Common family law questions answered by Wallen Family Law.

What’s Included in a Property Settlement in NSW

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

When couples separate, many are surprised by what is counted in their asset pool as part of their property settlement.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says this is one of the first questions she is asked when a new matter begins. “People are often taken aback when they realise how much can form part of the asset pool,” she explains.

Under family law in New South Wales, the Family Court looks at all assets, regardless of whose name they are in. This includes the family home, investment properties, business interests and shares, all of which make up what is known as the asset pool.

However, it can extend far beyond that. “We have seen everything from timeshare holiday homes to Qantas frequent-flyer points included,” Melody says. “If it has value, it is considered.”

Everything Is Valued at the Date of Settlement

A common misconception, Melody says, is that assets are valued at the date of separation. “In reality, everything is valued at the date of settlement,” she explains. “That can make a significant difference, particularly if property prices, superannuation balances or investments have changed over time.”

This timing is one of the main reasons she encourages people to seek advice early. “Even if you are still working through what separation looks like, it helps to understand the framework you are operating within,” she adds.

What About Inheritances or Gifts?

An inheritance received after separation can still be included in the asset pool, depending on the circumstances. “It is a common area of confusion,” Melody says. “The best approach is to obtain early advice so we can properly assess what is in the pool and how to protect it.”

She also reminds clients that the Court looks at the entire picture, including each person’s contributions and future needs, rather than a simple split of assets. “It is not always fifty–fifty. It is about fairness based on the facts.”

Why Early Legal Advice Matters

Understanding the full scope of your assets from the beginning makes everything that follows smoother. It helps to avoid conflict, set realistic expectations and keep the process transparent.

“Getting legal advice early does not mean things have to become adversarial,” Melody says. “It often has the opposite effect. It gives both people clarity, which reduces uncertainty and emotion.”

While selling is one option, it is not the only one. “There are often creative and practical ways to divide assets that protect both financial stability and family wellbeing,” she explains. “Sometimes that means refinancing so one person can keep the home. Other times it is about structuring things differently. There is usually more than one path.”

A Calm and Structured Approach

At Wallen Family Law, Melody and her team focus on turning what feels complex into a clear and manageable process. “Our table is round,” she says. “We focus on negotiation, mediation and collaboration wherever possible. When court is necessary, we approach it with purpose and strategy.”

Their process is designed to bring clarity from the very first meeting. It begins with an initial consultation on a fixed fee, followed by clear stages of disclosure, negotiation and formalisation through Consent Orders or a Binding Financial Agreement.

“It is about taking a stressful period and transforming it into a structured plan,” Melody says. “So you know where you stand, and what comes next.”

Quick Answers

What counts in the asset pool?
Anything of value is taken into consideration during a property settlement. This includes, but is not limited to, homes, investments, businesses, shares, superannuation, vehicles, savings, and sometimes memberships or loyalty points.

Are assets valued at separation?
No. Assets are not valued on the date of separation or divorce. They are valued at the date of settlement.

Can I keep the family home?
Often yes, if refinancing is possible and affordable.

Do I need a lawyer if we already agree?
Yes. Without formal Consent Orders or a Binding Financial Agreement, your agreement is not legally enforceable.

Can an inheritance after separation be included?
Yes, depending on the circumstances and timing.

From Melody

“If you have recently separated or are planning to, getting advice early can make the entire process calmer and more straightforward. I am always happy to meet for an initial fixed-fee consultation or a free 15-minute consultation so we can map out your options clearly and help you protect what matters most.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

Enforcing Parenting or Property Orders

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Even after final orders are made, sometimes one party doesn’t follow them. It can be frustrating and emotionally draining when parenting or property orders are ignored — especially after the effort it took to reach them.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says this is a situation many clients face.
“People assume that once they have Court Orders, the hard part is over,” she explains. “But unfortunately, some people still breach those orders — by not facilitating time with the children or refusing to sign documents they were ordered to sign in order to progress a property sale for example.”

Understanding Enforcement

Under the Family Law Act 1975 (Cth), all Court Orders are legally binding. That means each person named in the orders has a legal obligation to comply.

“When an order isn’t followed, the next step is to bring what’s called an Enforcement Application or a Contravention Application,” Melody explains.

“These are formal applications asking the Court to ensure the orders are complied with — and, in some cases, to impose consequences for non-compliance.”

The type of application you file depends on the circumstances. “In a parenting matter, it might be about missed time or communication. In a property matter, it could involve transferring property, selling a home, or dividing superannuation as ordered.”

When to Take Action

Not every breach requires an immediate court application.
“Sometimes, breaches happen because of misunderstanding, genuine confusion, or unforeseen circumstances,” Melody says. “Our first step is always to assess the situation — to see whether a clear, written reminder or lawyer-to-lawyer correspondence can resolve it without escalating conflict.”

Consequences of Non-Compliance

Consequences depend on the severity of the breach and the intent behind it.

For parenting orders, the Court can:

• Vary the existing parenting arrangements

• Order compensatory time with the children

• Order payment of legal costs

• In serious or repeated breaches, impose fines or even order you to a sentence of imprisonment

For property orders, the Court can:

• Enforce transfers or sales directly through a Registrar at the Court

• Order payment of money owed

• Appoint a person to sign documents on behalf of a non-compliant party

• Impose costs or penalties for deliberate obstruction

“The law recognises that court orders must mean something,” Melody explains. “If someone refuses to comply, the Court can and will step in.”

If that doesn’t work, enforcement may be necessary.
“Where there is clear, ongoing non-compliance, the Court has powers to make the other party comply, compensate the affected person, or vary the orders to prevent future breaches.”

