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When Should You Talk to a Family Lawyer? It's Earlier Than You Think

Mon, 04 May 2026 00:16:33 GMT

Most people only call a family lawyer when they're already in crisis. By the time the appointment is booked, decisions have often already been made, conversations have already been had, and steps have been taken that may be hard to undo.

The truth is, talking to a family lawyer earlier - even before you're sure you need one - can make a significant difference to the outcome.

What Does "Dying Intestate" Mean?

Dying intestate simply means dying without a valid will. It can happen because:

You never made a will in the first place
Your will was never properly signed or witnessed
Your will was lost or destroyed and can't be located
Your will was revoked (for example, by getting married after making it)
The will is challenged and ruled invalid

In any of these situations, your estate is distributed according to the Administration and Probate Act 1958 (Vic) - a fixed formula that doesn't account for your wishes, your relationships, or what you would have wanted.

Who Inherits Under Victorian Intestacy Rules?

The order of priority depends on who survives you.

If you have a partner and no children

Your partner inherits the entire estate. This sounds straightforward, but "partner" has a specific legal meaning - it includes married spouses and registered domestic partners, and may include de facto partners depending on the length and nature of the relationship.

If you have a partner and children together

Your partner inherits the entire estate, on the understanding that the children will be provided for through your partner.

If you have a partner and children from a previous relationship

This is where things get complicated. Your partner receives:

Your personal effects
The first $530,255 of the estate (this figure is indexed and changes periodically)
50% of the remainder

Your children (from any relationship) share the other 50% of the remainder.

This formula often creates outcomes nobody intended, particularly in blended families.

If you have children but no partner

Your children inherit equally. If a child has died before you, their share goes to their own children (your grandchildren).

If you have no partner and no children

The estate passes to your closest surviving relatives in this order:

Parents
Siblings (or their children if they've died)
Grandparents
Aunts and uncles (or their children)
The State of Victoria, if no relatives can be found

The Real-World Problems With Intestacy

The intestacy rules are blunt. They don't know your circumstances, and they can produce results that feel deeply unfair.

Step-children get nothing

Under intestacy, step-children you raised as your own have no automatic entitlement. They are not legally your children unless you formally adopted them.

Unmarried partners may face challenges

A long-term de facto partner generally has rights, but if the relationship was less established or contested, your partner may need to go to court to prove their entitlement - during a time when they're already grieving.

Estranged relatives can inherit

If you have no partner or children, the law doesn't care that you haven't spoken to your sister for 20 years. She may still inherit your estate.

Charitable wishes are ignored

If you wanted part of your estate to go to a charity that mattered to you, intestacy won't honour that. There's no mechanism for charitable giving under the default rules.

Friends and chosen family get nothing

Many people consider close friends to be like family. The intestacy rules don't recognise these relationships at all.

Specific items can't be allocated

If you wanted your wedding ring to go to your daughter, your tools to your son, or your watch to a grandchild, intestacy doesn't allow for these specific gifts. Everything is divided according to the formula.

The Practical Headaches for Your Family

Beyond the question of who inherits, dying intestate creates significant practical problems for your family.

Someone has to apply to be administrator

Without a will, there's no nominated executor. A family member (usually your closest relative) has to apply to the Supreme Court for "Letters of Administration" - the equivalent of probate, but more involved.

It takes longer

The administration process for intestate estates typically takes longer than executing a properly drafted will. Bills, mortgages, and ongoing expenses still need to be paid in the meantime.

It costs more

Court fees, legal fees, and additional administrative steps mean your estate pays more in costs - leaving less for your beneficiaries.

Family disputes are more likely

Without a clear expression of your wishes, family members may disagree about what you would have wanted. Disputes can quickly escalate to formal legal proceedings.

Minor children may need a court-appointed guardian

If you have minor children and both parents have passed away without naming a guardian, the court decides who will care for them.

Common Misconceptions

"My partner will get everything anyway"

Not necessarily. The rules depend on whether you have children, whether they're from this relationship, and the size of your estate. Your partner may end up sharing the estate with children, including stepchildren of theirs you'd want provided for.

"I'm too young to need a will"

Accidents and illness don't discriminate by age. If you have any assets, dependants, or specific wishes, you need a will - regardless of age.

"I don't have enough assets to bother"

Even modest estates can become complicated without a will. Superannuation, jointly owned property, life insurance, and personal belongings all need clear direction.

"My family will sort it out"

Maybe they will. But why leave it to chance during one of the most emotionally difficult times of their lives?

What Happens If You Die Without a Will in Victoria? Understanding Intestacy

Tue, 28 Apr 2026 03:59:15 GMT

Most people know they should have a will. Many never get around to making one.

If you die without a valid will in Victoria, the law decides who gets your assets - not you. This is called dying intestate, and the rules can produce outcomes that would surprise (and often dismay) the people you've left behind.

What Does "Dying Intestate" Mean?

Dying intestate simply means dying without a valid will. It can happen because:

You never made a will in the first place
Your will was never properly signed or witnessed
Your will was lost or destroyed and can't be located
Your will was revoked (for example, by getting married after making it)
The will is challenged and ruled invalid

Who Inherits Under Victorian Intestacy Rules?

The order of priority depends on who survives you.

If you have a partner and no children

If you have a partner and children together

Your partner inherits the entire estate, on the understanding that the children will be provided for through your partner.

If you have a partner and children from a previous relationship

This is where things get complicated. Your partner receives:

Your personal effects
The first $530,255 of the estate (this figure is indexed and changes periodically)
50% of the remainder

Your children (from any relationship) share the other 50% of the remainder.

This formula often creates outcomes nobody intended, particularly in blended families.

If you have children but no partner

Your children inherit equally. If a child has died before you, their share goes to their own children (your grandchildren).

If you have no partner and no children

The estate passes to your closest surviving relatives in this order:

Parents
Siblings (or their children if they've died)
Grandparents
Aunts and uncles (or their children)
The State of Victoria, if no relatives can be found

The Real-World Problems With Intestacy

The intestacy rules are blunt. They don't know your circumstances, and they can produce results that feel deeply unfair.

Step-children get nothing

Under intestacy, step-children you raised as your own have no automatic entitlement. They are not legally your children unless you formally adopted them.

Unmarried partners may face challenges

Estranged relatives can inherit

If you have no partner or children, the law doesn't care that you haven't spoken to your sister for 20 years. She may still inherit your estate.

Charitable wishes are ignored

If you wanted part of your estate to go to a charity that mattered to you, intestacy won't honour that. There's no mechanism for charitable giving under the default rules.

Friends and chosen family get nothing

Many people consider close friends to be like family. The intestacy rules don't recognise these relationships at all.

Specific items can't be allocated

The Practical Headaches for Your Family

Beyond the question of who inherits, dying intestate creates significant practical problems for your family.

Someone has to apply to be administrator

It takes longer

The administration process for intestate estates typically takes longer than executing a properly drafted will. Bills, mortgages, and ongoing expenses still need to be paid in the meantime.

It costs more

Court fees, legal fees, and additional administrative steps mean your estate pays more in costs - leaving less for your beneficiaries.

Family disputes are more likely

Without a clear expression of your wishes, family members may disagree about what you would have wanted. Disputes can quickly escalate to formal legal proceedings.

Minor children may need a court-appointed guardian

If you have minor children and both parents have passed away without naming a guardian, the court decides who will care for them.

Common Misconceptions

"My partner will get everything anyway"

"I'm too young to need a will"

Accidents and illness don't discriminate by age. If you have any assets, dependants, or specific wishes, you need a will - regardless of age.

"I don't have enough assets to bother"

Even modest estates can become complicated without a will. Superannuation, jointly owned property, life insurance, and personal belongings all need clear direction.

"My family will sort it out"

Maybe they will. But why leave it to chance during one of the most emotionally difficult times of their lives?

Why DIY Wills Are a False Economy: The Hidden Costs of Getting It Wrong

Mon, 20 Apr 2026 21:25:47 GMT

Online will kits and DIY templates have become increasingly popular. A quick Google search reveals countless services offering wills for $30, $50, or even free.

