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Why Family Mediation Matters

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The   process of divorce in Australia   can be very overwhelming. Navigating the legal aspects, deciding on settlements and custody can be costly, time-consuming and very emotional. This is why many   family lawyers   recommend   family mediation in Melbourne .   Mediation is an incredibly effective strategy to resolve issues and minimise emotional fallout. Here’s why family mediation is so important:     #1 – It Saves You Time   No one wants a long, drawn-out divorce. However, as each relationship brings its own challenges, it can be hard to navigate legal agreements and find a solution that suits both parties.   Mediation, however, focuses entirely on finding an amicable solution that works for both spouses.   #2- It Saves You Money   It’s nothing new that the process of divorce in Australia can be costly, but it doesn’t have to be. With the right family lawyers on your side and a firm that specialises in family mediation in Melbourne, you can actually save on costly legal processes
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5 Commonly Asked Divorce Questions Answered

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As leading   family lawyers , there are a few common questions we get asked all the time.   Divorce in Australia   can be a complex process, which can be incredibly daunting for some. This is why it’s so essential to find a   family law firm in Melbourne   that can not only offer you legal advice but practical and emotional support. So, if you’re considering a divorce, here are the answers to some of the questions you may have.       #1 – How Quickly Can I Get Divorced?   Unfortunately, Australia doesn’t offer the option of a quickie divorce. As per the Family Law Act, partners need to prove a separation period of at least 12 months in order to qualify for a divorce in Australia. Once this separation period has been upheld, finalising a divorce can take around 4 months.   #2 – Can We Be Separated But Under the Same Roof?   For some, finding a new residence for the separation period is not possible. Luckily, courts do allow for couples to be separated under the same roof; however, you w
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Understanding Protection Orders in Australia

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  According to a local study, 2020 was one of the worst for domestic violence in Australia. While statistics regarding 2021 are yet to be released. Family violence is an ever-present reality for many women and children in Australia. At Umbrella Family Law , we also understand that separating from their husband who is abuse can be extremely difficult for many women. That’s why many seek an experienced family violence lawyer who can help with the protection orders and the legal aspects of a difficult separation.     What is Family Violence?   Family violence affects spouses, but the regulations encompass everyone in the family, including children, parents, and other family members.   The Family Law Act of 1975 states very clearly what behaviours it constitutes to be family violence; these include:   ·       Physical assault (including sexual assault and sexually abusive behaviours) ·       Stalking ·       Intentional Damage to Property or Pets ·       Depriv
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Want a Divorce? Here are 10 Things to Remember

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  If you’re planning on getting a divorce in Australia , there’s a lot for you to have to consider long before your application for divorce . Whether it’s same-sex marriage , de-facto relationship or long term relationship, there are specific legal processes that need to be completed before a divorce can be granted. So, if you’re thinking of divorcing, here are 12 essential things you need to keep in mind.       #1 – The Separation Period   As per Australian family law, you are required to prove separation from your spouse for a minimum of 12 months before you can make your application for divorce. This applies to all forms of relationships, including same-sex marriage and de-facto relationships.   #2 – Proving Separation   There needs to be a clear decision that marriage is over. Usually, separation entails moving into separate living quarters and starting legal processes that split finances, parental responsibilities etc. You can, however, still prove a separa
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Is Your Overseas Marriage Recognized in Australia?

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  Destination weddings were very popular pre-pandemic, but what legal implications are there for an Australian getting married overseas ? We often get a common question regarding Australian citizen marriages overseas : whether the marriage will be recognized in Australia or if it will need to be re-registered. So, here is some insight from leading family lawyers in Melbourne.     According to the Marriage Act of 1961, Australian citizen marriages overseas will be recognized in Australia as long as they meet the minimum legal requirements. This means that you won’t need to re-register your marriage in Australia for an Australian getting married overseas.   So, what legal requirements do you need to have your marriage recognized? Under the Marriage Act of 1961, the union needs to:   ·       Be recognized as valid under the law of the country in which the marriage took place. ·       Be recognized as valid under Australian law.   You will need to be able to provide a
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Let’s Talk Time Limits – Divorce in Australia

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  When you’re planning on separating from your husband or wife, the last thing you want is for the legal processes to become long and drawn out over months on end. While the goal is often to finalise the application for divorce as quickly as possible, certain statutory time limits defined by the Family Law Act.  Here is some insight from the experts in family law in Carlton.       There’s a lot you need to consider when planning your application for divorce. One such factor is the pre-prescribed time limits you have when it comes to separating from your husband or wife, finalising financial agreements, and determining spousal maintenance.   According to the Family Law Act, spouses need to prove a 12-month separation in order to qualify for a divorce. Within those 12 months, you are required to submit a Divorce Order, which stipulates the terms for property settlement or spousal maintenance. For de facto relationships, the time limit extends to 2 years after the date of
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FAQ About Divorce in Australia

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There are quite a few laws that govern the process of divorce in Australia . Contained in the Family Law Act 1975, these laws govern marriage, same-sex marriage , divorce, de facto relationships, divorce property settlement and terms for the guardianship of children (including custody matters).  However, not everyone knows what exactly these laws entail.     In Australia, the juridical matters surrounding marriage, same-sex marriage, divorce, custody fall into one large category, colloquially called ‘Family Law’. Within family law, there are particular stipulations regarding the process of divorce in Australia, children’s matters and how assets are divided in a divorce property settlement.   However, if you’ve never needed to navigate divorce in Australia, it’s not always easy to know where to start. So, here are the answers to common questions we receive at Umbrella Family Law.   Are The Grounds for Divorce Important in Australia?   Since the Act was established
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