Brian Swersky
UnclaimedClayton South · VIC · 3169
General practice — confirm they handle this matter
Unclaimed listing · 25% complete
Is this your firm? Claim it →Family Lawyers · Clayton South, VIC
No firm in Clayton South, VIC has yet listed family lawyers as a specialty. The general practices below are local and many handle this kind of matter — call and ask.
Also in Clayton South
General practices in the area. They haven't nominated family lawyers as a specialty, so check before you engage them.
Clayton South · VIC · 3169
General practice — confirm they handle this matter
Unclaimed listing · 25% complete
Is this your firm? Claim it →Clayton South · VIC · 3169
General practice — confirm they handle this matter
Unclaimed listing · 25% complete
Is this your firm? Claim it →Clayton South · VIC · 3169
General practice — confirm they handle this matter
Unclaimed listing · 5% complete
Is this your firm? Claim it →Overview
Family law covers what happens to children, property and money when a relationship ends. It applies to married and de facto couples alike, and — with the exception of Western Australia, which runs its own Family Court — it is federal law, so the rules are the same wherever in Australia you live.
Most family matters never see a courtroom. The system is built to push separating couples toward agreement first, through negotiation and compulsory family dispute resolution, and a good family lawyer spends far more time settling matters than arguing them.
Victoria
Magistrates' Court of Victoria
Handles most criminal and traffic matters, intervention orders and smaller civil claims.
County Court of Victoria
Handles serious criminal trials, appeals and most personal injury claims.
Supreme Court of Victoria
Handles the most serious criminal matters, major commercial litigation and probate.
Victorian Civil and Administrative Tribunal (VCAT)
Handles tenancy, owners corporation, consumer, planning and guardianship matters.
Family lawyers usually charge by the hour, often with a fixed fee for discrete pieces of work like a divorce application or consent orders. Ask for a written costs agreement before you start, and ask specifically what happens to the estimate if the matter has to go to court — that is where the range widens most.
Accreditation is a real signal
Several state law societies accredit specialists in family law. It is not a guarantee, but it means someone has been assessed on this area specifically.
Ask how they resolve matters
A firm that settles most of its files will say so. If the answer is vague, ask what proportion of their matters end in a contested hearing.
Match the lawyer to the matter
A straightforward divorce with no children and no property does not need the most expensive litigator in town.
Before you engage anyone
Check the practitioner holds a current practising certificate. In Victoria that is Victorian Legal Services Board and Commissioner, and the register is public.
Check the VIC register ↗No. A divorce application can be filed without one, and where there are no children under 18 and nothing to divide, many people do it themselves. Lawyers matter far more for the property and parenting questions, which are separate from the divorce itself.
There are time limits, and they differ depending on whether you were married or in a de facto relationship. They are strict enough that it is worth asking a lawyer early rather than assuming you have time.
Usually not. In most cases you are required to attempt family dispute resolution before a court will hear a parenting matter, and the majority of separations are resolved by agreement.
No. A lawyer can only act for one party — the interests are opposed. If you have reached agreement between yourselves, one of you can instruct a lawyer to draft consent orders and the other should have them independently reviewed.
This page is general information, not legal advice. Laws differ between states and every situation turns on its own facts — speak to a qualified Australian lawyer before acting. If you cannot afford one, Legal Aid operates in every state and territory.
Other legal help in Clayton South
Family Lawyers near Clayton South
Family Lawyers in other states