Family
Law
Experienced family lawyers in Werribee. Separation, divorce, property settlements, children's matters — handled with sensitivity, clarity, and resolve.
Family law in Australia is governed by the Family Law Act 1975. It covers separation, divorce, property division, and the care of children. You do not need to prove fault. Purcell and Purcell Pty Ltd has been advising Werribee families through these matters for decades — providing clear, honest counsel when it matters most.
Free initial consultation. We offer a free 30-minute initial consultation for all family law matters. Call (03) 9741 3777 or book online to get started.
Family law services
Divorce
Advice on your rights at separation, divorce applications to the Federal Circuit and Family Court, and guidance on property and children's arrangements. You can apply for divorce after 12 months of separation. Divorce and property settlement are separate processes — both require attention.
Divorce — full details →Property and Finance Matters
Division of property, superannuation, business interests, and debts following separation. No automatic 50/50 split — outcomes depend on contributions and future needs. Covers consent orders, binding financial agreements, superannuation splitting, de facto settlements, and complex asset structures. Time limits apply.
Property settlement — full details →Parenting Plans
A parenting plan records agreed arrangements for your children — where they live, time with each parent, holidays, and how major decisions are made. A well-drafted plan provides clarity, reduces conflict, and can be converted to a consent order if greater legal protection is needed.
Parenting plans — full details →Parenting Disputes
When parents cannot agree, the court can make parenting orders in the best interests of the children. Mediation is required first in most cases. We advise, prepare, and represent you — from pre-mediation advice through to contested proceedings and urgent applications.
Parenting disputes — full details →Mediation
Family dispute resolution is compulsory before most court applications for parenting orders, and strongly recommended for property disputes. We advise and support you through the mediation process and formalise any agreement reached as consent orders or a parenting plan.
Mediation — full details →Binding Financial Agreements
Pre-nuptial or post-separation agreements that formalise the division of assets. Both parties must receive independent legal advice. We draft and advise on BFAs for de facto relationships and marriages — including complex structures involving business interests and trusts.
Binding financial agreements — full details →Same-Sex Couples
Same-sex couples — married or de facto — have equal rights under Australian law. This includes property settlement, parenting orders, superannuation splitting, and estate planning. We provide inclusive advice for same-sex families across all areas of family law.
Same-sex couples — full details →De Facto Separation
De facto couples have the same property and parenting rights as married couples — but those rights have a strict 2-year time limit and do not apply automatically. The date of separation can itself be disputed. Get advice before the clock runs out.
De facto separation — full details →Honest advice.
From people who care.
Family law matters are rarely just legal problems. Separation affects your home, your finances, your children, and your sense of what comes next. We take that seriously.
Our approach is to give you clear, honest advice — no jargon, no false reassurance — so you can make informed decisions. Where agreement is possible, we pursue it. Where it is not, we advocate firmly on your behalf.
As Werribee's oldest law firm, we have guided Wyndham families through every kind of family law matter for generations. That experience shapes how we work: thoroughly, calmly, and always with your outcome in mind.
Family law FAQs
The first step is to get clear on your rights before making any agreements. Avoid signing anything — including informal financial arrangements — until you have spoken to a lawyer. Early advice helps you understand your entitlements around property, children, and support, and avoids mistakes that can be difficult to undo later. Call us on (03) 9741 3777 — same-day consultations are available.
De facto partners — including same-sex couples — have the same rights as married couples under the Family Law Act 1975. This includes property settlement, spousal maintenance, and parenting orders. A de facto relationship is generally recognised after two years of living together, or if there is a child of the relationship. Time limits apply for property claims — seek advice promptly after separation.
Yes. Since the Marriage Amendment Act 2017 and under the Family Law Act 1975, same-sex married and de facto couples have identical rights to opposite-sex couples in relation to property settlement, parenting orders, and spousal maintenance. We provide inclusive, confidential advice regardless of your relationship structure.
All decisions about children must be made in the best interests of the child — this is the primary consideration under the Family Law Act. Parents can agree on arrangements informally, through a parenting plan, or by applying for consent orders. If agreement cannot be reached, the court can make parenting orders. Mediation is generally required before applying to court.
A parenting plan is a written agreement between parents about arrangements for their children — where they live, how much time they spend with each parent, schooling, and communication. It is not enforceable by a court. For legally binding arrangements, you need consent orders (approved by the court) or parenting orders made by a judge. We recommend consent orders where possible to provide certainty for both parents.
You can apply for divorce after 12 months of separation. You do not need to prove fault — only that the marriage has broken down irretrievably. Once filed with the Federal Circuit and Family Court, applications typically take 3–4 months to be granted. Property and parenting matters are handled separately and do not need to wait for the divorce order.
Under the Family Law Act 1975, property is divided based on each party's financial and non-financial contributions, plus their future needs. There is no automatic 50/50 split. The court considers income, length of the relationship, care of children, and post-separation circumstances. Seeking legal advice early gives you a clear picture of your entitlements before you enter negotiations.
Generally no. A parent cannot relocate children interstate or overseas without the other parent's written consent or a court order. Taking children without consent may breach parenting orders and carry serious legal consequences — including the children being returned by court order. If this is a concern, seek urgent legal advice immediately.
Yes, in most cases. Before applying to the court for parenting orders, you are generally required to attempt family dispute resolution first — unless family violence or child abuse is involved. Mediation can also resolve property matters without the cost and stress of court proceedings. We can advise and represent you through the process.
Costs depend on the complexity of your matter. We are committed to providing experienced, quality legal advice at an affordable price and will always discuss fees upfront before proceeding. Call (03) 9741 3777 to arrange an initial consultation.
Bring photo ID and any documents relevant to your situation — financial statements, property records, existing agreements or court orders, correspondence from the other party, and details of any assets and debts. Don't worry if you don't have everything — the first consultation is about understanding your situation and giving you clear initial advice.
Yes. We are based at 4 Watton Street, Werribee and regularly act for clients across the Wyndham region — including Werribee, Wyndham Vale, Hoppers Crossing, Point Cook, Tarneit, Truganina, Manor Lakes, and Werribee South. We also assist clients in Lara, Little River, and Geelong. Call (03) 9741 3777 to discuss your matter.
Ready to talk?
Your first 30 minutes is free. Book an initial consultation with one of our family lawyers — same week appointments available.