Staying Calm and Strategic

Melody emphasises the importance of measured action.
“It’s natural to feel angry or upset when someone doesn’t comply,” she says. “But enforcement applications are most effective when they’re supported by clear evidence and calm, factual presentation — not emotion.”

At Wallen Family Law, her team helps clients gather the right material, including records of missed time, correspondence, or non-performance, so the Court can see the full picture.

Quick Answers

What can I do if my ex isn’t following court orders?
Start by documenting each breach. Then seek advice — a formal letter or mediation may resolve the issue before you need to go back to court.

What if the breach is serious or repeated?
You may need to file an Enforcement or Contravention Application. The Court can impose penalties or change the orders.

Can I withhold the children in response?
No. Breaching orders yourself can damage your position. Always seek legal advice first.

Can the Court force someone to sign property documents?
Yes. The Court can authorise a Registrar to sign on their behalf and even enforce sales or transfers directly.

Will the other person be punished?
The focus is usually on compliance, not punishment — but the Court can issue fines, costs orders or other sanctions if necessary.

From Melody

“Enforcement is about restoring fairness, not creating more conflict. We help our clients respond strategically — calmly, firmly, and with purpose. The law provides clear pathways to ensure orders are respected, and our role is to guide you through those steps with clarity and confidence.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

Act Early for the Best Outcome
with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Many people hesitate to take the first legal step after separation — often hoping things will settle on their own. While that instinct comes from a good place, waiting too long can sometimes make matters more complicated and expensive to resolve later.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says delays are one of the most common issues she sees. “People often wait until communication has completely broken down or finances have become a total mess,” she explains. “By that point, it can be much harder to find a calm, negotiated solution.”

Why Acting Early Matters

In both parenting and property matters, time can significantly affect your legal position.

“In parenting cases, delay can impact the stability of arrangements or the child’s relationship with a parent,” Melody says. “The Court often looks at what has become the child’s routine — so if an informal arrangement has been in place for many months, it may be harder to change later.”

In property matters, values can change, debts can increase, and one party may make financial decisions such as spending or wasting joint savings that affect the asset pool. “You don’t want to lose sight of what existed at separation,” Melody notes. “The earlier we identify the asset pool and start negotiations, the more control both parties retain.”

Deadlines and Legal Time Limits

Family law also contains strict time limits that can bar your claim altogether.

For married couples, you have 12 months from the date your divorce becomes final to commence property or spousal maintenance proceedings.

For de facto couples, you have two years from the date of separation.

“If those deadlines are missed, you need special permission from the Court to proceed, and that’s not always granted,” Melody explains. “It’s much better to act before those timeframes expire.”

The Emotional and Financial Cost of Waiting

Delays don’t just affect legal outcomes — they take a toll emotionally and financially.

“When issues are left unresolved, tension and uncertainty build,” Melody says. “That can impact children, affect mental health, and prolong financial stress. Early advice helps people understand their rights, responsibilities, and options — even if they’re not ready to make big decisions yet.”

Taking early steps doesn’t mean rushing into conflict. “It’s about getting clarity so you can make informed choices,” she adds. “Often, that clarity actually prevents disputes from escalating.”

A Clear Path Forward

At Wallen Family Law, Melody and her team encourage clients to seek guidance as soon as separation becomes likely — not just after it happens.

“Our process is built to bring calm and structure to what feels overwhelming,” she says. “From an initial fixed-fee consultation, we can map out the stages ahead — whether that means negotiation, mediation, or preparing documentation. The goal is to help you move forward with confidence and avoid unnecessary delay.”

Quick Answers

Why is delay a problem in family law?
Because it can change the status quo in parenting matters and alter the asset pool in property cases, making resolution harder.

What are the time limits to start a property claim?
For married couples, 12 months after divorce. For de facto couples, two years from separation.

Can the Court extend those limits?
Sometimes, but only if you can show hardship or exceptional circumstances. It’s not guaranteed.

Does getting early legal advice mean I have to go to Court?
No. Early advice is about understanding your position so you can reach an agreement sooner and avoid litigation.

What if we’re still working things out?
That’s fine — you can still get advice to understand your options and protect your interests while you do.

From Melody

“Acting early doesn’t mean starting a fight — it means creating clarity. The sooner you understand your position, the more options you have. Family law is easiest to navigate when you deal with issues proactively, not reactively.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

Property Settlement Options

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

For many separating couples, the family home holds deep emotional and financial significance. It’s often where children have grown up and where stability feels most tangible. Understandably, one of the first questions Melody van der Wallen, Principal Lawyer at Wallen Family Law, is asked is: “Do we have to sell?”

“The short answer is no,” Melody explains. “Selling is one option, but not the only one. There are often creative and practical ways to achieve a fair property settlement without putting the family home on the market.”

Refinancing to Retain the Home

The most common alternative to selling is refinancing the property so that one person can keep it and pay out the other’s share.

“This is typically achieved by refinancing the mortgage into one person’s sole name pursuant to property Consent Orders or a Binding Financial Agreement,” Melody says. “It allows one parent to stay in the home, which can be especially important for children’s continuity and sense of security.”

To make this possible, your lawyer and mortgage broker will work together to determine:

• The value of the home

• The equity available

• The amount payable to the other party

• The borrowing capacity of the person keeping the property

“The key is affordability and fairness,” Melody adds. “The person retaining the home must be able to service the loan, and the other party must receive their agreed payout”.

Considering the Bigger Financial Picture

Melody emphasises that property settlements are about the entire asset pool, not just one property.

“We look at the whole financial picture — including superannuation, investments and liabilities — to create a balanced outcome,” she says. “Sometimes one party keeps the home while the other retains more of the cash or super. It’s all about what combination works best overall.”