On the surface, it looks like a sensible way to save on legal fees. But in practice, a poorly made will can cost your family many times more than the solicitor fees you saved.

What Are Consent Orders?

Consent orders are legally binding orders made by the Federal Circuit and Family Court of Australia, based on the terms you and your former partner have agreed on. They can cover:

Property and financial matters - how assets, debts, and superannuation will be divided
Parenting arrangements - where children will live, how time is spent with each parent, and decision-making responsibilities
Spousal maintenance - ongoing financial support from one party to the other

The key difference between consent orders and a verbal or informal agreement is enforcement. Once consent orders are approved by the court, they carry the full weight of a court order. If either party doesn't comply, the other can take legal action to enforce them.

Why Can't We Just Agree Between Ourselves?

You can agree on whatever you like. The problem is what happens when circumstances change or someone has a change of heart.

Without consent orders or a binding financial agreement in place:

Either party can make a property claim against the other at any time (within the time limits - 12 months after divorce or 2 years after a de facto relationship ends)
There's no legal mechanism to enforce the arrangement if one party stops following it
Parenting arrangements have no formal standing, which can create problems if a dispute arises later
Financial institutions may not accept an informal agreement when transferring property or splitting superannuation

Formalising your agreement protects both parties and draws a clear line under the financial relationship.

How Do Consent Orders Work?

The process is more straightforward than most people expect.

Step 1: Reach an agreement
Both parties need to agree on the terms. This can be done through direct negotiation, with the help of your solicitors, or through mediation.

Step 2: Draft the orders
Your solicitor prepares the proposed consent orders in the format required by the court, along with an Application for Consent Orders.

Step 3: Both parties sign
Both you and your former partner must sign the application and the proposed orders. Each party should have independent legal advice before signing.

Step 4: File with the court
The signed documents are filed with the Federal Circuit and Family Court. There's no need to attend a hearing - the court deals with consent orders on the papers.

Step 5: Court approval
A judicial officer reviews the proposed orders to make sure they are just and equitable (for property matters) or in the best interests of the children (for parenting matters). If satisfied, the court makes the orders.

The entire process typically takes a few weeks to a few months, depending on how quickly the agreement is reached and how busy the court is at the time of filing.

Consent Orders vs Binding Financial Agreements

Both options formalise a financial settlement, but they work differently.

Consent Orders:

Approved by the court
Court checks that the agreement is just and equitable
Can cover both property and parenting
Generally less expensive than going to court but more robust than a handshake
Can be enforced through the court if breached

Binding Financial Agreements (BFAs):

A private contract between the parties
Not reviewed or approved by the court
Both parties must receive independent legal advice
Can be made before, during, or after a relationship
Can be set aside by the court in certain circumstances

For most separating couples, consent orders are the more common and practical option. BFAs are typically used for pre-relationship agreements (similar to a prenup) or in specific situations where court involvement isn't preferred.

Common Questions

Do we need to be divorced first?
No. You can apply for consent orders at any time after separation, even before your divorce is finalised.

What if we agree on some things but not everything?
You can apply for consent orders on the matters you agree on and continue negotiating (or seek court assistance) on the rest. Partial consent orders are common.

Can consent orders be changed later?
Property consent orders are generally final. Parenting consent orders can be varied if there has been a significant change in circumstances and the change is in the best interests of the children.

What if my ex won't agree?
If you can't reach an agreement, you may need to apply to the court for a determination. This is a different process, but your solicitor can advise on the options available.

How much do they cost?
The court filing fee is relatively modest. The main cost is legal fees for drafting the orders and providing advice. This varies depending on the complexity of your situation, but it's significantly less than contested court proceedings.

Don't Leave It to Chance

Reaching an agreement with your former partner is a significant achievement. The final step is making sure that agreement is legally protected so both of you can move forward with certainty.

Ready to formalise your agreement? Our family law team can help you draft and file consent orders efficiently. Call us on (03) 9787 4511 or book a consultation.

Understanding Consent Orders: How to Make Your Separation Agreement Legally Binding

Sun, 12 Apr 2026 21:20:01 GMT

You've separated from your partner. You've had the difficult conversations. You've even managed to agree on how to divide your assets and arrange care for the children.

But without formalising that agreement, it's not worth the paper it's written on.

Before You Start Looking

Before you even walk through your first open home, there are a few things worth sorting out.

Get your finance pre-approved. Knowing your budget avoids falling in love with something you can't afford. Pre-approval also shows sellers and agents you're serious.

Choose your solicitor or conveyancer early. Don't wait until you've found a property. Having someone ready to go means they can review documents quickly when you need them to, especially if you're buying at auction where contracts are signed on the day.

Understanding the Section 32

In Victoria, the seller must provide a Section 32 vendor's statement before a contract is signed. This is a disclosure document that tells you important details about the property, including:

Who owns it and how the title is held
Any easements, covenants, or restrictions
Planning and zoning information
Building permits issued in the last seven years
Connected services and ongoing costs like rates

Your solicitor should review this before you commit. Issues hidden in a Section 32 can affect what you're able to do with the property or how much it's really worth.

Making an Offer or Buying at Auction

Private sale: You make an offer, and if accepted, both parties sign the contract of sale. You'll typically have a cooling-off period of three business days, during which you can withdraw from the contract (though a penalty of 0.2% of the purchase price may apply).

Auction: There is no cooling-off period when you buy at auction. The contract is binding the moment the hammer falls. This is why it's essential to have the Section 32 and contract reviewed before auction day, not after.

Your solicitor can also help you understand any special conditions you might want included in the contract, such as a subject-to-finance clause or a longer settlement period.

What Happens After You Sign

Once the contract is signed, your solicitor handles the legal work required to transfer the property into your name. This includes:

Title searches and checks
Confirming the seller has the legal right to sell and there are no surprises on the title.

Liaising with your lender
Coordinating with your bank or mortgage broker to ensure finance is ready for settlement.

Adjustments
Calculating adjustments for council rates, water rates, and owners corporation fees so each party pays their fair share.

Transfer of Land
Preparing the legal documents that officially transfer ownership to you.

Settlement
On settlement day, your solicitor coordinates with the seller's solicitor, the banks, and any other parties to exchange funds and documents. Once settlement is complete, you get the keys.

Stamp Duty and First Home Buyer Concessions

As a first home buyer in Victoria, you may be eligible for savings on stamp duty:

Full stamp duty exemption for properties valued up to $600,000
Stamp duty concession (reduced rate) for properties valued between $600,001 and $750,000
First Home Owner Grant (FHOG) of $10,000 for newly built homes valued up to $750,000

Your solicitor can confirm your eligibility and ensure the correct concessions are applied. These savings can amount to tens of thousands of dollars, so it's important to get it right.

Note: Thresholds and amounts are current as at the date of publication. Check the State Revenue Office website for the latest figures.

Common Mistakes First Home Buyers Make

Not getting the Section 32 reviewed before auction
This is the most common and most costly mistake. If there's an issue with the property that would have changed your mind, you have no way out after auction.

Skipping the pre-settlement inspection
Always inspect the property before settlement to confirm it's in the same condition as when you signed the contract.

Not budgeting for extra costs
Beyond the purchase price, budget for stamp duty (if applicable), solicitor fees, building and pest inspections, loan establishment fees, and moving costs.

Assuming your bank will handle everything
Your bank handles the loan. Your solicitor handles the legal transfer of ownership. They're two separate processes that need to work together.

It's a Big Step - Make Sure You're Supported

Buying your first home should be exciting, not stressful. Having the right team around you - a good solicitor, a reliable mortgage broker, and a building inspector - makes the whole process smoother.

Getting ready to buy your first home? Our conveyancing team can guide you through every step of the process. Call us on (03) 9787 4511 or book a consultation.

First Home Buyer? Here's What to Expect From the Legal Side of Buying a Property

Mon, 30 Mar 2026 22:48:30 GMT

Buying your first home is one of the most exciting things you'll do. It's also one of the most legally complex transactions most people will ever be involved in.

The good news is that the legal process is straightforward when you know what to expect. Here's a step-by-step overview of what happens behind the scenes from a legal perspective.

