Elaine Li

Elaine is an Accredited Specialist in Family Law and Special Counsel in the Family & Relationship Law team. She brings a pragmatic, compassionate and strategic approach to guiding clients through separation and divorce.

Having practised in both Melbourne and Canberra, including across both the community legal sector and private practice, Elaine has extensive experience in complex parenting disputes, property settlements, financial agreements, and matters involving family violence.

She is dedicated to achieving commercial and holistic solutions tailored to each client's circumstances. She works collaboratively with multidisciplinary professionals to deliver comprehensive and commercially sound advice. Recognised for her strong advocacy, Elaine is focused on resolving disputes efficiently and minimising conflict to support the wellbeing of families.

Elaine speaks fluent Mandarin Chinese and assists clients from Chinese-speaking backgrounds to navigate family law processes with confidence and cultural sensitivity.

Experience

Elaine's experience includes:

• parenting matters – including care arrangements and parental responsibility
• property settlements – division of assets and liabilities following separation
• de facto relationships – property and parenting issues arising from de facto separations
• divorce applications – preparing and filing divorce proceedings
• financial agreements – including pre-nuptial, post-separation, and de facto financial agreements
• spousal maintenance – applications and negotiations for ongoing financial support
• child support – assessments, limited and binding child support agreements
• family violence and intervention orders – applying for, and opposing, protection orders, safety planning, and related parenting or property implications
• high-net-worth and complex financial matters – including business structures, trusts, companies, and self-managed superannuation funds
• international family law – child relocation, airport watchlist, and cross-border asset division
• enforcement and contravention applications – ensuring compliance with court orders
• alternative dispute resolution – family dispute resolution, private mediation, and Court-based mediation.

Career highlights

Elaine's career highlights include:

• Assisted a client facing family violence allegations and concurrent criminal proceedings, securing parenting orders that preserved the client’s meaningful relationship with their child.
• Represented a parent in a high-risk parenting matter involving mental health and substance abuse concerns, achieving Court orders that ensured the children’s safety and established protective arrangements.
• Acted in Court proceedings involving disputed asset ownership and third-party interests, obtaining orders that protected the clients’ financial entitlements.
• Challenged single expert evidence on a business valuation in contested property proceedings, resulting in a favourable negotiated outcome for the client.

FAQs

Is property split 50/50 after separation?

There is no rule that property must be divided equally after separation. The Court is required to make a division that is just and equitable, based on the unique circumstances of each case. Property settlements can vary widely, depending on the size of the asset pool, each party's contributions to the relationship and their future needs.

What is child custody?

The term "child custody" is no longer used in Australian family law. Instead, the Family Law Act 1975 (Cth) focuses on decision-making and living arrangements for children.

Decision-making refers to a parent’s right and responsibility to make long-term decisions about their child’s life.

Living arrangements describe where a child lives and how much time they spend with each parent.

How long will the family law process take?

The time it takes to resolve a family law matter depends on the complexity of the issues and whether agreement can be reached early. Factors such as financial disclosure, expert reports, and the level of cooperation between parties can impact timing.