De Facto Lawyers Melbourne

Experienced Melbourne de facto lawyers helping you through separation, property and parenting matters with expertise, care and comprehensive support.

Decades Of Family Law Experience

With over 50 years of combined experience, our team, which includes Accredited Family Law Specialists, has a deep understanding of de facto relationship law.

Affordable Legal Support

We offer clear, upfront pricing and practical solutions tailored to your circumstances; no surprises, just informed legal guidance that respects your time and budget.

Focused On Your Future

We take care of every detail, ensuring your rights are protected and your outcomes support long-term stability in parenting, property, and financial matters.

Trusted Melbourne De Facto Lawyers Guiding You Through Separation

At Tonkin Legal, we provide dedicated legal support for individuals facing de facto relationship breakdown. With over 50 years of combined family law experience, our team offers clear, compassionate guidance through separation, property division, parenting arrangements and financial agreements.

Whether you’re ending a relationship or seeking clarity about your legal rights, our dedicated team will ensure your interests are protected and your path forward is well supported. You can rely on us for practical advice, careful planning and lasting peace of mind.

Guide To Separation

Gain clarity and confidence with our free guide to separation and divorce. Written by our experienced family lawyers, it answers common questions on parenting, property, safety, and legal rights in one simple guide.

Parenting & De Facto Separation

Making parenting arrangements after a de facto separation can be emotionally and legally challenging. Our experienced family lawyers are here to help you make informed decisions in your child’s best interests and reach practical agreements that work for everyone involved.

We assist with:

  • Parenting plans and court orders
  • Living arrangements and shared custody
  • Child support and financial contributions
  • Disputes around decision-making and communication
  • Urgent applications or family violence concerns

Our goal is to help you reduce conflict and create workable parenting solutions that support stability for your children.

Property & De Facto Separation

When a de facto relationship ends, dividing property and finances can quickly become complex. We offer trusted advice to help you understand your entitlements, protect your assets and reach a fair, lasting outcome with your financial settlement.

We can assist you with:

  • Identifying and valuing shared and individual assets
  • Superannuation splitting and financial disclosure
  • Negotiating property settlements or formalising agreements
  • Representing you in mediation or court proceedings
  • Drafting legally binding consent orders or financial agreements

With Tonkin Legal on your side, you’ll have the knowledge to make informed decisions throughout the separation process.

Focusing On Amicable De Facto Separations

Not every de facto separation needs to end in conflict. Many couples are able to part ways respectfully, aiming for a practical and fair resolution. At Tonkin Legal, we help you formalise your agreement with clear legal advice and tailored documentation.

Whether it’s sorting out property, parenting arrangements or financial matters, our goal is to support a smooth, cooperative transition that reflects your shared intentions and minimises stress.

Collaborative Approaches Through Negotiation & Mediation

We believe that resolving disputes outside of court is often the most efficient and least disruptive path forward. Our family law specialists are experienced in collaborative legal practice, helping clients reach fair outcomes through open negotiation and structured mediation.

We focus on reducing conflict while protecting your legal rights, guiding you through each step with calm, solution-focused support designed to keep control in your hands, rather than having your future decided in court, wherever possible.

Our Family Law Services

With decades of experience in Melbourne family law, we provide tailored legal solutions for separation, parenting, and property matters, guiding you through every step with clarity, care and practical support.

Parenting Arrangements

We will help you develop and formalise clear, practical parenting arrangements that reflect your child’s best interests and support long-term stability.

Property Settlement

We will assess, negotiate, and document a fair property division that protects your financial future and complies with legal requirements following separation.

Consent Orders

We will draft and file your Consent Orders with the court, turning your parenting or property agreement into a legally enforceable outcome.

Financial Agreements

We will prepare and review binding financial agreements tailored to your situation, ensuring your assets and intentions are legally protected.

Parenting Disputes

We will guide you through parenting disputes with care, offering legal support, negotiation, and representation to help achieve a child-focused resolution.

International Family Law

We will assist with cross-border family matters, including relocation, international parenting disputes, and recognition of overseas orders or agreements.

Binding Financial Agreements

We will advise on and prepare Binding Financial Agreements before, during, or after a de facto relationship, protecting your financial interests with legal clarity.