Start the Conversation Early

The best time to talk about future planning is when your parents are well and able to make their own decisions. Waiting until a health crisis forces the issue means fewer options, more stress, and potentially decisions being made by someone other than your family.

Approach it gently. Frame it around giving them control over their own future rather than taking anything away. Most parents appreciate knowing their wishes will be respected.

1. Check That Their Will Is Up to Date

When was the last time your parents reviewed their will? If it was written more than five years ago, or before a significant life event like retirement, a grandchild's birth, or the death of a spouse, it may no longer reflect their wishes.

Things to check:

Are the named beneficiaries still appropriate?
Is the executor still willing and able to take on the role?
Does the will account for all current assets, including superannuation and any new property?
Are there any specific gifts or bequests that need updating?

If your parents don't have a will at all, this should be the first priority.

2. Make Sure Powers of Attorney Are in Place

This is arguably the most important document for ageing parents. An enduring Power of Attorney allows a trusted person to manage financial and legal affairs if your parent loses the capacity to do so themselves.

Without one, your family would need to apply to VCAT (Victorian Civil and Administrative Tribunal) to be appointed as administrator. This process takes time and money, and the outcome isn't always what the family would have chosen.

There are two key types:

Enduring Power of Attorney (Financial) - covers bank accounts, bills, property, and financial decisions
Enduring Power of Attorney (Medical Treatment) - covers healthcare and treatment decisions

Both should be in place while your parent still has capacity to sign them.

3. Understand Advance Care Directives

An advance care directive lets your parent document their preferences for future medical treatment and care. This might include:

Whether they want life-sustaining treatment in certain circumstances
Their preferences around palliative care
Values and beliefs that should guide medical decisions
Where they would prefer to receive care

This document gives medical professionals and family members clear guidance during difficult moments, and it reduces the emotional burden on the people making decisions on their behalf.

4. Review Superannuation and Beneficiary Nominations

Superannuation doesn't automatically form part of your parent's estate. The super fund trustee decides who receives the balance unless a valid binding death benefit nomination is in place.

If your parent hasn't updated their nomination, or if they have a non-binding nomination, the funds may not go where they intended. This is a common gap in estate planning that's easily fixed.

Check whether their nomination is:

Binding - the trustee must pay the benefit to the nominated person
Non-binding - the trustee considers the nomination but makes the final decision
Lapsing - some binding nominations expire after three years and need to be renewed

5. Know the Aged Care Financial Landscape

If your parent is considering moving into residential aged care, there are significant financial and legal decisions involved:

Refundable Accommodation Deposits (RADs) - lump sum payments that can be substantial
Daily Accommodation Payments (DAPs) - an alternative to paying a lump sum
Means-tested care fees - based on your parent's income and assets
What happens to the family home - selling, renting, or leaving it vacant all have different implications

Getting legal and financial advice before committing to an aged care arrangement can save tens of thousands of dollars and protect your parent's assets.

6. Consider Whether a Family Agreement Is Needed

Sometimes family members contribute financially to a parent's care, or a parent moves in with an adult child. These arrangements can work well, but they can also lead to disputes if expectations aren't documented.

Consider putting agreements in writing for situations like:

A child paying for renovations to a parent's home in exchange for an expected inheritance
A parent contributing to a child's mortgage in return for a granny flat arrangement
Shared care responsibilities between siblings
Financial contributions toward aged care costs

A written agreement protects everyone and prevents misunderstandings down the track.

7. Consolidate Important Information

Beyond legal documents, make sure someone in the family knows where to find:

Wills and Powers of Attorney
Bank account details and financial institution contacts
Insurance policies (health, home, life)
Superannuation fund details
Medicare and pension information
The contact details for their solicitor, accountant, and financial adviser
Login credentials for important accounts (consider a password manager)

Having this information accessible saves enormous time and stress during an emergency.

It's About Peace of Mind for Everyone

Helping your parents plan isn't about taking over. It's about making sure their wishes are documented, their assets are protected, and your family isn't left scrambling during an already emotional time.

Most of these steps are straightforward and can be sorted in one or two appointments with a solicitor.

Want to help your parents get their affairs in order? Our wills, estates, and elder law team can guide your family through the process. Call us on (03) 9787 4511 or book a consultation.

Planning for Your Parents' Future: A Legal Checklist for Adult Children

Tue, 24 Mar 2026 22:33:13 GMT

It often starts with a small moment. A parent forgets an appointment. Bills go unpaid. A fall leads to a hospital visit. And suddenly you're thinking about things you hadn't planned for.

Helping ageing parents navigate their legal and financial affairs isn't always a comfortable conversation to have. But being prepared early makes everything easier when the time comes.

Start the Conversation Early

Approach it gently. Frame it around giving them control over their own future rather than taking anything away. Most parents appreciate knowing their wishes will be respected.

1. Check That Their Will Is Up to Date

Things to check:

Are the named beneficiaries still appropriate?
Is the executor still willing and able to take on the role?
Does the will account for all current assets, including superannuation and any new property?
Are there any specific gifts or bequests that need updating?

If your parents don't have a will at all, this should be the first priority.

2. Make Sure Powers of Attorney Are in Place

There are two key types:

Enduring Power of Attorney (Financial) - covers bank accounts, bills, property, and financial decisions
Enduring Power of Attorney (Medical Treatment) - covers healthcare and treatment decisions

Both should be in place while your parent still has capacity to sign them.

3. Understand Advance Care Directives

An advance care directive lets your parent document their preferences for future medical treatment and care. This might include:

Whether they want life-sustaining treatment in certain circumstances
Their preferences around palliative care
Values and beliefs that should guide medical decisions
Where they would prefer to receive care

This document gives medical professionals and family members clear guidance during difficult moments, and it reduces the emotional burden on the people making decisions on their behalf.

4. Review Superannuation and Beneficiary Nominations

Superannuation doesn't automatically form part of your parent's estate. The super fund trustee decides who receives the balance unless a valid binding death benefit nomination is in place.

If your parent hasn't updated their nomination, or if they have a non-binding nomination, the funds may not go where they intended. This is a common gap in estate planning that's easily fixed.

Check whether their nomination is:

Binding - the trustee must pay the benefit to the nominated person
Non-binding - the trustee considers the nomination but makes the final decision
Lapsing - some binding nominations expire after three years and need to be renewed

5. Know the Aged Care Financial Landscape

If your parent is considering moving into residential aged care, there are significant financial and legal decisions involved:

Refundable Accommodation Deposits (RADs) - lump sum payments that can be substantial
Daily Accommodation Payments (DAPs) - an alternative to paying a lump sum
Means-tested care fees - based on your parent's income and assets
What happens to the family home - selling, renting, or leaving it vacant all have different implications

Getting legal and financial advice before committing to an aged care arrangement can save tens of thousands of dollars and protect your parent's assets.

6. Consider Whether a Family Agreement Is Needed

Consider putting agreements in writing for situations like:

A child paying for renovations to a parent's home in exchange for an expected inheritance
A parent contributing to a child's mortgage in return for a granny flat arrangement
Shared care responsibilities between siblings
Financial contributions toward aged care costs

A written agreement protects everyone and prevents misunderstandings down the track.

7. Consolidate Important Information

Beyond legal documents, make sure someone in the family knows where to find:

Wills and Powers of Attorney
Bank account details and financial institution contacts
Insurance policies (health, home, life)
Superannuation fund details
Medicare and pension information
The contact details for their solicitor, accountant, and financial adviser
Login credentials for important accounts (consider a password manager)

Having this information accessible saves enormous time and stress during an emergency.

It's About Peace of Mind for Everyone

Most of these steps are straightforward and can be sorted in one or two appointments with a solicitor.

Want to help your parents get their affairs in order? Our wills, estates, and elder law team can guide your family through the process. Call us on (03) 9787 4511 or book a consultation.

Do You Need a Lawyer for That? 7 Common Situations Where Legal Advice Saves You Time, Money, and Stress

Tue, 17 Mar 2026 23:39:43 GMT

Most people only think about calling a lawyer when something goes wrong. But some of the most valuable legal advice is the kind you get before a problem starts.

