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Creating Parenting Plans As Newly Separated Parents

A Parenting Plan is a voluntary agreement between parents about how they will share parental responsibility and make decisions for their children.

Child Support

Accredited Law Specialist St John Heath talks about the different options available including formal, informal and government arrangements.

What is estate planning, and how can it help me protect my children’s inheritance?

What are Consent Orders, and Will I Need To Get Them After Divorce or Separation?

Consent orders are legal documents approved by a court that formalise agreements reached between you and your ex-partner after a relationship breakdown.

Property & Conveyancing

When you buy a house, you want an experienced, supportive conveyancing lawyer behind you. Find out about our property conveyancing services here.

Challenging a Will

Administering an estate

Estate Planning

Powers of Attorney

Preparing a Will

Defending an Intervention Order

Our team of family lawyers can help people who have been served with an intervention order and offer advice and information to improve understanding.

Dealing with family violence

We help anyone experiencing family violence & have a supportive family law team to provide you with the advice you need to protect yourself and your family

Fixed fee pre-separation advice

As experienced divorce lawyers, we offer our clients pre-separation advice to help protect the best interests of everyone involved. Find out more online

Finalising your divorce

Tonkin Law can help you in the process of finalising your divorce. Call us today to speak with one of our experienced divorce lawyers, confidentially.

FAMILY LAW: IMPORTANT CONSIDERATIONS IF YOU ARE GOING THROUGH A SEPARATION

Accredited Family Law Specialist, St.John Heath, discusses the important things that you should be thinking about, during this difficult time.

Pre-nuptial agreements

Get your pre-nuptial agreement drafted by Tonkin Law. This is a very important document and you should seek experts in pre-nuptial agreement law to draft it

Negotiating separation

Tonkin Law has team of experienced divorce lawyers who can help couples in the process of negotiating separation while protecting everyone's best interests

FAMILY LAW: DO I NEED A LAWYER?

I am separating from my partner, do I need a lawyer? Find out in Episode #2 of Tonkin Legal Group's Podcast Series.

FAMILY LAW: CHANGING A CHILD’S NAME

There are many reasons why parents may wish to change their child's name. What is the process and what happens if the parents don't agree?

WILLS & ESTATES: DISENTITLING CONDUCT

Part IV of the Administration and Probate Act allows for eligible people to make a claim against a deceased estate.

Grant of Probate

Tonkin Partner Charlie Robinson discusses when a Grant of Probate is required, and how to obtain one in Victoria, as well as Part IV Claims.

A Helpful Guide to Successfully Navigating Separation and Divorce

Are you in the process of separating or divorcing? Our free guide to navigating separation and divorce is here to answer your questions!

Key Changes to Land Tax in Victoria in 2024

The Victorian Government has updated the Sale of Land Act 1962 with a new rule (Section 10G) that affects property sales. Here’s what you need to know...

Understanding the Legal Aspects of Surrogacy

Understanding the legal aspects surrounding surrogacy and gestational agreements is crucial for all parties involved.

Estate Planning for Blended Families Legal Considerations

Estate planning is a critical process that addresses the distribution of assets and assists in safeguarding the wishes of loved ones after their passing.

Parental Alienation – Recognising and Addressing the Signs

Feeling alienated from a parent can have profound and lasting effects on children, causing emotional distress and impacting their overall well-being.

Same-Sex Relationships and Family Law in Victoria

Same-sex marriage and family rights have evolved significantly in recent years, particularly in Victoria, Australia.

Digital Estate Planning Victoria: Safeguarding Online Assets

Digital estate planning is about ensuring that your online assets are handled according to your wishes after you're gone.

Victorian Government Homebuyer Fund

The Victorian government introduced the fund in October 2021 to assist first time buyers to own their own home.

Windfall Gains Tax

A new tax, called the ‘windfall gains tax’ (WGT), applies to most land in Victoria that is rezoned after 1 July 2023. The WGT is specific to Victoria.

What Are the Benefits of Out-of-Court Family Law Settlements

In the family law arena, parties seeking a resolution to their disputes are encouraged to make genuine efforts to negotiate 'out-of-court' settlements.

Joint Tenancy & Tenants in Common – What is the difference?

Purchasing property with another person is a big decision. So, you must make sure you own the property correctly.

Spousal Maintenance

What is it, and who needs to pay it? How is it paid, and how long for? Accredited Law Specialist St John Heath sheds some light on how it is assessed.

How to Take Care of Yourself After Marriage Breakdown

Going through a divorce or separation after a marriage breaks down can be one of the most difficult things we can experience.