This flexibility often makes it possible to preserve the home without disadvantaging the other person.

When Selling Might Still Be Necessary

There are times when selling is the most practical or fair outcome.

“If neither person can refinance, or the mortgage is too high for one income, selling might be unavoidable,” Melody explains. “But even then, there are ways to manage the sale process cooperatively.”

Parties can agree on how the sale will occur — such as choice of agent, listing price, and distribution of proceeds — and record those terms in property Consent Orders to ensure transparency.

Protecting the Home During Negotiations

If you’re still living in the property while negotiating, Melody recommends seeking early advice about injunctions or caveats to prevent any unilateral sale or refinance until a settlement is reached.

“This protects everyone’s interests and prevents rash financial decisions while emotions are running high,” she says. “The focus should be on stability and informed decision-making.”

Quick Answers

Do we have to sell the family home in a property settlement?
Not necessarily. If one party can refinance and buy out the other’s share, the home can often be retained.

Can both parties agree that one person keeps the house?
Yes. This can be formalised in Consent Orders or a Binding Financial Agreement to make the arrangement legally binding.

What if I can’t afford to keep the home?
You may need to sell or consider alternative arrangements, such as downsizing or deferring sale until a certain time.

Can the Court force a sale?
Yes, if agreement can’t be reached and the Court considers selling the fairest or most practical option.

How can I protect the property during negotiations?
Your lawyer can seek injunctions or may be able to lodge a caveat depending on your circumstances to stop any unauthorised sale, transfer or refinance while matters are unresolved.

From Melody

“For many families, the home is the anchor point. Keeping it can make emotional and practical sense — but it must also be financially realistic and fair. We work closely with clients to explore all options, from refinancing to structured settlements, so they can move forward with stability and confidence.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

Key Deadlines Explained

When relationships end, it’s natural to want some breathing space before dealing with the legal side of things. But in family law, waiting too long can have real consequences.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, explains that strict time limits apply to both property and maintenance claims. “Once those timeframes expire, you may lose your right to make a claim altogether — or need special permission from the Court to proceed,” she says. “That permission isn’t always granted.”

The Time Limits You Need to Know

Under the Family Law Act 1975 (Cth), different deadlines apply depending on whether you were married or in a de facto relationship.

For married couples:
You have 12 months from the date your divorce becomes final to commence property settlement or spousal maintenance proceedings.

For de facto couples:
You have two years from the date of separation to file your application.

“These limits apply even if you’ve been separated for years but only recently divorced,” Melody explains. “People are often caught out by that. The divorce date, not the separation date, triggers the 12-month clock for married couples.”

Why the Court Imposes Deadlines

Family law encourages people to finalise financial matters promptly, while evidence is still clear and assets can be properly valued.

“Delays create uncertainty and often cause disputes about what existed at separation versus what exists now,” Melody says. “Assets can be spent, sold, or changed in value. Early resolution protects everyone.”

If an application is made outside the time limit, you’ll need to ask the Court for permission — called leave to proceed out of time.

“The Court will only grant leave if you can show hardship or exceptional circumstances,” she adds. “That’s not a given. It’s much easier to protect your position by acting within time.

Time Limits in Parenting Matters

While there’s no strict deadline to file parenting proceedings, delay can still affect the outcome.

“The Court looks at what arrangements have become the child’s routine,” Melody explains. “If an informal pattern has continued for a long time, the Court may be reluctant to disrupt it unless there’s a compelling reason.”

That’s why early advice is equally important in parenting matters — to preserve options and ensure your position is clearly documented.

Acting Within Time Doesn’t Mean Going to Court

Many people avoid seeking advice early because they don’t want to start a legal battle. Melody says this is a common misunderstanding.

“Getting legal advice within time simply keeps your options open. You can still negotiate, mediate or formalise your agreement through Consent Orders without stepping foot in a courtroom.”

She adds that Wallen Family Law offers structured, fixed-fee pathways to help clients meet key deadlines calmly and confidently.

Quick Answers

How long do I have to start a property settlement?
For married couples, 12 months after divorce. For de facto couples, two years after separation.

What if I miss the deadline?
You must apply to the Court for permission to proceed out of time, and it’s only granted in limited circumstances.

Do time limits apply to parenting matters?
Not formally, but long delays can still impact what the Court considers in the child’s best interests.

Can I still negotiate without going to Court?
Yes. You can reach an agreement through negotiation or mediation and formalise it by Consent Orders or a Binding Financial Agreement.

Why should I get advice early?
To protect your legal rights and avoid missing deadlines that could prevent you from making a claim later.

From Melody

“Time limits in family law are strict for a reason — they bring clarity and finality. Acting within those timeframes doesn’t mean rushing into conflict; it means giving yourself options and control. The earlier you get advice, the smoother and safer your path forward will be.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

How We Take Control and Our Experience Dealing with These Types of Ex-Partners

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Separation from a partner who displays traits of narcissism or coercive control can be one of the most challenging situations in family law.

These matters often involve power imbalances, manipulation, or emotional and financial control — and require a steady, strategic legal approach.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says these dynamics are more common than people realise.
“Clients often come to us feeling exhausted, intimidated, or doubting their own reality,” she explains. “Our role is to help them regain control — both legally and emotionally — by putting structure, boundaries and protection in place.”

Understanding Coercive Control

Coercive control refers to a pattern of behaviour designed to dominate or isolate another person.

It can include:

• Monitoring communications or finances

• Controlling social contact or movement

• Intimidation, threats, or persistent criticism

• Withholding money, affection, or access to children

• Manipulating legal or court processes to maintain control

“In family law, this behaviour often continues after separation,” Melody says. “That’s why it’s essential to have a lawyer who understands these patterns — so we can identify them early and protect you from further harm.”