Here are seven common situations where speaking to a solicitor early can save you far more than it costs.

How Does the Law Decide Who Gets What?

In Victoria, property settlements are governed by the Family Law Act 1975 (Cth). Whether you were married or in a de facto relationship, the same framework applies.

The courts follow a four-step process when determining a fair division of assets. Even if you reach an agreement outside of court, solicitors use this same framework as a guide.

Step 1: Work Out What's in the Pool

The first step is identifying and valuing everything that both parties own, owe, and have an interest in. This includes:

The family home and any investment properties
Superannuation balances for both parties
Savings, shares, and other investments
Business interests and partnerships
Vehicles, furniture, and personal items
Debts including mortgages, credit cards, and personal loans

Everything is included regardless of whose name it's in. An asset held solely in one person's name doesn't automatically stay with that person.

Step 2: Assess Each Party's Contributions

Next, both financial and non-financial contributions are considered. This covers the entire relationship, not just the end of it.

Financial contributions include:

Income earned during the relationship
Deposits or savings brought into the relationship
Inheritances or gifts received by either party
Redundancy payouts or compensation payments

Non-financial contributions include:

Homemaking and caring for children
Renovations, maintenance, or improvements to property
Unpaid work in a family business
Supporting the other party's career or education

The law recognises that a stay-at-home parent's contribution is just as valuable as the income earner's. One isn't automatically worth more than the other.

Step 3: Consider Future Needs

The court then looks at what each person will need going forward. Factors include:

Age and health of each party
Income and earning capacity
Who has primary care of children
Length of the relationship
Whether either party has a new partner or dependants
Financial resources available to each party

A younger person with strong earning capacity may receive a smaller share of assets than someone who has been out of the workforce for years raising children. The aim is to achieve a result that's fair given each person's future circumstances.

Step 4: Is It Just and Equitable?

Finally, the court steps back and asks whether the overall result is fair. This is a practical check to make sure the outcome makes sense in real life, not just on paper.

Do You Have to Go to Court?

No, and most people don't. The majority of property settlements are resolved through negotiation, mediation, or collaborative law processes without ever stepping inside a courtroom.

However, any agreement you reach should be formalised through either:

Consent orders - approved by the court and legally binding
A binding financial agreement - a private contract between the parties

Without formalising your agreement, either party can make a claim against the other's assets in the future. There are time limits for this - 12 months after a divorce is finalised, or two years after a de facto relationship ends - but it's far better to have certainty now.

Common Misconceptions

"I owned the house before we got together, so it's mine."

Not necessarily. Pre-relationship assets are considered as an initial contribution, but the other party may still have a claim depending on the length of the relationship and their contributions during it.

"They had an affair, so I should get more."

The reason a relationship ended generally has no bearing on property settlement. The court focuses on contributions and future needs, not fault.

"We agreed verbally, so that's sorted."

A verbal agreement isn't legally enforceable. Without consent orders or a binding financial agreement, you have no protection if the other party changes their mind.

Getting the Right Advice Early

Property settlement can feel overwhelming, especially when emotions are running high. But understanding the process and your rights early on puts you in a much stronger position to reach a fair outcome.

Every situation is different, and the right advice depends on your specific circumstances.

Have questions about property settlement? Our family law team can help you understand where you stand and what a fair outcome might look like. Call us on (03) 9787 4511 or book a consultation.

What Happens to Your Property When You Separate? It's Not Always 50/50

Tue, 10 Mar 2026 23:01:20 GMT

When a relationship ends, one of the biggest questions people ask is: "Do we just split everything down the middle?"

The short answer is no. Property settlement in Australia doesn't work on a simple 50/50 rule. The outcome depends on your specific circumstances, and two couples with similar assets can end up with very different results.

Understanding how the process actually works can help you feel more prepared and less anxious about what comes next.

How Does the Law Decide Who Gets What?

In Victoria, property settlements are governed by the Family Law Act 1975 (Cth). Whether you were married or in a de facto relationship, the same framework applies.

The courts follow a four-step process when determining a fair division of assets. Even if you reach an agreement outside of court, solicitors use this same framework as a guide.

Step 1: Work Out What's in the Pool

The first step is identifying and valuing everything that both parties own, owe, and have an interest in. This includes:

The family home and any investment properties
Superannuation balances for both parties
Savings, shares, and other investments
Business interests and partnerships
Vehicles, furniture, and personal items
Debts including mortgages, credit cards, and personal loans

Everything is included regardless of whose name it's in. An asset held solely in one person's name doesn't automatically stay with that person.

Step 2: Assess Each Party's Contributions

Next, both financial and non-financial contributions are considered. This covers the entire relationship, not just the end of it.

Financial contributions include:

Income earned during the relationship
Deposits or savings brought into the relationship
Inheritances or gifts received by either party
Redundancy payouts or compensation payments

Non-financial contributions include:

Homemaking and caring for children
Renovations, maintenance, or improvements to property
Unpaid work in a family business
Supporting the other party's career or education

The law recognises that a stay-at-home parent's contribution is just as valuable as the income earner's. One isn't automatically worth more than the other.

Step 3: Consider Future Needs

The court then looks at what each person will need going forward. Factors include:

Age and health of each party
Income and earning capacity
Who has primary care of children
Length of the relationship
Whether either party has a new partner or dependants
Financial resources available to each party

Step 4: Is It Just and Equitable?

Finally, the court steps back and asks whether the overall result is fair. This is a practical check to make sure the outcome makes sense in real life, not just on paper.

Do You Have to Go to Court?

No, and most people don't. The majority of property settlements are resolved through negotiation, mediation, or collaborative law processes without ever stepping inside a courtroom.

However, any agreement you reach should be formalised through either:

Consent orders - approved by the court and legally binding
A binding financial agreement - a private contract between the parties

Common Misconceptions

"I owned the house before we got together, so it's mine."

"They had an affair, so I should get more."

The reason a relationship ended generally has no bearing on property settlement. The court focuses on contributions and future needs, not fault.

"We agreed verbally, so that's sorted."

A verbal agreement isn't legally enforceable. Without consent orders or a binding financial agreement, you have no protection if the other party changes their mind.

Getting the Right Advice Early

Every situation is different, and the right advice depends on your specific circumstances.

Have questions about property settlement? Our family law team can help you understand where you stand and what a fair outcome might look like. Call us on (03) 9787 4511 or book a consultation.

Power of Attorney: What It Is, Why You Need One, and How to Get It Right

Tue, 03 Mar 2026 22:32:05 GMT

Planning for a time when you might not be able to make your own decisions isn't something most people want to think about. But having the right documents in place now means the people you trust can step in and act on your behalf if that time ever comes.

A Power of Attorney is one of the most important legal documents you can have and one of the most misunderstood.

What Is a Power of Attorney?

A Power of Attorney is a legal document that allows you to appoint someone you trust to make decisions on your behalf. The person you appoint is called your "attorney" - not in the legal profession sense, but simply the person authorised to act for you.

In Victoria, there are several types of Power of Attorney, and each one serves a different purpose.

The Different Types

General (Non-Enduring) Power of Attorney

This allows your attorney to manage your financial and legal affairs, but only while you have capacity to make your own decisions. It's often used for practical situations - for example, if you're travelling overseas and need someone to handle a property settlement on your behalf.

If you lose mental capacity, a general Power of Attorney automatically ends.

Enduring Power of Attorney (Financial)

This is the one most people need. An enduring Power of Attorney for financial matters continues to operate even if you lose the ability to make decisions for yourself. Your attorney can manage your bank accounts, pay bills, deal with property, and handle other financial matters.

You can choose whether it takes effect immediately or only when you lose capacity.

Enduring Power of Attorney (Medical Treatment)

This appoints someone to make medical treatment decisions on your behalf if you become unable to make them yourself. This includes decisions about surgery, medication, and other treatment options.

Your medical attorney should be someone who understands your values and wishes regarding healthcare.

Supportive Attorney

A newer option in Victoria, a supportive attorney helps you make and give effect to your own decisions rather than making decisions for you. This can be appropriate if you need assistance but still want to maintain control over your own affairs.

