How to Apply for a Family Violence Intervention Order (IVO)

If you are experiencing family violence and need protection, a Family Violence Intervention Order (IVO) can help. An IVO is a legal order made by a Magistrate to help keep you safe from a family member’s harmful or threatening behaviour.

Applying for an IVO

You don’t need to attend court in person to apply for an IVO. The application process can be completed online through the Magistrates’ Court of Victoria website. The online form is simple and confidential, allowing you to begin the process at a time that’s safe for you.

If You’re Not Safe to Apply Online

If you’re in immediate danger or don’t feel safe completing the form yourself, you have options:

• Police Assistance: The police can apply for an IVO on your behalf. This can happen quickly, especially in urgent situations.

• Legal Support: The team at Respect Legal is here to help you through the application process. We can explain your rights, prepare the necessary documents, and ensure you feel supported every step of the way.

Need Help?

If you’re unsure about the process or need someone to talk to, don’t hesitate to reach out. You are not alone, and support is available.

What Is an Asset Pool in Family Law?

When a relationship ends, one of the key steps in resolving financial matters is identifying the asset pool. In family law, the asset pool refers to the total value of all assets and liabilities belonging to both parties.

What’s Included in the Asset Pool?

The asset pool takes into account:

• Assets owned before the relationship

• Assets acquired during the relationship

• Assets or liabilities accumulated after separation

This includes property, savings, superannuation, debts, businesses, vehicles, and other financial resources.

Simple or Complex?

For some couples, identifying the asset pool is straightforward. For others—particularly those with businesses, trusts, or overseas assets—it can be much more complex.

Common Questions

• What should be included in the asset pool?

• How are assets and liabilities valued?

• What happens after the asset pool is determined?

These are important questions that can affect your financial future. Getting legal advice can help ensure your interests are protected and that the division of assets is fair and legally sound.

Need Guidance?

Whether your financial situation is simple or complex, our team at Respect Legal is here to help you understand your rights and navigate each step with confidence.

Am I Eligible for Spousal Maintenance?

Following a separation, one partner may be entitled to receive spousal maintenance—a financial payment from the other person—to help support their living expenses.

What Is Spousal Maintenance?

Spousal maintenance is designed to provide financial assistance when one person is unable to adequately support themselves after a relationship ends. It can apply to both married and de facto couples.

Importantly, spousal maintenance is different from child support or parenting payments. It is specifically intended to support an ex-partner, not to cover the costs of raising children.

How Is Eligibility Determined?

The court considers a range of factors when deciding whether spousal maintenance should be paid and how much:

• Each person’s income and earning capacity

• Age and health of both parties

• Financial needs and obligations

• Whether either party is caring for a child under 18

• The standard of living during the relationship

What Should You Do Next?

If you’re unsure whether you’re eligible—or if you may need to pay spousal maintenance—legal advice can help you understand your rights and obligations.

We’re Here to Help

At Respect Legal, we can assess your individual circumstances and guide you through the process with clarity and compassion.

How Do We Document a Property Settlement?

When a marriage or de facto relationship ends, finalising how property, assets, and debts will be divided is a key step. If you and your former partner are able to reach an agreement, there are two main ways to legally document your property settlement.

1. Binding Financial Agreement (BFA)

A Binding Financial Agreement allows both parties to agree on how property and finances will be divided without going to court.

• Each person must have their own independent lawyer to provide legal advice.

• The agreement does not need to be just and equitable, but both parties must fully understand their rights before signing.

• BFAs can be used before, during, or after a relationship.

2. Consent Orders

Consent Orders are made when both parties agree on the terms and want them to be approved by the court.

• A lawyer is required to help prepare the necessary documents.

• The court will only approve the orders if the division of property is considered just and equitable.

• Once approved, Consent Orders are legally binding and enforceable.

3. Court-Ordered Property Settlement

If you can’t reach an agreement, either party can apply to the Family Court or Federal Circuit and Family Court of Australia to have a decision made.

• The court will review financial information, contributions, and future needs before making a legally binding decision.

Need Legal Guidance?

At Respect Legal, we can help you understand your options, negotiate a fair outcome, and ensure your property settlement is documented correctly—whether through a BFA, Consent Orders, or court proceedings.

How Long Does It Take to Get a Divorce in Australia?

Separation happens when one or both partners decide to end their marriage-like or domestic relationship. A divorce is the legal process that makes this separation official.

The 12-Month Separation Rule

Before you can apply for a divorce in Australia, you must be separated for at least 12 months.

• This can include living under the same roof during separation, but you’ll need to provide evidence of this arrangement.

• The court must be satisfied that the relationship has broken down irretrievably and that there is no reasonable chance of reconciliation.

What Divorce Does — and Doesn’t — Cover

It’s important to understand that divorce only legally ends the marriage.
It does not resolve:

• Property settlements

• Spousal maintenance

• Parenting arrangements

These matters should ideally be finalised before applying for divorce. The law encourages separating couples to resolve these issues through Family Dispute Resolution (FDR)—such as mediation.

What If You Can’t Reach an Agreement?

If an agreement on property or parenting matters can’t be reached through FDR, you may need to apply to the Family Court for a decision.

Need Help?

At Respect Legal, we can guide you through the divorce process and help you resolve related issues like parenting, property, and financial arrangements—so you can move forward with clarity and confidence.