Our Approach to High-Conflict Personalities

At Wallen Family Law, Melody and her team use calm, evidence-based strategies to manage matters involving narcissistic or controlling ex-partners.

“We don’t engage in their chaos,” she says. “We create a plan that reduces their opportunities for control. That might mean using written communication only, setting clear timelines for responses, and ensuring court orders leave no room for ambiguity.”

Their process focuses on reducing emotional triggers while keeping progress steady.
“Our table is round,” Melody explains. “That means we bring calm and structure to situations that feel unpredictable. Every step we take is intentional — designed to protect you, reduce risk, and move things forward.”

Protecting Yourself Legally and Practically

Melody emphasises that these cases often need layered protection — both through the family law system and, where necessary, through domestic violence orders.

“If there are patterns of intimidation, stalking, or threats, we can help you apply for an Apprehended Domestic Violence Order (ADVO) or equivalent protection,” she explains. “At the same time, we structure your family law matter — whether parenting or property — so that your ex’s opportunities for ongoing manipulation are limited.”

This might include:

• Orders for communication to occur only in writing or through parenting apps

• Clearly defined parenting arrangements and changeover procedures

• Financial settlements that reduce dependence or shared control

• Protective mechanisms such as Watchlist orders or injunctions where needed

How We Support You Through the Process

“These clients need more than just legal documents — they need clarity and a steady advocate,” Melody says.
Her team works closely with counsellors, psychologists, and financial advisors to support clients through the emotional and practical impacts of separation from a coercive or narcissistic partner.

“Our role is to take the emotion out of their tactics,” she adds. “We focus on facts, patterns, and evidence — not arguments. When your ex thrives on reaction, the most powerful response is calm progress.”

Quick Answers

What is coercive control?
A repeated pattern of behaviour that isolates, intimidates, or dominates another person — emotionally, financially, or psychologically.

Can I get legal protection from coercive behaviour?
Yes. You can apply for an ADVO or equivalent, and your lawyer can seek specific orders in parenting or property proceedings to protect your safety.

How does Wallen Family Law handle narcissistic ex-partners?
By using clear communication boundaries, firm procedures, and strategic planning to remove opportunities for manipulation.

Can mediation still work in these cases?
Sometimes — but only with appropriate safeguards. In high-control cases, we often recommend shuttle mediation or lawyer-assisted negotiation to ensure your safety and balance of power.

What’s the most important first step?
Seek advice early. The right legal framework protects your safety, stabilises communication, and limits further emotional harm.

From Melody

“When you’ve lived with coercive control or a narcissistic partner, separation can feel like another battlefield. Our job is to calm the noise, protect your safety, and create a structured path forward. We help you regain control — legally, emotionally, and practically — so you can rebuild your life with confidence.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

How the Court Finds the Truth

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Few things are more distressing than seeing untrue statements about you in family law proceedings.
Whether it’s an exaggerated affidavit, false allegation, or selective version of events, it can feel deeply unfair — especially when your integrity is questioned.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says this is a concern raised in almost every high-conflict matter.

“It’s confronting when someone you once trusted is telling a completely different story in their court material,” she says. “But the important thing to remember is that the Court has well-established processes for testing the truth.”

How the Court Tests Evidence

In family law, the Court doesn’t accept every claim at face value. Judges make decisions based on evidence, not emotion.

“The Court looks for corroboration — that means supporting material, consistency across documents, and whether a person’s account holds up under cross-examination,” Melody explains. “If something doesn’t add up, it will usually come to light.”

Evidence may include:

• Independent documents such as school records, financial statements or text messages

• Reports from experts (for example, psychologists, family consultants, or property valuers)

• Testimony from third parties

• Objective timelines or factual inconsistencies

“Experienced judges see thousands of cases,” Melody adds. “They are very good at identifying patterns of exaggeration, manipulation or deceit.”

Staying Credible Is Your Best Strategy

When facing dishonest claims, the natural response is to want to fight fire with fire — but Melody says this is rarely effective.

“The most powerful thing you can do is stay calm and credible,” she explains. “The Court values consistency, honesty and measured responses. If your evidence is clear, factual, and supported by documentation, it speaks for itself.”

At Wallen Family Law, the team helps clients present their material in a way that demonstrates reliability and transparency.

“That includes checking your affidavit for accuracy, cross-referencing timelines, and ensuring your story is supported by independent evidence,” Melody says. “You don’t need to shout to be believed — you just need to be precise.”

Addressing False Allegations

False or exaggerated allegations can have serious consequences, particularly in parenting matters.
“The Court is alert to the possibility of false claims used as leverage,” Melody says. “But it also takes most allegations seriously until tested.”

This is why proper evidence — rather than emotional reaction — is key.

“We help clients gather and present information systematically, so the truth is revealed through the process,” she adds. “If necessary, we can also request subpoenas or expert reports to verify key details.”

Perjury and Misleading the Court

Making deliberately false statements under oath is a serious offence known as perjury. While prosecutions are rare, the Court can and does draw adverse inferences about a person’s credibility.

“If a party is caught lying, their entire case can be undermined,” Melody explains. “A judge who finds a witness unreliable may discount their evidence entirely. Credibility is everything in family law.”

Quick Answers

What happens if my ex lies in their affidavit?
The Court will assess all evidence and look for inconsistencies. False claims often unravel under questioning or when compared to documents.

Can I prove they’re lying?
Yes — through evidence, cross-examination, and documentation that contradicts their version of events.

Will the Court punish them for lying?
Possibly. The Court can issue cost orders, draw negative inferences, or in extreme cases refer the matter for perjury investigation.

