Practice areas
Family Law
Honest, compassionate family law advice across Darwin and the NT, covering separation, parenting, family violence, and more.
Our Vision
Our vision is to be a trusted leader in the legal industry, recognized for excellence in diverse practice areas. We strive to create a legacy of integrity, innovation, and client satisfaction, empowering individuals and businesses through reliable legal solutions. By fostering trust and delivering exceptional outcomes, we aim to redefine the standard of legal services in every field we serve.
Family Law
Service Overview
We can help you through it
Your relationship has broken down and now everything feels uncertain - where the kids will live, what happens to the house, whether you're going to be okay. Maybe things ended badly and communication has broken down. Maybe you're worried the other person has already spoken to a lawyer and you're already behind. Wherever you're at, you don't have to figure this out on your own.
We know where the line is drawn
Family law in the Northern Territory comes with layers that are deeply personal - and in Darwin and the Northern Territory, they often come with layers that make them more complex than anywhere else in Australia. Cultural considerations, remote living arrangements and the unique social fabric of NT communities all shape the way family law plays out here. You need a family lawyer in Darwin who understands that context, not just the legislation.
When a relationship breaks down, the decisions made in the weeks and months that follow can affect your life and your children's lives for years to come. Parenting arrangements, where the kids live, financial support, the division of assets - these are decisions that deserve careful, experienced legal guidance. We work with families across Darwin, Palmerston, and right across the Territory, providing advice that is honest, practical, and always focused on what's best for you and your children.
We handle the full spectrum of family law matters, where both parties just want sensible things formally agreed through to highly contested proceedings involving family violence, relocation disputes, and urgent protective orders. Whatever your situation, we'll tell you where you stand, what your options are, and how we're going to help you move forward. Family law in the NT is complicated enough - we make sure you don't have to navigate it alone.
Our Mission
At Atona, our mission is to provide exceptional legal services tailored to the unique needs of our clients. We are committed to upholding justice, safeguarding rights, and delivering innovative solutions with professionalism, integrity, and compassion. Through expert guidance and dedicated advocacy, we aim to ensure every client receives trusted support and outstanding results.
Our Vision
Our vision is to be a trusted leader in the legal industry, recognized for excellence in diverse practice areas. We strive to create a legacy of integrity, innovation, and client satisfaction, empowering individuals and businesses through reliable legal solutions. By fostering trust and delivering exceptional outcomes, we aim to redefine the standard of legal services in every field we serve.
Separation & Divorce
Clear, practical legal advice for separation and divorce in Darwin and across the NT.
Parenting Arrangements & Custody
Experienced legal advice on parenting arrangements, custody and children's issues in the NT.
Child Support & Maintenance
Legal advice on child support and maintenance obligations in Darwin and the NT.
Family Violence Orders
Legal advice and representation for family violence orders across Darwin and the NT.
Mediation & Dispute Resolution
Family law mediation and dispute resolution services in Darwin and across the NT.
Consent Orders & Financial Agreements
Drafting and advice on consent orders and binding financial agreements in the NT.
Our Progress
Our Service Implementation Process
1
Initial Consultation
We listen to your concerns, evaluate your case, and outline potential legal strategies tailored to your specific needs.
2
Case Analysis
Our experts thoroughly analyze facts, documents, and applicable laws to build a solid foundation for your case.
3
Legal Action Plan
We develop and execute a detailed action plan, ensuring every step aligns with your best interests.
4
Resolution & Support
We work towards a favorable outcome and provide ongoing support to ensure long-term client satisfaction.
Looking for any help?
FAQ's
COMMON QUESTIONS WE HEAR
How long do I have to wait before I can get a divorce in Australia?
In Australia, you must be separated for at least 12 months before you can apply for a divorce. You do not need your spouse's agreement and divorce is a no-fault process. You can be separated but still living under the same roof, though this requires additional evidence. Once the divorce is granted, there are time limits that apply to bringing property settlement proceedings, so it is important to get legal advice early. Maleys can guide you through the divorce process across Darwin and the NT.
What is the difference between separation and divorce?
Separation occurs when one or both parties decide the relationship is over - there is no legal paperwork required to be separated. Divorce is the formal legal ending of a marriage, granted by the court upon an application being made at least 12 months after separation. Many of the most important legal decisions - particularly around property and parenting - arise from separation rather than divorce. Maleys advises clients across Darwin and the NT on the full range of legal issues that arise from both separation and divorce.
How are parenting arrangements decided in Australia?
If parents cannot agree on parenting arrangements, the matter can be taken to the Federal Circuit and Family Court, which will make orders based on what is in the best interests of the children. The court considers a wide range of factors, including each parent's ability to meet the children's needs, the existing relationship between the children and each parent, and any safety concerns. Maleys represents parents across Darwin and the NT in parenting disputes, always keeping the focus on outcomes that serve the children's best interests.
Do I have to go to court for a family law matter?
Not necessarily. Many family law matters - including parenting arrangements and property settlements - can be resolved through negotiation or mediation without going to court. In fact, parties are generally required to attempt family dispute resolution before applying to the court for parenting orders. Going to court is often a last resort. Maleys supports clients through negotiation and mediation across Darwin and the NT, and represents clients in court where agreement cannot be reached.
What is a binding financial agreement in family law?
A binding financial agreement (BFA) is a legal document that sets out how assets and financial resources will be divided if a relationship ends. BFAs can be entered into before a relationship begins, during a relationship, or after separation. They are a way to provide certainty and avoid costly property disputes. Both parties must obtain independent legal advice before signing a BFA for it to be enforceable. Maleys advises on and prepares BFAs for clients across Darwin and the NT.
How does family violence affect family law proceedings in the NT?
Family violence is a central consideration in family law proceedings. The court must consider any history of family violence when making parenting orders, and the safety of children and parents is given significant weight. Family violence matters can also affect property settlements and living arrangements. If family violence is a factor in your matter, it is important to raise this with your lawyer early. Maleys handles family violence matters with sensitivity, urgency, and awareness across Darwin and the NT.
What rights does a de facto partner have in a separation?
De facto partners in the NT have the same rights as married couples in relation to property settlement and spousal maintenance under the Family Law Act, provided the relationship lasted at least 2 years or there is a child of the relationship. De facto partners can also apply for parenting orders. Time limits apply to bringing property settlement claims after de facto separation, so it is important to get legal advice following the separation.
How is child support calculated in Australia?
Child support in Australia is primarily calculated using a formula administered by Services Australia, which takes into account each parent's income, the number of nights the children spend with each parent, and the number of children. This means that a partner who did not earn as much may get more child support if they have low income. Maleys can advise on child support assessments and assist with applications to depart from the standard formula where appropriate.