FDR & Mediation

We will represent and support you through Family Dispute Resolution and mediation, aiming for respectful, out-of-court agreements where possible.

Same-Sex Relationships

We will help you navigate parenting, property, and separation matters with sensitivity and up-to-date knowledge of the legal landscape for same-sex couples.

Domestic & Family Violence

We will help you take immediate legal steps to protect yourself and your children, including applying for safety measures and intervention orders.

Intervention Orders

We will prepare, lodge and represent you in applications for intervention orders, helping to ensure your safety through legally enforceable protections.

Get The Advice & Support You Need From Our Melbourne De Facto Lawyers

Whether you’re managing a de facto separation, parenting arrangements or property settlement, our team offers straightforward advice and compassionate guidance. We’re here to help you move forward with confidence and tailored legal support. Get in touch with our team today to find out more about how we can help you through this time.

Our Melbourne De Facto Lawyers

St John Heath

PARTNER – Accredited Specialist in Family Law

St John Heath is a Partner at Tonkin Legal Group and a leading Family Lawyer in Victoria. 

Richard Tonkin

Accredited Specialist in Family Law

Richard Tonkin is a Consultant Lawyer and one of Victoria’s most experienced and respected Family Lawyers.

PARTNER

Ruby Heath is a Partner at Tonkin Legal Group.

PARTNER

Charlie Robinson is a Partner at Tonkin Legal Group.

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Frequently Asked Questions

What is considered a de facto relationship in Australia?

Under the Family Law Act, a de facto relationship exists when two people (of any gender) live together on a genuine domestic basis but are not legally married. The court considers factors such as duration, financial dependence, a shared residence or family home, and how the relationship was presented to others.

Yes. De facto couples must apply for a property settlement within two years of legal separation. If this time limit passes, they must seek court permission. It’s essential to seek legal advice early to preserve your rights and achieve a fair and equitable outcome for your asset division and to avoid further property disputes.

There’s no fixed formula, but courts aim for a fair settlement by assessing contributions to the property pool and future needs. Getting advice from a specialist family law firm as early as possible will ensure you have strategic advice tailored to your circumstances. There are many considerations that you may not have thought about that a de facto property lawyer can assist you with, such as superannuation splitting, impacts of parenting roles, future needs and any factors such as financial abuse, family violence or hidden assets.

The best approach is to reach an agreement outside of court, ideally through a parenting plan or Consent Orders. These outline who children live with and who has decision-making responsibilities. For complex family law matters, including child protection concerns, you may need to go to court if an agreement cannot be reached otherwise. This may require specialist reports such as Family Court Reports or having an Independent Children’s Lawyer represent the child’s interests.

After separation, the Child Support Scheme, overseen by Services Australia, administers child support assessments based on income, care arrangements, and the number of children. It can be very confusing, even more so if income or care percentages change. Parents can also choose to enter a Limited or Binding Child Support agreement.

To ensure appropriate child support payments and minimise disputes, it’s best to seek advice from an experienced family law firm early on, to ensure you understand the financial and legal implications of child support.

You can apply for a Family Violence Intervention Order or a Personal Safety Intervention Order through the court. These protect against physical, emotional and psychological abuse. If you’re concerned about your safety or that of family members, a specialist family law firm can help you act quickly and protect your rights.

Many family law disputes can be resolved through negotiation or Family Dispute Resolution (FDR). Avoiding court reduces legal costs and stress. Engaging a specialist family law firm ensures your agreements are legally sound, and mediation often helps de facto couples achieve a fair and practical outcome without attending court.

Spousal maintenance is financial support paid by one former partner to the other if they cannot support themselves after separation. A spousal maintenance claim considers income, health and financial needs. Spousal maintenance is available for eligible people leaving marriages and de facto relationships. Please get in touch with our Melbourne De Facto Lawyers for advice on making or responding to a claim of this type.

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Book A Chat With Our Melbourne De Facto Lawyers Today

Separation can feel overwhelming, but you don’t have to manage it alone. Our Melbourne de facto lawyers are here to support you with clear advice and practical solutions. Book an appointment today and take the next step forward.