What should I do if I’m accused unfairly?
Stay calm and focus on presenting the truth. Gather documentation, avoid emotional responses, and let your lawyer handle the legal rebuttal.

How do I protect my credibility?
Be completely honest in all your material — even about details that don’t favour you. Judges value transparency and consistency above all.

From Melody

“When someone lies in family court, it feels personal — but the process is designed to uncover the truth. Our role is to keep you steady, focus on the evidence, and ensure your story is presented clearly and credibly. In the end, facts carry more weight than emotion.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

When relationships end, many fathers worry that the system is stacked against them. It’s a concern Melody van der Wallen, Principal Lawyer at Wallen Family Law, hears often.

“Fathers come to us feeling like they’ve already lost before they’ve begun,” she explains. “They’ve heard stories from friends or online about dads being pushed aside, and they just want to know if they’ll get a fair go.”

The truth, she says, is that family law in Australia is not about mothers’ rights or fathers’ rights — it’s about the best interests of the child. “That’s the core principle. And helping fathers means helping them demonstrate that their involvement is vital to their children’s wellbeing.”

The Law Is Gender-Neutral

The Family Law Act 1975 (Cth) does not presume that mothers are better carers or that children should live primarily with a Mother.

“The Court looks at two primary considerations: the benefit to the child of having a meaningful relationship with both parents, and the need to protect the child from harm,” Melody says. “Both matter — and the Court balances them carefully.”

She adds that the law recognises fathers as equally capable parents. “The challenge is not the law itself — it’s navigating perception, evidence and communication in a way that supports your case.”

How We Support Fathers Step-by-Step

Wallen Family Law provides strategic, structured support to help fathers protect their relationship with their children and reach practical, long-term arrangements.

1. Early advice and clear goals

“We start by understanding your current relationship with your children, your work and living arrangements, and what’s realistic,” Melody says. “We then map out a step-by-step strategy to reach that outcome.”

2. Child-focused proposals

Fathers often gain strength in their case by focusing on what benefits the children, not what punishes the other parent. “When proposals show that dad is reliable, consistent and supportive of the child’s relationship with both parents, the Court takes that seriously.”

3. Managing communication and conflict

Melody’s team helps clients communicate effectively with their ex-partner — often through parenting apps or structured correspondence — to avoid misunderstandings or escalation.

4. Preparing strong evidence

“We help you gather the right material — school involvement, daily routines, messages, and examples of stability,” Melody explains. “Judges value practical evidence over emotion.”

When False Allegations Arise

In some cases, fathers face false or exaggerated allegations that affect their time with their children.

“It’s devastating, but not uncommon,” Melody says. “Our role is to respond calmly and strategically — ensuring that evidence, expert reports, and cross-references expose inconsistencies without inflaming conflict.”

She adds that judges are highly experienced in identifying manipulation or hostility. “Credibility and patience win these cases — not aggression.”

Beyond Court: Resolution and Rebuilding

Many of Wallen Family Law’s father clients reach resolution without ever going to trial.

“Through negotiation, mediation or Consent Orders, we help dads secure stable, sustainable parenting arrangements,” Melody explains. “And where litigation is necessary, we’re fully prepared to advocate firmly and respectfully in court.”

For Melody and her team, helping fathers is about long-term stability — not just winning orders. “We want our clients to walk out not only with clarity, but also with a co-parenting structure that actually works for their children.”

Quick Answers

Does the law favour mothers?
No. The Family Law Act is gender-neutral. The Court focuses on what is in the best interests of the child.

Can fathers get equal time?
Sometimes, yes — but only where it’s practical and in the child’s best interests. It depends on factors like distance, work schedules and communication.

What if the mother won’t agree to time?
You can apply to the Court for parenting orders. The Court will assess the situation objectively and can order regular time or shared care.

What if there are false allegations?
Stay calm and provide clear, factual evidence. Your lawyer can help you respond strategically and demonstrate your reliability.

Can mediation work for fathers?
Yes — especially when approached with a child-focused mindset and clear proposals.

From Melody

“Fathers play a vital role in their children’s lives, and the law recognises that. Our job is to help dads navigate the system with clarity, evidence and confidence — so they can maintain or rebuild stable, loving relationships with their children.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Many people wait until after they’ve separated to speak with a lawyer — but getting legal advice beforehand can often save enormous stress, time, and cost later.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says early advice helps clients make informed choices from the start. “You don’t have to be ready to separate to benefit from legal advice,” she explains. “Sometimes that first conversation is simply about understanding your rights, your options, and what the road ahead could look like.”

When emotions are running high, having clarity about what’s legally possible can bring calm to an otherwise uncertain situation. “Once people know their legal position, they can make decisions with confidence instead of fear,” Melody adds.

Avoiding Common Mistakes

Acting on impulse — moving out, transferring money, or changing arrangements with the children — can have lasting consequences.

“We often see clients who’ve already made big changes before getting advice, and unfortunately it limits their options later,” Melody says. “A short consultation early on can prevent long-term complications.”

Early advice helps you understand how the law treats property, finances and parenting responsibilities. It can guide how to manage joint accounts, preserve evidence, or approach conversations with your former partner in a way that won’t harm your position.

Planning Financially and Emotionally

Separation involves both practical and emotional steps. Melody explains that being prepared financially makes a huge difference.

“Before separation, you can start thinking about budgets, housing, and what your new household might look like,” she says. “That preparation gives you control, rather than reacting to decisions someone else has already made.”

Wallen Family Law offers clients structured, confidential consultations — including fixed-fee options — to help map out a safe and realistic plan before separation occurs.

