Purcell and Purcell

Legal fees vary depending on the complexity of your matter. Purcell and Purcell Pty Ltd is committed to providing experienced, quality legal advice at an affordable price. We offer transparent fee arrangements and will always discuss costs with you upfront before proceeding. Call (03) 9741 3777 to arrange an initial consultation.

Purcell and Purcell Pty Ltd is based at 4 Watton Street, Werribee and serves clients across the Wyndham and Geelong regions. We regularly act for clients in Werribee, Wyndham Vale, Hoppers Crossing, Point Cook, Tarneit, Truganina, Werribee South, Manor Lakes, and the broader Wyndham local government area. We also assist clients in Lara, Little River, and Geelong. If you are unsure whether we service your area, please call us on (03) 9741 3777 — in most cases we can help.

In Australia, you can apply for divorce after 12 months of separation. You do not need to prove fault — only that the relationship has broken down irretrievably. Once an application is filed, it typically takes 3–4 months to be granted by the Federal Circuit and Family Court. Property settlements and parenting arrangements are handled separately.

Property settlements in Victoria are handled separately from the divorce itself under the Family Law Act. There is no automatic 50/50 split — the court considers both parties' financial and non-financial contributions, as well as future needs. We recommend seeking legal advice early so you understand your entitlements before entering negotiations.

This is one of the most common and urgent questions we receive — and the answer is rarely straightforward. Moving children interstate without the other parent's consent is not strictly illegal in all circumstances, but it is generally viewed very unfavourably by the courts and can significantly damage a parent's position in any subsequent proceedings. If your ex has taken or is planning to take the children interstate, you need to act immediately — delays work against you. The right response depends entirely on your specific circumstances: whether there are existing parenting orders, the age of the children, the reasons given for the move, and the history of the parenting arrangement. No two cases are alike. Call us on (03) 9741 3777 for same-day advice if this is happening now.

A binding financial agreement (BFA) under the Family Law Act 1975 is a legal contract specifying how assets, property, and financial resources will be divided if a relationship ends. They can be entered into before, during, or after a relationship. Commonly known as a "pre-nup," they are also used to finalise property settlements after separation. Both parties must receive independent legal advice for the agreement to be binding.

Mediation (formally called Family Dispute Resolution) is a process where a neutral third party helps you and the other party reach an agreement without going to court. In Australia, attempting mediation is generally compulsory before applying to the Federal Circuit and Family Court for parenting orders — unless family violence or child abuse is involved. Purcell and Purcell Pty Ltd can represent or advise you through the mediation process.

You are not legally required to use a lawyer, but a professionally drafted Will ensures it is valid, properly witnessed, and unambiguous. Poorly drafted or informal Wills are a common cause of disputes and can lead to expensive litigation. Purcell and Purcell Pty Ltd can draft a Will tailored to your exact circumstances — including complex financial structures and blended families.

A Power of Attorney is a legal document authorising someone you trust to make financial and/or medical decisions on your behalf if you become unable to do so. It is an essential part of any estate plan. We recommend everyone over 18 consider having one in place — not just older Australians. Without one, your family may need to apply to the courts for authority to act, which is costly and slow.

In Victoria, a Power of Attorney must be created while the person still has legal capacity. There are three types: a General Power of Attorney (financial decisions only, lapses if capacity is lost), an Enduring Power of Attorney (financial decisions, continues even if capacity is lost), and a Medical Treatment Decision Maker appointment (authorises someone to make medical decisions on your behalf). A lawyer can prepare all three documents and explain the obligations of the person appointed. Contact us to arrange a consultation — these are among the most important documents your family can have in place.

Dying without a valid Will (known as dying intestate) means your estate is distributed according to the Administration and Probate Act 1958 (Vic) — which may not reflect your wishes. A spouse or domestic partner typically receives the estate first, but the rules become complex with children from different relationships or no immediate family. Legal advice is strongly recommended to avoid leaving this uncertainty for your loved ones.

Yes. In Victoria, eligible persons — including spouses, domestic partners, children, and in some cases stepchildren and carers — can make a family provision claim if they believe they have not been adequately provided for. There are strict time limits, typically 6 months from the grant of probate. Early legal advice is essential. Anthony Purcell has significant experience advising on and handling Will challenges.

These are three distinct but related services, each with a different purpose.

A Will records who receives your assets when you die. It is the foundation of any plan for your estate. Without one, the law decides how your estate is distributed — and it may not reflect your wishes.

Estate planning is broader. It covers your Will, but also powers of attorney (financial and medical), trusts, superannuation beneficiary nominations, and how your assets are structured to minimise tax and protect against disputes. It takes a complete view of your circumstances — not just what happens when you die, but what happens if you lose capacity.

Succession planning applies when you own a business, farming property, or have significant assets tied to an enterprise. It determines what happens to the business itself — who takes over, how ownership transitions, and how family members are treated equitably. It typically involves shareholder agreements, buy-sell arrangements, and trust structures alongside your Will.

If you are a business owner, you need both an estate plan and a succession plan. If you are not, estate planning — starting with a Will — is the right place to begin.