Practice Areas

Our Melbourne lawyers offer full service family law legal advice and representation, such as in the following areas:

Divorce

We can assist you to apply for divorce.

You are unable to legally marry again until you have finalised your divorce and, importantly, you generally have only one year from the date of divorce to apply to the court for financial and property orders arising out of the marriage.

Children’s matters

The paramount concern in parenting matters is what is best for the child or children in question. At Culshaw Miller Badenoch Lawyers, we represent clients in all manner of child-related matters including but not limited to:

  • Parenting plans and orders
  • Consent orders
  • Relocation
  • Recovery of children
  • Travel and passport applications
  • Family Law Watchlist applications
  • Grandparent applications
  • Matters of family violence, child abuse and neglect

Independent children’s lawyer work

Our Legal Practice Director, Rebecca Badenoch, is a qualified independent children’s lawyer (‘ICL’) who is appointed by the court to promote a child’s best interests. Parties can seek to appoint Rebecca privately as an ICL by agreement with the endorsement of the court.

Complex family law property settlements

Culshaw Miller Badenoch Lawyers can assist our clients to finalise their property settlement, being the division of their assets, liabilities and superannuation arising out of their relationship breakdown (whether married or de facto) so that they are not financially tied to their former partner and can move forward with life. This is often done by applying for consent orders (if parties agree) or obtaining court orders (if there is no agreement).

Binding financial agreements (including pre-nups)

Binding financial agreements are private contracts between parties which enable them to agree on how they want to deal with their assets, liabilities, superannuation and financial resources in the event of a separation. They can be entered at any time, including before marriage or before a relationship has properly commenced (often called a ‘pre-nup’), during the relationship or after it breaks down. They are a different way of formalising a property settlement to consent orders and do not require the endorsement of a court, which can allow for more creativity and flexibility in terms of resolution.

Child support

Our team can prepare binding child support agreements and also make applications to the court to change child support assessments in certain circumstances.

Spousal maintenance

Not to be confused with child support, spousal maintenance is a lump sum and/or periodic maintenance payment from one spouse or partner to the other for necessary living expenses. These are often built into property settlements, but can also be paid in the short-to-medium term pending settlement or in addition to settlement.

Insolvency issues in family law

Family law matters can be complex, especially when there is an added bankruptcy or insolvency element. Our team of family lawyers have experience with these issues (having represented trustees in bankruptcy as well as parties), and are well positioned to provide practical, cost-effective advice.

International and cross-jurisdictional family law

Whether it is a parenting or property matter that crosses borders, Culshaw Miller Badenoch Lawyers can still assist.

Hague Convention matters

Has your child been taken overseas or held there without your consent? There may be avenues available to you through the Hague Convention to apply for your child’s safe return.

Mediation and arbitration

We understand that litigation is often a last resort. In the first instance, our team will endeavour to take a conciliatory approach if appropriate in order to resolve matters amicably and at low cost. Mediation and arbitration are tried and tested methods of diffusing difficult situations, ventilating complex issues and engaging in fruitful negotiations to reach agreement or narrow issues in dispute. Rebecca Badenoch is a Nationally Accredited Mediator and Arbitrator and able to assist.

Collaborative law

Collaborative law, akin to mediation and arbitration, is a non-litigious alternative to going to court, and may be a way of resolving matters more quickly and amicably. Rebecca Badenoch is trained in collaborative law and can also assist you in that regard.

Contact Culshaw Miller Badenoch Lawyers today to book an initial consultation or make a general enquiry.