Why You Need One

Many people assume their spouse or adult children will automatically be able to manage their affairs if something happens. This isn't the case.

Without a valid Power of Attorney, your family may need to apply to VCAT (Victorian Civil and Administrative Tribunal) to be appointed as your guardian or administrator. This process can be time-consuming, stressful, and expensive - all during a period when your family is already dealing with a difficult situation.

Common scenarios where a Power of Attorney becomes essential:

A stroke, accident, or illness leaves you unable to communicate or make decisions
Dementia or cognitive decline develops gradually over time
You're having a planned surgery and want someone authorised to act just in case
You're ageing and want to ensure a smooth transition if your health declines

Choosing the Right Attorney

This is one of the most important decisions you'll make. Your attorney should be someone who:

You trust completely with your finances and personal affairs
Understands your values and wishes
Is willing and able to take on the responsibility
Is organised and capable of managing financial matters
Will act in your best interests, even under pressure from others

You can appoint more than one attorney and specify whether they must act jointly (together) or severally (independently). You can also appoint different attorneys for financial and medical decisions.

Common Mistakes to Avoid

Waiting too long

You can only make a Power of Attorney while you have mental capacity. If you wait until a diagnosis of dementia or after a serious health event, it may be too late.

Using DIY kits without advice

While it's possible to create a Power of Attorney without a solicitor, mistakes in execution or wording can render the document invalid. The cost of getting it done properly is minimal compared to the cost of getting it wrong.

Not having the conversation

Your attorney needs to know they've been appointed and understand your wishes. A Power of Attorney sitting in a drawer that nobody knows about won't help anyone when it's needed.

Forgetting to update it

Like a will, your Power of Attorney should be reviewed when your circumstances change - particularly if your relationship with your appointed attorney changes, or if they become unable to act.

When Should You Set One Up?

The short answer is now. It doesn't matter whether you're 30 or 80 - accidents and illness don't discriminate by age. Having these documents in place is simply part of responsible planning.

If you already have a Power of Attorney, consider when it was last reviewed. Does it still reflect your wishes? Is your appointed attorney still the right person for the role?

Take the Step Today

Setting up a Power of Attorney is straightforward and gives you peace of mind that the people you trust can look after your affairs if you're ever unable to do so yourself.

Want to put a Power of Attorney in place? Our wills and estates team can walk you through your options and make sure everything is set up correctly. Call us on (03) 9787 4511 or book a consultation.

Separating? Here Are the First Steps You Should Take

Tue, 24 Feb 2026 22:46:05 GMT

Making the decision to separate is rarely easy. Whether it's been building for a while or happened suddenly, the days and weeks that follow can feel overwhelming.

Knowing what to prioritise can help you feel more in control during a time when everything feels uncertain.

What Is a Section 32?

A Section 32 is a legal document that the seller (vendor) must provide to the buyer before a contract of sale is signed. It's required under Section 32 of the Sale of Land Act 1962 (Vic).

In simple terms, it's the seller's disclosure document. It tells you what you're actually buying - and flags anything that might affect the property's value or your use of it.

What Does It Include?

A Section 32 typically covers:

Title details

This confirms who owns the property and how it's held. It also reveals any encumbrances - things like mortgages, caveats, or charges registered against the title.

Easements and covenants

Easements give someone else the right to use part of your land (for example, a shared driveway or drainage pipe). Covenants are restrictions on what you can do with the property, such as building height limits or requirements to maintain a certain style of fencing.

Planning information

This includes the property's zoning, any planning overlays (like bushfire or heritage overlays), and details of any planning permits that have been issued or applied for.

Building permits

Information about building permits issued in the last seven years. If renovations or additions have been done, this section tells you whether they were properly approved.

Owner-builder disclosure

If the seller did building work as an owner-builder in the past six and a half years, they must disclose this. Owner-builder work can carry warranty and insurance implications.

Services

Details about which services are connected to the property - water, sewerage, electricity, gas, and drainage.

Outgoings

Any ongoing costs attached to the property, such as council rates, water rates, and owners corporation (body corporate) fees.

Why Should You Have It Reviewed?

A Section 32 can be dense and full of legal terminology. But buried in those pages might be details that significantly affect your decision to buy.

For example:

- An easement running through the middle of the backyard could prevent you from building that extension you had in mind

- A heritage overlay might restrict what changes you can make to the property

- Outstanding building permits could mean unapproved work that you'd inherit responsibility for

- A bushfire overlay may affect your insurance premiums and any future building plans

These aren't things you want to discover after you've signed the contract.

Can You Pull Out if Something Is Wrong?

If the Section 32 is defective - meaning it's incomplete, inaccurate, or wasn't provided at all - the buyer may have the right to end the contract. However, this right has limits and timeframes, so it's important to act quickly if you spot an issue.

This is another reason to have your solicitor or conveyancer review the document before you sign, not after.

When Should You Get It Reviewed?

Ideally, before you sign the contract of sale - especially at auction, where contracts are typically signed on the day.

If you're serious about a property, get the Section 32 and contract to your solicitor as early as possible. This gives them time to review it properly and flag any concerns before you're legally committed.

Don't Sign Without Understanding What You're Buying

A Section 32 might not be the most exciting part of buying a home, but it's one of the most important. It protects you by ensuring you know exactly what you're purchasing - the good, the bad, and everything in between.

Got a Section 32 you'd like reviewed?

Our conveyancing team reviews these documents every day and can help you understand what you're looking at. Call us on (03) 9787 4511 or book a consultation .

What Is a Section 32 and Why Does It Matter When Buying a Home?

Tue, 17 Feb 2026 23:03:01 GMT

If you're buying property in Victoria, you'll come across a document called a Section 32 - also known as a vendor's statement. It's one of the first things you should review, and one of the most overlooked.

Understanding what's in it could save you from a costly mistake.

What Is a Section 32?

A Section 32 is a legal document that the seller (vendor) must provide to the buyer before a contract of sale is signed. It's required under Section 32 of the Sale of Land Act 1962 (Vic).

In simple terms, it's the seller's disclosure document. It tells you what you're actually buying - and flags anything that might affect the property's value or your use of it.

What Does It Include?

A Section 32 typically covers:

Title details

This confirms who owns the property and how it's held. It also reveals any encumbrances - things like mortgages, caveats, or charges registered against the title.

Easements and covenants

Planning information

This includes the property's zoning, any planning overlays (like bushfire or heritage overlays), and details of any planning permits that have been issued or applied for.

Building permits

Information about building permits issued in the last seven years. If renovations or additions have been done, this section tells you whether they were properly approved.

Owner-builder disclosure

If the seller did building work as an owner-builder in the past six and a half years, they must disclose this. Owner-builder work can carry warranty and insurance implications.

Services

Details about which services are connected to the property - water, sewerage, electricity, gas, and drainage.

Outgoings

Any ongoing costs attached to the property, such as council rates, water rates, and owners corporation (body corporate) fees.

Why Should You Have It Reviewed?

A Section 32 can be dense and full of legal terminology. But buried in those pages might be details that significantly affect your decision to buy.

For example:

- An easement running through the middle of the backyard could prevent you from building that extension you had in mind

- A heritage overlay might restrict what changes you can make to the property

- Outstanding building permits could mean unapproved work that you'd inherit responsibility for

- A bushfire overlay may affect your insurance premiums and any future building plans

These aren't things you want to discover after you've signed the contract.

Can You Pull Out if Something Is Wrong?

This is another reason to have your solicitor or conveyancer review the document before you sign, not after.

When Should You Get It Reviewed?

Ideally, before you sign the contract of sale - especially at auction, where contracts are typically signed on the day.

Don't Sign Without Understanding What You're Buying

Got a Section 32 you'd like reviewed?

Our conveyancing team reviews these documents every day and can help you understand what you're looking at. Call us on (03) 9787 4511 or book a consultation .

Buying Property With Your Partner? Here's What You Need to Know

Wed, 11 Feb 2026 22:15:27 GMT

Buying a home together is one of the biggest financial decisions a couple will make. It's exciting, stressful, and often happens at a time when talking about "what if things don't work out" feels uncomfortable.

