continue to refer my clients who need a family lawyer in Melbourne.


Rowan represented me in the Magistrates Court and the County Court in relation to very serious charges. Rowan was thorough, professional and diligent in his preparation and responded appropriately to my needs. I was acquitted of all charges.


I run a commercial law practice and frequently refer clients to Rowan for assistance and advice with family law. Rowan is a family law specialist: this means he is independently verified as having required skills and clients can have confidence in his ability and ethical standards.

John Whelan

I have a Mortgage Broking business with a large number of clients who having varying needs. I have referred many clients who want an excellent Family Law Specialist to look after them during what are difficult times. I have even referred family members to Rowan as I know he will look after them compassionately and professionally. I have no hesitation in recommending him and his services.

Andrew Kostanksi

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