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