But getting the legal structure right from the start can save significant heartache down the track.

Two Ways to Own Property Together

When two or more people buy property together in Victoria, there are two main ways to hold the title:

Joint Tenants

This is the most common choice for couples. With joint tenancy, you both own the whole property together - there are no separate shares. If one owner dies, the property automatically passes to the surviving owner, regardless of what either will says.

This "right of survivorship" is often exactly what couples want. But it's not always appropriate, particularly for blended families or where one party is contributing significantly more to the purchase.

Tenants in Common

With this structure, each owner holds a distinct share of the property - which can be equal (50/50) or unequal (say, 70/30 to reflect different deposit contributions).

Each owner can leave their share to whoever they choose in their will. There's no automatic right of survivorship.

This structure offers more flexibility, but requires more thought about what happens in different scenarios.

What Happens if You're Not Married?

Many couples assume that living together for a certain period gives them automatic property rights. This isn't quite how it works.

De facto couples do have property rights under the Family Law Act, but these only come into play when the relationship ends. They don't automatically determine how the property is owned during the relationship.

If you're buying with a partner and you're not married, the way you structure ownership and any agreements you put in place become especially important.

Should You Get a Cohabitation Agreement?

A cohabitation agreement (sometimes called a property agreement) sets out what happens to the property if you separate. It can cover:

- How the property will be divided

- How the mortgage will be handled

- What happens if one party wants to sell and the other doesn't

- How improvements or renovations are treated

- What happens if one party stops contributing to repayments

These agreements aren't romantic, but they provide clarity when emotions are running high. Think of it as insurance you hope you'll never need.

Unequal Contributions - Getting It Right

If one partner is contributing more to the deposit, or one is paying more of the mortgage, this should be documented clearly.

Without proper documentation, disputes can arise about who is entitled to what. Did that extra deposit money create a larger ownership share, or was it a gift? Was the agreement that one party would pay less mortgage because they were doing renovations?

Memories fade and interpretations differ. Written records don't.

Questions to Discuss Before You Buy

Before signing anything, have an honest conversation about:

- How will the deposit be split, and does this affect ownership percentages?

- How will ongoing costs (mortgage, rates, maintenance) be divided?

- What happens if one person loses their job or can't contribute?

- If you separate, will you sell or will one person buy the other out?

- How will you decide on a sale price or buyout figure?

- What if one person wants to sell and the other doesn't?

These conversations are easier to have now than when you're in the middle of a dispute.

Protect Your Purchase - and Your Relationship

Getting proper legal advice before you buy doesn't mean you're planning for failure. It means you're being responsible adults making a major financial decision.

A quick chat with a solicitor can help you understand your options, choose the right ownership structure, and put appropriate agreements in place.

Thinking about buying property with your partner?

Our property team can guide you through the options and help you get the structure right from the start.

Call us on (03) 9787 4511 or book a consultation.

5 Life Events That Mean It's Time to Update Your Will

Wed, 04 Feb 2026 23:31:09 GMT

You've done the responsible thing and made a will. But when was the last time you looked at it?

Life changes - sometimes gradually, sometimes overnight. And a will that made perfect sense five years ago might not reflect your wishes today.

Why Your Will Needs Regular Reviews

A will is only effective if it accurately reflects your current circumstances and intentions. An outdated will can lead to unintended consequences, family disputes, or assets passing to people you no longer wish to benefit.

Here are five life events that should prompt an immediate review.

1. Marriage or Entering a New Relationship

In Victoria, getting married automatically revokes any existing will (unless it was made in contemplation of that specific marriage). This means if you marry without updating your will, you may die intestate - and the law will decide how your assets are distributed.

De facto relationships don't have the same automatic effect, but they absolutely warrant a review. Your partner may have claims on your estate regardless of what your will says, so it's important your documents reflect your current relationship.

2. Separation or Divorce

If your relationship ends, you'll likely want to remove your former partner as a beneficiary or executor. While divorce revokes certain provisions relating to your ex-spouse, separation alone does not.

This means if you separate but don't formally divorce, your estranged spouse could still benefit under your existing will. Many people don't realise this until it's too late.

3. The Birth or Adoption of Children

Welcoming a child into your family is one of the most important reasons to update your will. You'll want to:

- Name your children as beneficiaries

- Appoint guardians for minor children

- Consider setting up a testamentary trust to manage their inheritance until they're mature enough to handle it

If you have children from a previous relationship, blended family situations require particularly careful planning to ensure all children are provided for appropriately.

4. Significant Changes to Your Assets

Buying a home, receiving an inheritance, starting a business, or acquiring superannuation with a substantial balance - these all change your financial picture.

Your will should reflect what you actually own. Otherwise, you might leave specific gifts that no longer exist, or fail to account for major assets altogether.

Don't forget that some assets - like superannuation and jointly owned property - may pass outside your will. A comprehensive estate plan considers how all your assets will be distributed.

5. Death or Incapacity of People Named in Your Will

If your executor, guardian, or a beneficiary passes away or becomes unable to fulfil their role, your will needs updating. Relying on backup appointments or the courts to sort things out adds uncertainty during an already difficult time for your family.

Similarly, if your relationship with someone named in your will has fundamentally changed, it may be time to reconsider your choices.

How Often Should You Review Your Will?

As a general guide, review your will:

- Immediately after any major life event

- Every three to five years as a matter of course

- Whenever the law changes in ways that might affect your estate

A quick review with your solicitor can confirm everything is still in order - or identify changes that need to be made before it's too late.

Making Sure Your Wishes Are Honoured

Your will is one of the most important documents you'll ever sign. It determines who cares for your children, who receives your assets, and who manages your affairs after you're gone.

Taking the time to keep it current is one of the best gifts you can give your family.

Need to review your will? Our wills and estates team can help ensure your documents reflect your current wishes and circumstances. Call us on (03) 9787 4511 or book a consultation to get started.

Settlement Day Delays: What to Do When Things Don't Go to Plan

Thu, 29 Jan 2026 05:34:21 GMT

Settlement day is often circled on the calendar with excitement. After weeks of inspections, negotiations, and paperwork, you're finally about to get the keys to your new home or receive the funds from your sale.

But what happens when settlement doesn't go as planned?

Why Do Settlement Delays Happen?

Even with careful preparation, settlement delays occur more often than many buyers and sellers expect. Some common reasons include:

Banking and finance issues

Lenders may not have funds ready on time, or last-minute documentation requests can cause holdups. This is particularly common when purchasers are relying on the sale of another property to fund their purchase.

Outstanding requirements

Sometimes conditions of the contract haven't been fully met. This might include repairs that were agreed upon, or documents that haven't been provided.

Title problems

Issues discovered during final title searches, such as unregistered easements or caveats, can halt proceedings until resolved.

Simple miscommunication

With multiple parties involved (buyers, sellers, banks, conveyancers, and real estate agents), sometimes wires get crossed.

What Are Your Options If Settlement Is Delayed?

If you're the party ready to settle and the other side isn't, you generally have several options depending on your contract terms:

1. Agree to an extension – Often the simplest solution if the delay is minor and both parties are cooperative.

2. Issue a Notice to Complete – This formal notice typically gives the defaulting party a set number of days (usually 14) to complete settlement.

3. Claim penalty interest – Most contracts allow the ready party to claim interest for each day settlement is delayed.

4. Terminate the contract – In serious cases where the other party cannot or will not settle, you may have the right to end the contract and pursue damages.

The right approach depends on your specific circumstances, the terms of your contract, and what outcome you're hoping to achieve.

How to Protect Yourself Before Settlement

While you can't control every variable, there are steps you can take to minimise the risk of delays:

- Stay in close contact with your lender in the weeks leading up to settlement

- Respond promptly to any requests for additional documentation

- Arrange a pre-settlement inspection a few days before, not the morning of settlement

- Have your conveyancer confirm that all parties are ready at least 48 hours beforehand

- Keep some flexibility in your moving arrangements where possible

When Things Go Wrong, Get the Right Advice

Settlement delays can be stressful, especially when you've arranged removalists, taken time off work, or have nowhere to stay. Understanding your rights and options can make a difficult situation more manageable.

