Family Lawyers for complex separations and significant assets.

Family law is the body of law governing relationships, separation, property division, and arrangements for children. In Australia, the Family Law Act 1975 (Cth) is the central piece of legislation, applied by the Federal Circuit and Family Court of Australia (FCFCOA).

A family lawyer advises clients through separation and divorce, negotiates and documents property and parenting arrangements, drafts agreements (such as Binding Financial Agreements), and represents clients in court when matters cannot be resolved by agreement. At Pentana Stanton, our family practice focuses on matters where the asset pool, structures or parenting arrangements require senior counsel, not high-volume work.

The most valuable time to engage a family lawyer is before final decisions are made: ideally at the point separation is being contemplated. Early advice protects strategic options on disclosure, asset protection, parenting arrangements and the timing of formal steps.

Engaging a senior lawyer early is particularly important when there are business interests, family trusts, an SMSF, or significant assets in the pool. The decisions taken in the first three weeks of a matter often shape the next two years of it.

Property division under the Family Law Act follows a structured four-step approach: identify and value the asset pool, assess each party's contributions (financial and non-financial, including homemaker and parent contributions), assess each party's future needs (income, age, health, care of children), and consider whether the proposed division is just and equitable in all the circumstances.

The result is rarely a 50/50 split by default. The actual percentage depends on the contributions and future-needs analysis. Most matters settle by negotiated agreement formalised through consent orders or a Binding Financial Agreement; some require court determination.

A Binding Financial Agreement (BFA) is a private agreement between parties that records how property and financial matters will be dealt with: before, during, or after a relationship. BFAs can be entered into pre-marriage, during cohabitation, on separation, or after divorce.

BFAs are particularly useful where one or both parties bring significant pre-existing assets, inherited wealth, or business equity into a relationship; where parties want to protect a family business or trust structure; or where parties want to formalise a settlement without going through the consent orders process. To be enforceable, BFAs must meet strict statutory requirements including independent legal advice and full financial disclosure, and many BFAs are later challenged where those requirements weren't met properly.

Business interests (including shareholdings in private companies, partnership interests, units in unit trusts, and family trust controlled positions) are property within the meaning of the Family Law Act. They are typically valued by an independent expert (a forensic accountant or business valuer) and form part of the asset pool that is divided.

The strategic questions, and where senior counsel adds the most value, are around how the business is treated: which spouse retains the business, what the buy-out structure looks like, how valuation date disputes are resolved, how shareholder agreements interact with Family Court orders, and how the business's continuity is preserved during the proceedings. Pentana Stanton's commercial practice sits across the hall, which makes a real difference in these matters. More on business-owner separations →

Family trusts in property settlements are one of the most contested areas of family law. Depending on the facts, a discretionary trust may be treated as part of the asset pool (where one spouse effectively controls the trust), as a "financial resource" of one party (where there is a realistic expectation of benefit), or as neither.

The leading authority is Kennon v Spry, and the analysis turns on questions of control, the trust deed, the history of distributions, and the practical reality of how the trust has been used. Trustees who restructure trusts during a separation should expect close scrutiny. Family Court orders can reach trust-held assets where the control test is met.

Family Dispute Resolution (FDR) is a structured mediation process, conducted by an accredited FDR Practitioner, designed to help separated couples reach agreement without going to court. For most parenting matters, parties must attempt FDR and obtain a section 60I certificate before they can file court proceedings (subject to limited exceptions, including urgency and family violence).

FDR is not required for property-only matters, but mediation, conciliation conferences and other resolution processes are commonly used in property matters as well. Choosing the right resolution pathway (FDR, private mediation, collaborative practice, or litigation) is a strategic decision, and it depends on the relationship dynamic, the assets at stake, and what the client actually needs to achieve.

Yes. Pentana Stanton acts for family law clients across Victoria from our Melbourne CBD and Dandenong offices, and by video conference where in-person attendance isn't practical. Family law is a national jurisdiction, so we can also act in matters with interstate or international elements.

We provide family legal services in both English and Chinese (中文). The bilingual capability is particularly relevant for clients with cross-border family matters, expat returns, and Chinese-speaking parties who want sensitive family advice delivered in their first language without translation overhead.