Family Lawyers in Ringwood

Family law matters arrive at difficult moments. Holt & Macdonald, continuing through Parke Lawyers from the longstanding Ringwood office, advises individuals and families on the full range of family law issues — divorce and separation, arrangements for children, division of assets and the financial agreements that often follow.

The approach is measured: clear advice on the law as it applies to your circumstances, realistic options, and outcomes negotiated where possible. Court is one path among several, and rarely the first.

Separation is the starting point in Australian family law. Divorce is a separate, formal step that ends the marriage itself — it does not by itself decide parenting or property questions.

We assist with the practical questions that follow separation: when to apply for divorce, how separation is established (including separation under one roof), and how to coordinate the divorce application with parenting and property arrangements so nothing is left untended.

Arrangements for children should reflect their best interests. We help parents settle workable arrangements covering where children live, time spent with each parent, schooling, holidays and major long-term decisions.

Where agreement is reached, arrangements can be recorded in a parenting plan or made binding through consent orders. Where genuine dispute remains, family dispute resolution is normally the next step, and where necessary we act in proceedings in the Federal Circuit and Family Court of Australia.

Property settlement is the division of assets, liabilities and superannuation between separated partners. It applies to married couples and to de facto relationships that meet the relevant criteria.

The process follows a familiar framework: identify and value the asset pool, assess the contributions of each party, consider the future needs of each, and arrive at a division that is just and equitable. We advise on disclosure, valuation, superannuation splitting, and the form in which any settlement should be recorded — typically consent orders or a binding financial agreement.

Where one party cannot adequately support themselves after separation and the other has the capacity to assist, spousal maintenance may be payable. The same principles apply to eligible de facto relationships.

We advise on threshold eligibility, the way income and reasonable expenses are assessed, and the practical options — periodic payments, lump sums, or maintenance built into a broader property settlement.

A binding financial agreement (BFA) is a private contract under the Family Law Act dealing with property, financial resources and spousal maintenance. BFAs can be made before, during or after a relationship.

For a BFA to be binding, strict statutory requirements must be met, including independent legal advice for each party. We prepare and advise on BFAs for clients entering relationships, contemplating separation, or finalising arrangements after separation.

Divorce applications are made to the Federal Circuit and Family Court of Australia. Applications may be sole or joint. Where there are children of the marriage under eighteen, the court must be satisfied that proper arrangements have been made for them before divorce will be granted.

We prepare and file divorce applications, advise on service where appropriate, and attend the hearing where required.

Family law has firm time limits that are easy to miss:

• Twelve months and one day of separation is generally required before you can apply for divorce.
• Property settlement and spousal maintenance after divorce must generally be commenced within twelve months of the divorce order taking effect.
• For de facto relationships, financial proceedings must generally be commenced within two years of the end of the relationship.

Out-of-time applications require leave of the court and are not assured. Early advice is the safest course.

Most family law matters are resolved without a contested hearing. Family dispute resolution, negotiation between solicitors, mediation and arbitration are routinely used to reach durable outcomes at lower cost and on quicker timelines than litigation.

Our preference is to settle where it is safe and sensible to do so, while preparing matters with the rigour required if proceedings cannot be avoided.

Holt & Macdonald has practised in Ringwood for many years and now continues through Parke Lawyers from the same Maroondah Highway office. Family law clients are advised by experienced practitioners with a measured, longstanding approach to dispute resolution.

Appointments are by arrangement at 281 Maroondah Highway, Ringwood, with a complementary Parke Lawyers presence on Collins Street in Melbourne's CBD.

The practice acts for family law clients across Ringwood, Maroondah, Mitcham, Heathmont, Croydon, Blackburn, Vermont, Wantirna and the wider eastern suburbs, and through Parke Lawyers in Melbourne's CBD.