- Divorce
- Parenting
- Separation
When you need a family lawyer and when you don’t.
Umbrella Family Law • June 11, 2025
When people experience relationship breakdowns, they often assume they need a family lawyer – but in some cases, another professional (or even a different type of lawyer) is better suited to help.
In Australia, family lawyers primarily handle issues relating to divorce, property settlements, parenting arrangements, spousal maintenance, and family violence matters. But what about situations that involve wills, debts, business disputes, or informal agreements?
To help you figure out whether you actually need a family lawyer, we’ve outlined some common scenarios – both when you do and don’t need one.
When You Think You Need a Family Lawyer – But Don’t
- Changing Your Will or Estate Planning
Who you actually need: A wills and estates lawyer
If you’ve separated and want to update your will, power of attorney, superannuation beneficiaries, or estate plan, a wills and estates lawyer is the right professional. Family lawyers don’t typically handle estate planning. - Property Disputes with a Sibling, Parent, or Friend
Who you actually need: A civil litigation lawyer or an estate lawyer (if someone has died)
Family lawyers only handle property settlements between separating couples. If you’re in a dispute over inheritance, a joint investment, or ownership of a property with someone who isn’t your ex-partner, a civil litigation or estate lawyer is better suited. - Business Ownership Disputes
Who you actually need: A commercial lawyer
If you and your ex-partner co-own a business, a family lawyer can help determine how it factors into a property settlement. However, if you’re arguing with someone who is not your spouse or ex over business agreements, shareholding, or company disputes, a commercial lawyer is the right choice. - Rental Disputes (Even if It’s With an Ex)
Who you actually need: A tenancy lawyer or a tenancy tribunal
If you and your ex-partner were renting together and there’s a dispute with the landlord or agent over the lease, bond, or eviction, this is a matter for consumer affairs or a tenancy lawyer – not a family lawyer. - Debt or Bankruptcy Issues
Who you actually need: A bankruptcy or financial lawyer – in addition to a family lawyer if you are separated
If you’re struggling with debt post-separation, a family lawyer can advise on financial settlements but won’t handle debt collection, bankruptcy, or credit disputes. A financial or bankruptcy lawyer is the right professional. - Mediation Without Legal Representation
Who you actually need: A Family Dispute Resolution (FDR) practitioner
If you and your ex are on amicable terms and just need help negotiating parenting or property arrangements, you may not need a lawyer at all! In Australia, Family Dispute Resolution (FDR) is a required first step before applying to court for parenting matters. We strongly advise that you speak to a family lawyer before and after mediation.
When You DO Need a Family Lawyer
- Divorce and Separation
When you need a family lawyer: If you’re legally married and want to file for divorce in Australia, a family lawyer can help ensure the process runs smoothly. While the divorce itself is separate from property settlements and parenting matters, it’s often a key step in formalising the end of a relationship. - Property Settlements & Asset Division
When you need a family lawyer: If you and your ex own property, businesses, superannuation, or significant assets, a family lawyer ensures the division is fair and legally binding. Even if you agree, you should formalise the settlement with a Consent Order or Binding Financial Agreement. - Parenting Arrangements and Custody Disputes
When you need a family lawyer: If you and your ex can’t agree on parenting arrangements, schooling, or living arrangements, a lawyer can help negotiate an agreement or apply for Parenting Orders in the Family Court. - Spousal Maintenance Claims
When you need a family lawyer: If you need financial support after separation (or are defending against a claim), a family lawyer can advise if you qualify for spousal maintenance and assist with applications. - Family Violence & Intervention Orders (IVOs)
When you need a family lawyer: If you are experiencing domestic violence or coercive control, a family lawyer can help apply for an Intervention Order (IVO) or seek urgent court orders for safety. - Binding Financial Agreements (Prenups & Postnups)
When you need a family lawyer: If you want to protect assets before, during, or after a relationship, a family lawyer can draft a Binding Financial Agreement (BFA)—commonly known as a prenup.
Not sure who to call? Here’s a simple way to decide:
Does it involve divorce, parenting, property settlements, or spousal maintenance? → Yes? A family lawyer is your best bet.
Does it involve wills, business disputes, rental issues, or debt? → You may need a different type of lawyer.
Can it be resolved through mediation or financial planning instead? → A lawyer may not be necessary at all (but is still advisable)!
If you are still unsure, call our friendly team on 03 9279 6800 or email theteam@umbrellafamilylaw.com.au and we will steer you in the right direction.