“We take the pressure off,” Melody says. “It’s not about pushing you to separate — it’s about helping you understand what’s ahead, so you can take the next step when you’re ready.”

Parenting Considerations

For parents, early legal advice helps ensure arrangements support the children’s best interests from day one.

“If one parent leaves suddenly with the children or changes access without agreement, it can create unnecessary conflict,” Melody explains. “Having advice early means you can manage those transitions carefully, so the focus stays on the children’s wellbeing.”

Quick Answers

Why should I get advice before separating?
Because it helps you understand your rights, options and responsibilities before any decisions are made that could impact your legal position.

Does getting advice mean I have to leave my partner?
No. You can get confidential advice at any stage, even if you’re unsure what you want to do next.

What will a lawyer tell me before separation?
We’ll explain your likely entitlements, how property and parenting laws work, and the steps to protect yourself financially and emotionally.

Can I prepare for separation without starting a legal fight?
Yes. Early legal advice is about clarity and calm — not confrontation. It helps you avoid unnecessary disputes later.

What should I bring to my first appointment?

Any relevant financial documents, notes about your situation, and questions you want answered. Even basic details help shape clear next steps.

From Melody

“Separation is never easy, but being informed makes all the difference. Getting advice early doesn’t end a relationship — it empowers you to make decisions safely and confidently.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

When couples separate, reaching an agreement can feel overwhelming — especially when emotions are high or communication has broken down.

Family law mediation offers a structured, private and cost-effective way to resolve parenting and property disputes without going to court.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says mediation is often the most productive first step. “It gives both people a voice and helps them shape their own outcome,” she explains. “That’s almost always better than having a judge make decisions for you.”

What Is Family Law Mediation?

Mediation is a voluntary process where an independent and accredited mediator helps the parties discuss their issues and reach agreement.

The mediator doesn’t take sides or make decisions. Their role is to facilitate calm, productive communication and guide the discussion toward practical solutions.

“Think of it as a structured conversation with a neutral person keeping it fair and focused,” Melody says. “You’re still in control of the outcome.”

How the Process Works

Each party attends the mediation — often with their lawyer — and talks through key issues such as parenting arrangements, property division or financial matters.

The mediator sets ground rules for respectful dialogue and ensures each person has an opportunity to speak.

Agreements reached in mediation can then be made legally binding through Consent Orders or a Binding Financial Agreement.

“We help our clients prepare thoroughly before mediation,” Melody explains. “That includes clarifying goals, gathering documents and planning how to communicate effectively. Preparation is what makes the difference”.

When Mediation Is Required

In most parenting cases, mediation is a legal requirement before applying to the Federal Circuit and Family Court of Australia.

This step is known as Family Dispute Resolution (FDR). After attending FDR, the practitioner issues a Section 60I Certificate, confirming whether an attempt was made to resolve the matter.

“It’s not just a procedural box-tick,” Melody says. “It’s often the best opportunity to reach an outcome quickly and without the cost or stress of litigation.”

Benefits of Mediation

• Faster and less expensive than court proceedings

• Confidential and private

• Keeps decision-making in your hands

• Reduces conflict and preserves co-parenting relationships

• Encourages creative, tailored solutions

“When people reach an agreement through mediation, they’re far more likely to stick to it,” Melody explains. “That’s because it’s their agreement — not something imposed on them.”

When Mediation May Not Be Suitable

Mediation may not be appropriate in cases involving family violence, coercive control, or significant power imbalances.

In those situations, other processes such as lawyer-assisted negotiation, or court intervention may be safer and more effective.

“Our role is to assess which path gives our clients the best balance of safety, fairness and progress,” Melody says. “Mediation works beautifully when it’s used in the right circumstances.”

Quick Answers

What is family law mediation?
A voluntary, confidential process where a neutral mediator helps separating couples resolve disputes without going to court.

Is mediation the same as counselling?
No. Counselling focuses on emotional issues. Mediation focuses on practical solutions to legal and parenting matters.

Do I need a lawyer at mediation?
It’s not mandatory, but highly recommended. Your lawyer can help you prepare, keep discussions on track and formalise any agreement reached.

What if we can’t agree at mediation?
You’ll receive a Section 60I Certificate (in parenting cases), allowing you to apply to the Court if needed.

Can property matters also be mediated?
Yes. Mediation works for both parenting and financial matters and can save months of legal fees compared to litigation.

Do I have to be in the same room as my ex?
No. We conducted the majority of our mediations as a “shuttle mediation”. This means, the mediator moves between two rooms to facilitate the exchange of proposals.

From Melody

“Mediation gives people a chance to resolve conflict with dignity. It’s calm, private and empowering — and with the right preparation, it can turn a difficult separation into a manageable process.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

When relationships end, it’s not uncommon for one person to worry that the other is hiding or moving money, selling property, or spending joint savings before the asset pool is divided.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says concerns like these are raised in almost every property matter. “People often tell me their ex has emptied an account or bought something extravagant post separation,” she explains. “They want to know whether that money can be added back into the pool.”

What Are Add-Backs?

Traditionally, add-backs were used by the courts to notionally “add back” money or assets that one party had dissipated — for example, through reckless spending, paying legal fees from joint funds, or giving money to family or friends.

The idea was to treat that money as if it still existed, so that the other party wasn’t unfairly disadvantaged.

“For many years, add-backs were a common feature in property cases,” Melody says. “But the law has shifted significantly.”

The New Approach — Add-Backs Are Largely Dead

Recent case law has made it clear that traditional add-backs are gone, meaning the court will not addback lump sums of spent money into the asset pool.

“The reasoning is that once money is gone, it’s gone,” Melody explains. “The Court can’t divide something that no longer exists.”

