Legal insights

Plain-English guides to Victorian law.

General information on family law, intervention orders, child protection, criminal defence and wills and estates — written by the Freemont Family Lawyers team. Not legal advice.

Modern Melbourne family home exterior — property settlement and divorce lawyers

Family Law 7 min read

How the Family Home Is Divided in a Melbourne Property Settlement

For most separating couples in Melbourne, the family home is the largest single asset in the property pool. How it is dealt with can shape your financial future for years to come. This article explains how the family home is treated in a Victorian property settlement, what your options are, and what the law considers. It is general information only and is not a substitute for legal advice tailored to your circumstances.

Melbourne business office interior — protecting business assets in a separation

Family Law 8 min read

Protecting Your Business in a Separation: What Melbourne Owners Need to Know

If you own a business — whether a company, a partnership, a sole trader operation, or a professional practice — and your relationship is ending, one of your first questions is likely: what happens to my business? This is one of the most complex and consequential issues in family law property settlement. This article explains how business interests are treated in a Melbourne property settlement in general terms. It is general information only and is not legal advice.

Financial documents and legal paperwork — family trust property settlement in Victoria

Family Law 7 min read

Family Trusts and Property Settlement in Victoria

Family trusts — formally known as discretionary trusts — are a common structure for holding wealth in Melbourne and across Victoria, particularly among business owners, professionals, and families with significant assets. When a relationship breaks down, the question of how the trust is treated in a property settlement is one of the most complex in family law. This article explains the key issues in general terms. It is general information only and is not legal advice.

Victorian rural farmland at sunrise — farms and rural property in a family law settlement

Family Law 7 min read

Farms and Rural Property in a Family Law Settlement

For farming families in Victoria, the prospect of a property settlement can feel existential — the farm is not just an asset, it is a livelihood, a legacy, and often a multi-generational business. When a relationship breaks down and the farm is the primary asset, the stakes could not be higher. This article explains how farms and rural properties are treated in a family law settlement in general terms. It is general information only and is not legal advice.

Investment portfolio and superannuation statements — SMSF and super splitting in a Melbourne divorce settlement

Family Law 7 min read

Superannuation and SMSFs in a Divorce Settlement

Superannuation is often one of the largest assets in a separating couple's property pool — sometimes larger than the family home. Understanding how super is treated in a property settlement, and what additional complexity arises with self-managed super funds (SMSFs), is essential for anyone going through a separation with significant superannuation savings. This article explains the key concepts in general terms. It is general information only and is not legal advice.

Legal scales and law books — 2025 Family Law Act changes affecting property settlement in Victoria

Family Law 7 min read

Property Settlement in Victoria: What the 2025 Family Law Act Changes Mean for You

Family law in Australia is not static — Parliament periodically amends the Family Law Act 1975 (Cth) to reflect changing community standards, court practice, and policy priorities. The most significant recent amendments, which came into effect in 2025, introduced changes to the property settlement framework that affect how courts approach the division of assets after separation. This article explains the key changes in general terms. It is general information only and is not legal advice. We recommend speaking with a family lawyer about how these changes apply to your specific circumstances.

How to Apply for Divorce in Victoria: A Step-by-Step Guide

Family Law 7 min read

How to Apply for Divorce in Victoria: A Step-by-Step Guide

Applying for a divorce in Australia is a legal process governed by the Family Law Act 1975 (Cth). Understanding the steps involved — from establishing that you've been separated for 12 months through to the divorce order becoming final — helps you approach the process with confidence. This article is general information only and is not a substitute for legal advice tailored to your circumstances.

The 4-Step Property Settlement Process Explained

Family Law 8 min read

The 4-Step Property Settlement Process Explained

Dividing property after separation is one of the most consequential steps in a family law matter. The law does not automatically divide assets 50/50 — instead, the Family Law Act 1975 (Cth) sets out a four-step process that takes into account both past contributions and future needs. This article explains how that process works in general terms. It is general information only and is not legal advice.

