Common questions, plain answers.

For married couples, generally 12 months from the date the divorce order takes effect. For de facto couples, generally 2 years from separation. Missing these deadlines may mean losing your right to claim. Seek advice promptly. This is general information only.

Not necessarily. Many families resolve parenting arrangements through direct agreement or family dispute resolution (mediation). Court is generally a last resort. However, if safety is a concern, urgent court orders can be sought. This is general information only.

You must have been separated from your spouse for at least 12 continuous months before you can apply for a divorce order in Australia. Separation under one roof is possible but requires evidence. This is general information only.

Yes. Superannuation is treated as property and can be split between parties as part of a settlement. A formal superannuation splitting order is required. This is general information only.

Possibly. Spousal maintenance requires you to demonstrate both need — that you cannot adequately support yourself — and your former partner's capacity to pay. It is not automatic and must be applied for. This is general information only.

A Family Violence Intervention Order (FVIO) protects against violence or abuse by a family member. A Personal Safety Intervention Order (PSIO) protects against harassment or harm by someone who is not a family member, such as a neighbour or colleague. Both are heard at the Magistrates' Court. This is general information only.

In urgent situations, an interim order can be granted on the same day, sometimes without the other party being present. Police can also apply on your behalf. This is general information only.

No. An intervention order itself is a civil order. However, breaching an intervention order is a criminal offence and can result in criminal charges and a criminal record. This is general information only.

This depends on the circumstances and consequences — including the impact on employment, firearms and family law proceedings. You should always seek legal advice before deciding how to respond to an intervention order application. This is general information only.

Seek legal advice before participating in any formal interview or signing any documents. You have a right to a lawyer. Acting quickly and getting the right advice early can make a significant difference to how your matter proceeds. This is general information only.

It is the specialist Victorian court that hears child protection applications made by DFFH. It is different from the Federal Circuit and Family Court, which handles family law disputes between separated parents. This is general information only.

The court can make supervision orders (child remains home with oversight), family preservation orders, care by Secretary orders, and long-term care orders — depending on the assessed level of risk. This is general information only.

We assist with bail applications, pleas and summary matters heard at the Melbourne Magistrates' Court — including assault, drug offences, traffic matters, property offences and intervention order breaches. This is general information only.

This depends on the evidence, the charge and your personal circumstances. A guilty plea at an early stage is generally treated more favourably by courts. We give you an honest assessment of your options before you decide. This is general information only.

A criminal charge — particularly one involving violence or an intervention order breach — can affect parenting proceedings and interim parenting orders. Having your criminal and family lawyers aligned is important. We handle both at Freemont. This is general information only.

Your estate is distributed according to the intestacy rules in the Administration and Probate Act 1958 (Vic) — a fixed formula based on family relationships that may not reflect your wishes, particularly for blended families or de facto relationships. This is general information only.

Probate is generally required when the deceased held real property in their own name or held significant financial accounts. Banks and share registries typically require a Grant of Probate before releasing assets. This is general information only.

Generally 6 months from the date the Grant of Probate or Letters of Administration is issued. The court can extend time in limited circumstances, but you should act immediately if you believe you have a claim. This is general information only.

It authorises a person you choose to make financial or medical decisions on your behalf if you lose mental capacity. Unlike a general power of attorney, it continues — or becomes effective — if you lose capacity. This is general information only.