Rather than adding the funds back into the pool, the Court may instead adjust the overall percentage division to recognise one party’s premature or wasteful use of assets.

“In other words,” Melody says, “the Court might not ‘add back’ the money — but it can still compensate the other party through an adjustment in their favour.”

How the Court Deals With Hidden or Moved Assets Now

Each party has a strict legal duty to make full and frank disclosure of all assets, liabilities, and financial resources. Failure to do so can lead to serious consequences.

“If a party has concealed assets, the Court can draw adverse inferences about their honesty and make an award that assumes they’re worth more than what they’ve disclosed,” Melody explains.

Subpoenas, bank records, business documents and forensic accounting can all be used to track missing money or identify unexplained transactions.

“Transparency is everything,” Melody says. “Once you start hiding things, the Court will assume the worst — and that can seriously backfire.”

What You Can Do If You Suspect Hidden Assets

If you believe your former partner has moved or spent money improperly, early legal advice is crucial.

“We can act quickly to preserve property or obtain disclosure orders,” Melody explains. “In urgent cases, the Court can even freeze (injunct) assets to stop them being sold or transferred.”

Documentation is key — including bank statements, loan records, text messages or anything showing the timing and purpose of a transaction.

“The sooner you seek advice, the easier it is to trace what’s happened,” she adds.

Quick Answers

Are add-backs still used today?
No. The courts have moved away from add-backs. Instead, judges may adjust the final percentage division to account for wasteful or premature spending.

What happens if my ex hides assets?

They have a duty to make full disclosure. The Court can draw negative inferences, order disclosure, or adjust the division in your favour.

Can the Court freeze assets if I’m worried money will disappear?

Yes. Urgent injunctions can be sought to stop property from being sold or transferred until the matter is resolved.

What should I do if I suspect assets have been moved?
Gather as much documentation as possible and seek legal advice quickly. Early action increases the chances of recovery or compensation.

From Melody

“The days of add-backs as a standard remedy are over. If something’s been hidden or spent, the Court looks at behaviour and adjusts accordingly — but it won’t pretend the money still exists. That’s why early, strategic legal advice is so important.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

Reaching an agreement after separation is a huge step forward — but until it’s made legally binding, it may not be enforceable.

Many people don’t realise that informal or verbal agreements can fall apart later, even after months of cooperation.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says this is one of the most common issues she sees. “People often tell me they’ve agreed on everything, and that’s great — but if it’s not formalised properly, either person can change their mind at any time,” she explains.

Why Formalising Matters

Formalising your agreement ensures it is recognised and enforceable under the Family Law Act 1975 (Cth).

It provides clarity, protects both parties, and prevents future disputes about what was said or promised.

“Even the most amicable separations can go off track if the agreement isn’t properly documented,” Melody says. “Once it’s formalised, you both have certainty and closure.”

Two Main Ways to Formalise an Agreement

In family law, agreements can be made binding in two main ways — through Consent Orders or a Binding Financial Agreement (BFA).

“They both make the outcome legally enforceable,” Melody explains, “but they’re used slightly differently.”

Consent Orders are approved by the Federal Circuit and Family Court of Australia. They can cover both parenting and property arrangements.

Once approved, they have the same legal effect as if a judge made the orders after a hearing — but without going to court.

Binding Financial Agreements are private contracts that can deal with property division or spousal maintenance.

Each person must have independent legal advice for a BFA to be valid. “If that advice isn’t properly documented, the agreement won’t hold up,” Melody notes.

Parenting Agreements vs Parenting Orders

Parents can record arrangements in a Parenting Plan or apply for Parenting Orders by consent.

A Parenting Plan is flexible but not legally enforceable. Parenting Orders are binding and can be enforced if one parent doesn’t comply.

“If you want security and accountability, formal orders are the safer option,” Melody says. “They protect both parents and the children by removing uncertainty.”

What Happens if You Don’t Formalise It?

Without formal Consent Orders or a Binding Financial Agreement, your arrangement is only based on goodwill.

Either party could later bring a claim seeking a different division of assets subject to time limits or a change in parenting time.

“It’s heartbreaking when someone assumes everything is settled, only to be served with new proceedings years later,” Melody says. “Formalising the agreement prevents that from happening.”

Quick Answers

What’s the difference between Consent Orders and a Binding Financial Agreement?
Consent Orders are approved by the Court and can include parenting and property matters. A Binding Financial Agreement is a private contract covering financial issues only.

Do we both need lawyers?
For Consent Orders, it’s not mandatory — but strongly recommended. For a Binding Financial Agreement, both parties must have independent legal advice.

Can we apply for Consent Orders ourselves?
Yes, but most people use a lawyer to ensure the documents meet all legal requirements and won’t be rejected by the Court.

Are Parenting Plans enforceable?
No. They’re useful as a guide but can’t be enforced by the Court. Parenting Orders, however, are binding.

Why should we formalise if we already agree?
Because circumstances change. Formalisation gives you protection, clarity and closure — ensuring your agreement stands the test of time.

From Melody

“Reaching agreement is a positive step — but formalising it is what gives you peace of mind. It transforms goodwill into legal security, protecting both you and your family for the future.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

When couples separate, both parties have a legal duty to provide complete and honest financial disclosure.

This means sharing details of all assets, liabilities, income and financial resources — not just the ones in your own name.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says full disclosure is the cornerstone of any fair property settlement. “You can’t divide what you don’t know exists,” she explains. “The law requires transparency from both sides so that negotiations and settlements are based on truth, not guesswork.”

What Full and Frank Disclosure Means

Under the Family Law Rules 2021, both parties must exchange documents showing their entire financial position.

