Third Parties in Family Law

Family law proceedings do not always involve only two people. Grandparents, companies, trusts, creditors, and business partners can all be drawn into property or parenting proceedings. These are third party situations that require specific legal advice distinct from the advice given to the primary parties. We advise and represent third parties across both property and parenting proceedings.

Is This the Right Service for You?

You may need third party family law advice if:

You are a grandparent, step-parent, or relative seeking time with a child or a formal role in their care

You are a company, trustee, or business partner who has been joined to property settlement proceedings and need to understand your rights

You are a creditor whose interests may be affected by a property settlement between separating parties

You believe a separating party has transferred assets to a third party to defeat a legitimate property settlement claim

You hold an interest in property or a business alongside a separating party and need to protect your position

You are a parent who has loaned money to your child and want to know whether that loan is at risk in their relationship breakdown

You want to join a third party to existing property proceedings and need advice on whether that is appropriate and how to proceed

Our Third Party Family Law Services

Grandparent and relative parenting applications: Under the Family Law Act 1975, any person concerned with the care, welfare, and development of a child can apply for parenting orders. We advise grandparents, step-parents, and other relatives on their rights and represent them in applications for time, communication, and parental responsibility.

Third party joinder in property proceedings: Where a company, trust, creditor, or individual needs to be joined to property settlement proceedings, we prepare and file the necessary joinder application under the Family Law Rules 2021 and advise on what participation as a party requires.

Defending a joinder application: Where you have been joined to proceedings as a third party, we advise on your rights, the orders that can and cannot be made against you, and how to protect your interests throughout the proceedings.

Orders binding third parties: Under Part VIIIAA of the Family Law Act 1975, courts can make orders that bind third parties including companies and trusts. We advise on what those orders can require, what the limits of the court's power are, and how to respond when such orders are sought against you or your entity.

Setting aside transactions involving third parties: Where assets have been transferred to a third party to defeat a property settlement claim, we advise on applications to set aside those transactions and recover the assets for the property pool.

Loan and financial contribution advice: Where a parent or family member has loaned money to a party to the relationship or contributed to a property purchase, we advise on how that contribution is treated in a property settlement and what steps can be taken to protect the lender's position.

What to Expect When You Work With Us

Step 1: Tell us your situation.

You speak with one of our lawyers about your relationship to the separating parties, what is at stake for you, and what you are trying to achieve or protect. We give you an honest assessment of your legal position and what options are available to you.

Step 2: We identify the right approach.

Whether you need to apply for parenting orders, join or defend proceedings, protect a financial interest, or respond to orders sought against you, we identify the most appropriate and proportionate response before any steps are taken.

Step 3: We act on your behalf.

We prepare the relevant applications or responses, liaise with the parties and their lawyers, and represent you at any hearings. Third party proceedings can move quickly and we ensure your position is protected from the moment you engage us.

Step 4: You have a clear outcome.

Whether you have secured parenting time with a child, protected your financial interest, or successfully defended a joinder application, we ensure the outcome is properly documented and enforceable.

Why Choose Family Lawyer AU for Third Party Matters?

No Hidden Fees

You receive a written cost estimate before we begin any work. No hidden fees, no bill shock, and no ambiguity about what you are paying for.

Nationwide Services

We work with clients across every state and territory in Australia. Whether you are in Sydney, Brisbane, Perth, Adelaide, Melbourne, or anywhere in between, consultations are available by phone and video.

Personalised and Strategic Advice

Every third party situation is different. Whether you are a grandparent, a creditor, a trustee, or a business partner, the advice you need depends on your specific relationship to the proceedings, what is at risk, and what outcome you are trying to achieve. We give you advice built around your specific circumstances.

Costs and Timeframes

The cost of third party involvement in family law proceedings depends on the nature of your interest, whether you are joining or defending proceedings, and how far the matter goes before resolving. Being joined as a third party can involve significant legal costs, and we advise you on what to expect before any work begins.

For grandparent and relative parenting applications, costs depend on whether the matter resolves by agreement or requires a contested hearing. Where agreement is possible, matters can often be resolved within weeks. Contested parenting applications take longer and depend on the court's listing availability.

Note that where a joinder application is ultimately found to have been unnecessary, the party who sought the joinder may be ordered to pay the third party's costs. We advise on this risk before any joinder application is filed.

Call 1300 717 173 or book online to discuss your specific circumstances and understand your position.

Related Services

Complex Financial Structures — Trusts, companies, SMSFs and layered asset structures in property settlements.

Property and Finacial Settlements — Dividing assets and liabilities after separation by agreement or through the courts.

Children and Parenting — Parenting arrangements, consent orders and parenting applications after separation.

Bankruptcy and Insolvency — How bankruptcy trustees interact with family law property proceedings as third parties.

Asset Protection — Protecting your financial position through binding financial agreements and strategic advice.

Speak With a Third Party Family Law Lawyer Today

Being drawn into someone else's family law proceedings, or needing to assert your rights within them, requires specific advice from the start. We are here to give you that advice.

We are based at Level 45, 600 Bourke Street, Melbourne. Consultations are available in person, by phone, and by video. 

Call 1300 717 173 or book online. All enquiries are confidential.