If you're facing a settlement delay or want to make sure you're protected before you reach that stage, we're here to help. Our conveyancing team handles these situations regularly and can guide you through your options.

Have questions about an upcoming settlement?

Give us a call on (03) 9787 4511 or book a consultation to chat with our team.

Buying Property with a Partner? What to Know Before Signing Anything

Tue, 20 Jan 2026 22:29:27 GMT

Protect your interests and avoid disputes with the right legal structure from the beginning.

Buying property as a couple or with a friend can be an exciting milestone but without clarity around ownership, contributions, and future intentions, it can also become a legal headache. Many disputes around property don’t come from bad intentions, but from assumptions made between parties that were never properly documented.

Whether you’re purchasing your first home, an investment property, or helping a family member get into the market, here are key considerations before signing a contract.

1. Decide How the Property Will Be Owned

Property can generally be held in one of two ways:

Joint Tenants - both parties own the property equally, and if one passes away, their share automatically transfers to the other.
Tenants in Common - each party owns a specific share (e.g., 60/40), which can be passed through their Will.

For many couples, Joint Tenancy feels natural. However, Tenants in Common allows flexibility where financial contributions are unequal or where estate planning needs are more complex.

2. Document Each Person’s Financial Contributions

Purchase price, deposits, stamp duty, mortgage repayments, renovations, all of these can be paid differently by each party.

Recording contributions avoids future disputes, particularly if:

one party pays more upfront
the relationship ends
the property is sold
family members contribute funds

A co-ownership agreement can outline expectations from the beginning.

3. Plan for Exit Scenarios - Even If You Never Need Them

It may feel pessimistic, but it’s practical.

Consider:

What happens if one party wants to sell?
Can either party buy out the other?
How will sale proceeds be split?
What if the property decreases in value?

When agreements are in place, parties avoid relying on emotional negotiations later.

4. Update Your Will and Estate Planning

Property ownership structures directly impact what happens to your share if you pass away.

Failing to align the ownership structure with your Will can lead to delays, disputes, or unintended beneficiaries especially with blended families or second relationships.

5. Seek Advice Before Signing a Contract

Buying property is one of the largest financial decisions most people make. Even small oversights can become costly.

A solicitor can:

review the contract
explain risks
ensure title and ownership structures suit your goals
coordinate settlement
protect your long-term interests

Early advice is far more cost-effective than trying to fix issues later.

Buying property with someone else can be a smooth and rewarding experience when the right legal structures are in place. If you're unsure how to set up ownership or need guidance before signing a contract, our property team can provide clarity and support tailored to your situation.

Demystifying Property Settlements: Why It’s Rarely a 50/50

Thu, 15 Jan 2026 00:14:42 GMT

Separation is rarely just an emotional journey; it is a financial one, too. Once the initial decision to separate has been made, the question we hear most often at Lardners is, "How do we divide everything we’ve built together?"

There is a common misconception in Australia that assets are automatically divided 50/50 after a breakup. In reality, family law is far more nuanced. The outcome depends on your unique story, your contributions, your future needs, and what is considered "just and equitable" under the law.

If you are navigating a property settlement in 2026, here is what you need to know about how the process works and how to protect your future.

1. It Starts with Full Disclosure

Before anyone can talk about percentages, we need to know what is in the "pool." In 2026, the duty of disclosure is stricter than ever. Both parties must be completely transparent about all assets, liabilities, and financial resources. This includes the family home, superannuation, cars, savings, and even debts. Trying to hide assets often leads to severe penalties and can damage your credibility in negotiations.

2. Contributions: Looking Back

The law looks at what each person brought to the relationship. This isn't just about who earned the highest salary or who paid the mortgage. Non-financial contributions are given significant weight.

Financial contributions: Wages, inheritances, or savings brought into the relationship.

Non-financial contributions: Renovations, homemaking, and notably, the care of children. For many families, one partner may have stepped back from their career to raise children. The law recognizes this sacrifice as a vital contribution to the family's wealth and welfare.

3. Future Needs: Looking Forward

This is the step that often shifts the dial away from a 50/50 split. We must look at what your life looks like after the settlement. Factors that can adjust the percentage in one party’s favour include:

Age and health: Does one partner have health issues that limit their ability to work?

Earning capacity: is there a significant disparity in income potential?

Care of children: Who will have the primary care of the children moving forward? This is often the most significant factor in adjustments.

4. The "Just and Equitable" Test

Finally, the law asks a simple but powerful question: Is this fair? The proposed division must be just and equitable in all the circumstances. This ensures that the final agreement passes the "pub test" of fairness, preventing outcomes where one party is left financially vulnerable while the other thrives.

Why You Need "set and forget" Certainty

Reaching an agreement is only half the battle; documenting it correctly is the other. Informal agreements written on the back of a napkin or via text message are rarely legally binding.

To protect yourself from future claims, your agreement must be formalized through Consent Orders or a Binding Financial Agreement . This gives you a clean break and the certainty that your former partner cannot come back for a "second bite of the cherry" years down the track.

We Are Here to Guide You

At Lardners Solicitors, we understand that dividing a life is stressful. We don’t just crunch the numbers; we listen to your story to ensure your contributions are valued and your future is secure.

If you are unsure where you stand or need help starting the conversation, let’s have a chat. We can help you find a resolution that lets you move forward with confidence.

Read more about our Family Law Services .

Separating in the New Year? 5 First Steps to Protect Your Interests

Tue, 06 Jan 2026 22:08:11 GMT

The beginning of a new year often brings reflection, and for some, the difficult decision to separate. Navigating the end of a relationship is emotional and confusing. Before you make major decisions, here are five critical steps to ensure you, your assets, and your children are protected during the transition.

Deciding to end a relationship is rarely easy. Whether it has been a long time coming or a sudden turn of events, the period immediately following a separation is often filled with uncertainty.

At Lardners Solicitors, we understand that family law matters are not just legal transactions; they are deeply personal life events. If you find yourself navigating a separation this January, it is vital to keep a clear head. Here are five practical steps to take immediately to protect your future.

1. Prioritise Safety and Living Arrangements

Your immediate physical and emotional safety is paramount. If there is conflict in the home, determining who stays and who goes is usually the first hurdle. While it is often preferable for the children to remain in the family home for stability, every situation is unique. If you move out, ensure you take essential documents and personal items with you, but strictly avoid removing joint assets until you have sought advice.

2. Gather Your Financial Documents

Knowledge is power during a property settlement. Before accounts change or access is lost, try to gather copies of all relevant financial documents. This includes:

Bank statements (joint and personal)
Mortgage documents and superannuation statements
Tax returns for the last three years
Details of any debts or liabilities Having this "financial snapshot" ready will save you time and money when you meet with your solicitor.

3. Focus on the Children’s Routine

If you have children, they are likely feeling the tension. In the early stages, try to maintain their existing routine as much as possible. When discussing care arrangements with your former partner, try to keep communications written (text or email) and factual. Avoid speaking negatively about the other parent in front of the children—courts view the facilitation of a relationship with the other parent very seriously.

4. Be Careful with Social Media

In the heat of the moment, it is tempting to vent frustrations online. Please, resist the urge. Facebook posts, Instagram stories, and even "vague-booking" can be used as evidence in family law proceedings. Assume that anything you write can be read by a Judge. If in doubt, stay offline.

5. Seek Legal Advice Early (Before You Sign Anything)

A common mistake people make is agreeing to informal arrangements regarding property or custody just to "keep the peace," only to find out later they have severely disadvantaged themselves.

You do not need to start a court battle to see a solicitor. In fact, seeing a lawyer early often prevents court. We can help you understand your entitlements, draft a binding financial agreement, and guide you toward a fair, amicable resolution.

We Are Here to Help At Lardners Solicitors, our Family Law team provides compassionate, clear, and robust advice. We help you cut through the confusion so you can move forward with confidence.

Are you going through a separation? Contact us today to book a confidential consultation.