That includes bank statements, tax returns, superannuation, business records, trusts, loans, property valuations and any other financial interests.

“Disclosure isn’t optional or selective,” Melody says. “It covers everything — including assets you control through companies or family trusts”,

Failure to comply can lead to serious consequences, including cost penalties.

When One Party Refuses to Disclose

If one person withholds documents or provides incomplete information, your lawyer can take steps to compel disclosure.

That may include issuing a Notice to Produce, filing Subpoenas to banks or employers, or seeking Orders for Discovery through the Court.

“The Court takes non-disclosure seriously,” Melody explains. “If someone hides assets, the judge can draw adverse inferences — assuming they’re worth more than what they admit to — and divide property accordingly.”

In extreme cases, the Court can set aside previous orders and reopen the case based on failure to provide full financial disclosure.

How Hidden Assets Are Found

Lawyers use multiple tools to uncover concealed assets — from tracing bank transfers and reviewing company structures to engaging forensic accountants or valuers.

“We follow the paper trail,” Melody says. “Money always leaves clues — and experienced practitioners know where to look.”

The Court has broad powers to ensure justice is done, even if someone attempts to move, spend or hide money before settlement.

Why Honesty Protects You

Melody emphasises that honesty is not only a legal duty but also a strategic advantage.

“Clients who disclose everything upfront move faster, spend less on legal fees and reach stronger, more sustainable settlements,” she explains. “Concealment delays progress and almost always backfires.”

Full disclosure also builds credibility with the Court and can influence how the judge views your reliability as a witness.

Quick Answers

What if my ex won’t give me their financial documents?
Your lawyer can issue subpoenas or apply for court orders compelling disclosure. The Court can also impose cost penalties for non-compliance.

Can I get access to their bank or superannuation records?
Yes. With proper legal process, the Court can order banks, super funds and employers to release relevant documents via subpoena.

Do I still have to disclose everything if they don’t?
Yes. Your obligation is independent of theirs. Being transparent protects you and strengthens your position.

Can hidden assets be found?
Almost always. Through subpoenas, expert analysis and careful investigation, undisclosed assets are often uncovered.

From Melody

“Full disclosure is the foundation of fairness. If someone’s hiding assets, the Court has the tools — and the will — to uncover the truth. The best thing you can do is stay transparent, stay calm and let the process work.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law

with Melody van der Wallen, Principal Lawyer at Wallen Family Law

For many families, the family business is both a livelihood and a legacy — which makes it one of the most sensitive assets to deal with during separation.

Questions often arise about who keeps the business, how it’s valued, and whether it has to be sold.

Melody van der Wallen, Principal Lawyer at Wallen Family Law, says these cases require careful handling. “A business isn’t like a house or a bank account,” she explains. “It’s dynamic, and its value depends on the people running it.”

Businesses Are Part of the Asset Pool

Under the Family Law Act 1975 (Cth), all assets owned by either party — including companies, trusts and business interests — form part of the asset pool to be divided.

This means that even if a business is registered in one partner’s name, it’s still taken into account when assessing the total property available for division.

“The Court looks beyond whose name it’s in,” Melody explains. “If both partners contributed — financially or non-financially — it forms part of the overall settlement.”

How a Business Is Valued

Business valuation is a critical step in determining the overall asset pool.

A qualified business valuer is often engaged to provide an independent valuation, taking into account assets, income, goodwill and liabilities.

“We always recommend using a single expert jointly appointed by both parties,” Melody says. “It saves time, cost and reduces argument over competing figures.”

The valuation reflects what the business would be worth if sold on the open market — but that doesn’t mean it has to be sold.

Keeping or Dividing the Business

Once the value is known, there are a few ways to divide it fairly.

One person may retain the business and pay the other their share through a cash adjustment, refinance or transfer of other assets such as property or superannuation.

Alternatively, both parties may agree to sell the business and divide the proceeds.

“In most cases, the Court prefers to let the party most capable of running the business keep it,” Melody explains. “That preserves its value and ensures continuity for employees and customers.”

Where the parties can cooperate, transitional arrangements may also be negotiated — such as one person stepping out gradually or remaining in an advisory role for a short period.

Companies and Trust Structures

If the business operates through a company or trust, the Court examines how those entities are controlled.

“Control is key,” Melody says. “The Court looks at who actually makes the decisions — not just who’s listed as a director or beneficiary.”

Complex structures involving family trusts, shareholder loans or related entities require detailed financial disclosure and may require assistance from a jointly appointed expert like an accountant to ensure all assets are properly identified.

What If You Both Work in the Business?

When both partners work in the business, separation can become especially challenging.

“It’s often not realistic to keep working together long-term,” Melody explains. “We help clients plan a transition that protects the business while allowing each person to move forward.”

This may include interim agreements about income, roles or management responsibilities until the final settlement is reached.

Quick Answers

Is my business included in the property settlement?
Yes. All business interests form part of the asset pool, regardless of whose name they’re in.

Does the business have to be sold?
Not necessarily. One party can often keep the business and pay out the other’s share, or offset it against other assets.

How is a business valued?
An independent expert (usually a business valuer) determines its market value based on assets, earnings, goodwill and liabilities.

What if the business is in a company or trust?

The Court looks at control — who effectively manages and benefits from it — not just ownership on paper.

Can I keep working with my ex in the business?
Sometimes temporarily, but it’s rarely sustainable long-term. Clear agreements or staged exits are often necessary.

From Melody

“Businesses are more than numbers — they’re built on years of effort and sacrifice. Our job is to protect that value while achieving fairness for both parties, so you can move forward with stability and confidence.”

– Melody van der Wallen, Principal Lawyer, Wallen Family Law