At What Age Can A Child Choose Which Parent To Live With?

The weight given to a child’s wishes when it comes to their care arrangements is a complex issue and depends on the individual circumstances.

Navigating Parenting Arrangement Disputes

Parenting arrangements can be a challenging aspect of a separation or divorce, especially when both partners cannot reach an agreement.

What happens if I die without a Will?

It’s not something many people like to think about, but dying without a valid Will can have a significant impact on those left behind.

Vaccinations

Ruby Heath talks about vaccination disputes between parents, as well as the best interests of a child and the power the court has in these situations.

Duty of Disclosure

Charlie Robinson discusses Duty of Disclosure in relation to Parenting & Financial matters and what can happen if someone doesn’t provide full disclosure.

Family Violence

Family Lawyer, Cassandra Rush, explains what family violence is, the different definitions and dynamics, and most importantly, how to get help.

Property Settlement

Tonkin Lawyer, Cassandra Rush talks about crystallising the asset pool, and which assets and liabilities are accounted for during a property settlement.

Parenting

Learn about parenting agreements, co-parenting, shared parental responsibility and consent orders, to help you navigate parenting matters after separating.

Mediation

Richard Tonkin discusses government, private and law firm mediation, the decision making process and how decisions are formalised.

Divorce

Find out what is needed to apply for a divorce with Accredited Family Law Specialist, Richard Tonkin.

Financial Agreements

St John Heath, Partner at Tonkin Legal and an Accredited Law Specialist shares some helpful facts about the types of agreements available.

Adult Child Maintenance

In some cases, child support extends into adult child maintenance. Accredited Law Specialist St John Heath discusses adult child maintenance.

Tips for managing high-conflict co-parenting

In an ideal world, co-parenting would be harmonious, but the reality is this doesn’t happen for everyone.

Why do I need a Power of Attorney?

Power of Attorney is essential to organise when we are well enough to make this decision. Ruby Heath discusses why, and what happens if it’s left too late.

What is an Executor?

Learn how to choose an Executor, what to consider if you are elected an Executor, and the responsibilities that come with the role.

What happens if I die without a Will?

Not having a Will can cause confusion and even court battles. We explain how this decision can affect those close to you, and where your assets may end up.

Contesting a Will

Contesting a Will is sometimes necessary. Charlie Robinson discusses who can contest a Will, time limits that apply, and how Part IV Claims are assessed.

Why make a Will?

Shane Williams talks about choosing an Executor, trusts and special arrangements for beneficiaries, as well as choosing a guardian for your children.

What is a prenuptial agreement and should I consider one?

A prenuptial agreement is a contract between two parties in an intimate relationship, usually made before or during a marriage or de-facto relationship.

When can a parent withhold a child from the other parent?

Learn more about circumstances when a parent can withhold a child from the other parent

If you are a parent and your child has been taken by your ex

We outline the steps a parent can take in line with Australian law, to recover a child who has been unilaterally removed or has failed to be returned.

Everything you need to know about Duty of Disclosure

We explain what is Duty of Disclosure, and what documents are typically required to be disclosed in financial disputes and parenting disputes.

The impact of same sex marriage reforms on Wills

Same sex couples may need to revise any Wills prepared prior to 2017 same sex marriage reforms to ensure their spouses are legally recognised in their Wills

How to Apply for Divorce in Australia

We discuss eligibility for a Divorce in Australia, and then if you are eligible, the steps involved in gaining a Divorce.

Free resources to help you navigate separation

Tonkin Legal Group has put together 3 free on-demand webinars to help you understand the legal, financial & practical implications of separation & divorce.

What is a Family Law Financial Agreement?

Learn about the types of Family Law Financial Agreements available and if they would be applicable to your situation.

Separated parents and children at Christmas

Christmas holidays are a stressful time for separated families and children. How can you work cooperatively to benefit your children in this situation?

Transferring/Gifting Property or Money to Family Members

If you wish to gift property or cash, it is extremely important to obtain legal advice to protect those gifts in the event of a relationship breakdown.

Some useful information about Wills

Need to prepare a Will? In this post we explain some of the relevant terms used in preparing a Will and the process involved in it.

What can you do to help eliminate violence against women?

Many women are not safe from gendered violence in their own homes. This post looks at the National Plan to end the epidemic of violence against women.

Disagree on arrangements for children over Christmas break?

Options on what to do if you can't agree on arrangements for the children over the Christmas holidays.

What is a Joint Application for Divorce?

A Joint Application for Divorce is where both parties together apply to the Federal Circuit and Family Court of Australia that their marriage be ended.