Buying a Home? Why the "Section 32" is the Most Important Document You’ll Read

Sun, 21 Dec 2025 23:29:47 GMT

Finding your dream home is an emotional journey. After weeks of open inspections and searching online listings, it’s easy to get swept up in the excitement when you finally find "the one." However, before you raise your hand at an auction or sign a contract, there is one crucial document you must understand: the Section 32 Vendor’s Statement.

At Lardners Solicitors, we often see clients who are eager to sign but haven't fully scrutinised the legal details of the property. Here is why getting legal advice on the Section 32 is vital before you commit.

What is a Section 32? In Victoria, a seller must provide a Section 32 statement to a prospective buyer before a contract of sale is signed. Its purpose is to disclose information about the property that isn't readily visible during an inspection. It tells the story of the property's legal history.

What are the hidden risks? While the house might look perfect on the surface, the Section 32 can reveal issues that might turn your dream home into a financial burden. Common things we look for include:

Easements and Covenants: Are there pipes running under the backyard that prevent you from building that future swimming pool? Are there restrictions on the colour you can paint the fence?
Zoning Information: Is the property in a residential zone, or is it mixed-use? This affects what you can and cannot do with the land.
Outgoings and Debts: Are there outstanding council rates or owners corporation fees attached to the title?
Building Permits: If the previous owner renovated, did they get the required permits? If not, you could be liable for fixing their illegal works.

The Danger of "Standard" Contracts Many buyers assume that real estate contracts are standard forms. While the templates are standard, the special conditions added to them are not. These conditions can sometimes shift responsibility for certain costs or risks from the seller to the buyer.

How We Can Help Buying a property is likely the biggest financial transaction of your life. Having a solicitor review the Contract of Sale and Section 32 before you sign can save you thousands of dollars and immeasurable stress down the road.

Whether you are a first-home buyer or an experienced investor, our team ensures you know exactly what you are buying, with no nasty surprises waiting for you after settlement.

Are you looking to buy or sell property in the Mornington Peninsula area? Contact Lardners Solicitors today to ensure your conveyance goes smoothly.

When Should You Speak to a Solicitor? Common Situations People Often Overlook

Tue, 16 Dec 2025 23:37:40 GMT

Many people only think to contact a solicitor when something has already gone wrong. In reality, some of the most valuable legal advice happens before issues escalate. Understanding when to seek legal guidance can help protect your interests, save time, and avoid unnecessary stress or cost down the track.

Here are some common situations where speaking to a solicitor early can make a meaningful difference.

1. Marriage, Separation, or Divorce

Relationships are the biggest driver of estate planning changes. In Victoria, entering into a marriage generally revokes an existing Will (unless it was made in contemplation of that marriage). Conversely, divorce can revoke clauses relating to your former spouse, but separation does not. If you have recently separated, updating your Will is critical to ensure your assets don't unintentionally pass to an ex-partner.

2. The Arrival of Children or Grandchildren

Welcoming a new family member is a joyous occasion, but it also brings new responsibilities. You may want to include new beneficiaries, set up a testamentary trust to protect their inheritance, or appoint guardians for your minor children. Ensuring your Will explicitly names all the children you wish to benefit is the best way to avoid ambiguity later.

3. Buying or Selling Significant Assets

If your Will leaves specific gifts (like a property in Mount Eliza or a specific investment account) to a beneficiary, but you have since sold that asset, that gift will fail. Similarly, if you have acquired significant new assets or business interests, you need to ensure your Will—and your Powers of Attorney—are structured to handle them tax-effectively.

4. Changes to Your Executor or Beneficiaries

Time takes a toll on everyone. The person you appointed as your Executor ten years ago might no longer be willing or able to take on the role due to age, illness, or distance. Sadly, beneficiaries may also pass away or your relationship with them may change. Reviewing your appointments ensures the right people are in charge when the time comes.

5. Financial or Legal Changes

Tax laws and superannuation rules change frequently. A strategy that was tax-efficient a decade ago might now result in an unnecessary burden for your heirs. Our team stays up to date with the latest legal developments, like the recent changes to probate fees and land tax—to ensure your estate plan works as hard as you do.

We Are Here to Guide You

Thinking about Wills and Estates can be daunting, but you don't have to do it alone. For over 40 years, Lardners Solicitors has been walking with families in Mount Eliza and beyond, providing the empathy, compassion, and expertise you need to plan for the future.

If you aren't sure if your Will is still valid, let’s have a chat. We can review your current documents and provide clear, honest advice on whether an update is necessary.

Click here to book a consultation with a member of our team.

Is Your Will Up to Date? 5 Life Events That Should Trigger a Review

Wed, 10 Dec 2025 01:02:25 GMT

Life moves fast. Families grow, relationships change, and assets come and go. While making a Will is a crucial "set and forget" task for many, the truth is that a Will written five or ten years ago may no longer reflect your current wishes or the law.

At Lardners Solicitors, we often see clients who are surprised to learn that significant life changes can impact the validity or effectiveness of their existing estate plan. To ensure your loved ones are protected exactly as you intend, it is vital to review your Will periodically.

Here are five key moments when you should pick up the phone and schedule a review of your estate plan.

1. Marriage, Separation, or Divorce

2. The Arrival of Children or Grandchildren

3. Buying or Selling Significant Assets

4. Changes to Your Executor or Beneficiaries

5. Financial or Legal Changes

We Are Here to Guide You

If you aren't sure if your Will is still valid, let’s have a chat. We can review your current documents and provide clear, honest advice on whether an update is necessary.

Click here to book a consultation with a member of our team.

Why Choose Lardners Solicitors?

Thu, 04 Dec 2025 03:37:53 GMT

At Lardners Solicitors our mission is clear: to provide personalised legal support that puts you, the client, first. With more than 40 years’ experience across a wide range of legal areas, we offer a unique blend of professional expertise and human care.

We understand that legal issues can be daunting. That’s why we listen, guide and walk with you through every step, whether you’re dealing with a family matter, planning your estate, purchasing property or navigating a business challenge. Our motto is simple: we’re not just lawyers, we’re advisors, guides and supporters

Comprehensive Legal Services Tailored to Your Needs

Because life is varied, so too are the kinds of legal support people need. Our dedicated team at Lardners offers a broad range of services to meet many of life’s legal moments:

Family Law - From separation and parenting matters to binding financial agreements.
Wills, Estates & Powers of Attorney - Helping you plan ahead to protect your loved ones and legacy.
Property & Conveyancing - Guiding you through property purchases, sales, and transfers with clarity and care.
Commercial Law - Supporting businesses and individuals with contracts, agreements and commercial dealings.
Elder Law - Offering experienced advice for older clients or families planning for later-life needs.
Criminal & Civil Law - Providing representation and support when legal disputes arise.

Our flexible approach means we can meet with you in person, over the phone or via video call, whichever suits your schedule best. We also offer transparent fixed-fee quotes and flexible payment or legal funding options to ease financial worries.

People First. Lawyers Second.

We believe that every client deserves to be heard. At Lardners we take time to understand your personal circumstances, what’s important to you and what outcome you’re hoping to achieve. That empathy and understanding shapes how we advise and support you.

We know that legal situations can often feel overwhelming or emotional. That’s why we place value not only on legal outcomes, but also on providing reassurance, clarity and a caring, supportive presence. Over the years countless clients have trusted us at some of their most challenging times and we treat that trust with respect.

Real Clients, Real Confidence

The feedback from clients speaks volumes. Many highlight not just our expertise, but also our compassion, patience and commitment. Clients appreciate that we take the time to explain their options, respond promptly, and go the extra mile to help.

One testimonial reads: “He went above and beyond my expectations. He got me the best outcome in my case and I couldn’t be happier.” Another says: “Our lawyer has always been straightforward in his approach and we were happy to have such a good lawyer.” These kinds of words motivate us every day to keep delivering our best.

Your First Step is Simple

If you need legal guidance, whether for family matters, estate planning, property, business law or civil disputes, booking a consultation with us is straightforward. We offer a friendly, no-obligation initial chat (in person, by phone or video). From there we can discuss your situation and outline clear, reasonable next steps.

At Lardners we believe you deserve advice that’s not only legally sound but also grounded in empathy and understanding. Reach out. We’d be honoured to help guide you.

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