Served With an Intervention Order in Melbourne? Your Options Explained

Intervention Orders 7 min read

Served With an Intervention Order in Melbourne? Your Options Explained

Being served with an intervention order application — whether a Family Violence Intervention Order (FVIO) or a Personal Safety Intervention Order (PSIO) — is a serious legal event that demands your immediate attention. The interim order that is usually served with the application is already in force. Breaching it is a criminal offence, even if you disagree with the allegations. This article explains your options in general terms. It is general information only and is not a substitute for legal advice.

FVIO vs PSIO: Which Intervention Order Applies to You?

Intervention Orders 6 min read

FVIO vs PSIO: Which Intervention Order Applies to You?

Victoria has two types of intervention order designed to protect people from different types of threatening or harmful behaviour. Understanding which type applies to your situation is the first step — whether you are seeking protection or have been served with an application. This article explains the difference in general terms. It is general information only and is not legal advice.

DFFH Is Involved With My Family: What Happens at the Children's Court?

Child Protection 8 min read

DFFH Is Involved With My Family: What Happens at the Children's Court?

If the Department of Families, Fairness and Housing (DFFH) has contacted you, conducted an investigation into your family, or made an application to the Children's Court, you are facing one of the most serious legal situations a parent can encounter. Acting quickly and getting the right legal advice early can make a significant difference to the outcome. This article explains the general process. It is general information only.

Your Rights as a Parent in Child Protection Proceedings in Victoria

Child Protection 7 min read

Your Rights as a Parent in Child Protection Proceedings in Victoria

Child protection proceedings can feel overwhelming — DFFH has significant powers and the stakes are as high as they get. But parents have genuine and important legal rights throughout the process. Understanding those rights — and how to exercise them effectively — is the foundation of a strong response. This article is general information only and is not legal advice.

Going to Melbourne Magistrates' Court: What to Expect

Criminal Defence 6 min read

Going to Melbourne Magistrates' Court: What to Expect

The Melbourne Magistrates' Court at 233 William Street is one of the busiest courts in Victoria, hearing criminal, civil and intervention order matters from across metropolitan Melbourne. Whether you are appearing as a defendant, an intervention order applicant, or a respondent, knowing what to expect on the day reduces anxiety and helps you prepare. This article is general information only and is not legal advice.

Charged With a Drink Driving Offence in Victoria? Read This First

Criminal Defence 7 min read

Charged With a Drink Driving Offence in Victoria? Read This First

A drink driving charge in Victoria is a serious matter. Beyond the potential fine, it carries mandatory licence suspension or cancellation, and — for many offences — a requirement to install an alcohol interlock device before you can drive again. Getting legal advice before your first court appearance gives you the best chance of the best outcome. This article is general information only and is not legal advice.

How to Apply for Probate in Victoria

Wills & Estates 7 min read

How to Apply for Probate in Victoria

When a person dies leaving a Will, the executor named in the Will may need to apply to the Supreme Court of Victoria for a Grant of Probate. Probate is the process by which the court confirms the validity of the Will and the authority of the executor to administer the estate. Understanding when probate is required, and how to obtain it, is an important part of the estate administration process. This article is general information only.

Contesting a Will in Victoria: Part IV Family Provision Claims Explained

Wills & Estates 8 min read

Contesting a Will in Victoria: Part IV Family Provision Claims Explained

Being left out of a Will — or receiving less than you expected — can feel profoundly unfair, particularly if you were dependent on the deceased or had a close relationship with them. In Victoria, the Administration and Probate Act 1958 (Vic) provides a mechanism for eligible persons to apply to the court for adequate provision from an estate. This is known as a Part IV family provision claim. This article explains the key concepts in general terms. It is general information only and is not legal advice.

All articles are general information only and do not constitute legal advice. For advice tailored to your circumstances, contact Freemont Family Lawyers on 1800 976 214 or book a free assessment.

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