Leaving little or uneven money to your children in your will

This blog post discusses the lessons learned from a challenge to a Will which was mounted by children after the bulk of the estate was left to a second wife

What are my rights when separating from my husband?

The Family Law Act assists woman in obtaining resolution with property settlement matters, divorce, family violence, spousal maintenance and child support.

What is a separation agreement and when do I need one?

A separation agreement is an informal agreement written between a separating couple. We explain how you can document your agreement in a legally binding way

My partner has been diagnosed with a terminal illness

Your partner has just been diagnosed with a terminal illness - we discuss what you need to do to ensure you can look after them from a legal perspective.

What to do before buying a property at auction

Four things we strongly recommend you should do before buying a property at auction.

Spousal Maintenance

If a relationship breaks down, a court may order one partner to pay the other Spousal Maintenance, an amount to reduce the financial pressures of separation

Is my partner is hiding assets from our property settlement?

When a relationship breaks down, a loss of trust can lead to the parties not trusting each other when negotiating a property settlement.

Cashflow for a Surviving Spouse

Surviving spouses are often placed in difficult financial situations due to the requirement of cash. We offer some simple solutions to avoid this.

10 Signs That You Are In An Abusive Relationship

We explore 10 examples of abusive behaviour and the signs to look for in identifying whether these relate to you or somebody that you may care about.

What to do if your child refuses to see you after separation

In this post we give several options to consider if the other parent says your child is refusing to see you after separation.

What happens to my inheritance if my partner and I separate?

If you are going through a separation with your partner, it is important to know how an inheritance could impact the division of your assets.

The Importance of having a Legal Property Settlement

Using a case study we show the two ways of achieving a legally binding Family Law property settlement and explain why it is so important to have one.

Can I change my child’s surname after relationship breakdown

This post discusses when a relationship breaks down, are you able to change the surname of a child from that relationship?

How Does Changing My Marital Status Affect My Will?

We explain what happens to a Will you already have when you marry or divorce and why it is important to review your Will if your situation changes.

3 Interesting Property Cases Decided By The Family Courts

In this post we examine three recent property cases that have been decided by the Family Courts.

Can I get my marriage annulled (instead of divorced)?

What is the difference between a divorce and an annulment?

Are you happy with your negotiated property settlement?

This post explains what you can do if you are not happy with the property settlement that has been negotiated.

What to do if you’ve been asked to be an executor of a Will?

An executor’s job is to carry out the terms of the deceased’s Will. We explain what is required of you, as an executor of a Will.

Has your spouse refused to negotiate property settlement?

In this post we address the options available to you when your spouse refuses to negotiate property settlement.

Welcome to our new Family Lawyer

Welcome to our new Family Lawyer Cassandra Rush

5 Ways To Make Separating From Your Partner Easier

If you are contemplating separation, there are various things you should consider in order to make this process less stressful and confronting.

What questions should I ask my family lawyer?

In this post, Richard Tonkin shares the answers to questions our clients ask our family law team about separation.

Widow’s Claim for More from Estate Fails

This post discusses a recent case of a contested will that shows that that just because an estate is large, doesn’t mean a challenge will be successful.

What to do when you disagree who gets an asset on separation

When separating from your partner, you will have to negotiate the division of your assets. If you can’t agree, then you may require intervention.

What happens with a Self-Managed Super Fund on Separation?

If you have a Self-Managed Super Fund and are embarking on a family law property settlement there is an added level of complication which must be considered

How to assess/calculate future needs when dividing assets

This post explains what kinds of "future needs" the courts look at when assessing how to divide assets upon separation.

Are assets divided 50/50 when a relationship breaks down?

This post addresses the question "are assets divided 50/50 when a relationship breaks down" and gives examples of situations that may affect this outcome.

When should a child’s time with a parent be suspended?

We discuss situations where it may be reasonable to suspend a child's time with a parent and give options to solve these problems before they become issues.

What if my ex doesn’t comply with agreed child arrangements?

We explain the options available when an ex-partner does not comply with agreed arrangements for the children.

What happens if you want to relocate with the children

We give advice on what you need to consider if you or your ex are planning to relocate residence with the children.

5 ways to get Agreement on Parenting matters

In this post we give advice on how to come to a mutual agreement regarding the arrangements for the care of your children following a separation.

Managing finances when you first separate from your partner

This blog post gives advice on how to manage the family finances whilst separating from your partner.

Who should move out when a relationship breaks down?

We examine the different options that are available when a relationship breaks down and a couple are separating to decide who should move out of the home.