Umbrella Family Law

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 coupl...

  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 ...

  As part of the process of divorce in Australia , spouses are required to prove a separation period of a minimum of 12 months before they can be granted a divorce. In that time, you will need to decide on many aspects like setting up a parental agreement , finalising home and asset splits, maintenance, and so much more. Therefore many lawyers will recommend collaborative practice or family mediation in Melbourne .       Collaborative practice is a great way to avoid conflict and mud-slinging that often tends to feature during a divorce. Through mediation, you can quickly finalise the terms of your divorce, hash out any issues around your parental agreement or asset and transition as quickly as possible to start your new life.   At Umbrella Family Law, we specialise in family mediation in Melbourne, and it’s often that we see how collaborative practice can make an already painful situation a little easier.   If you are starting the pro...

One of the most common misconceptions when it comes to divorce in Australia is that one has to prove that one spouse is somehow at ‘fault’ for the divorce. However, in Australia, when separating from your husband , or wife, courts no longer consider the reasons as to why the marriage has broken down. Here’s some insight from the best family lawyers in Melbourne.     Since 1975, Australia on a purely ‘No-Fault’ divorce system means that for every divorce in Australia, the grounds as to why the relationship is now irreparable is not considered by the courts, especially when ruling on factors like child custody and property settlement.   When separating from your husband or wife, you will, however, need to prove that the relationship is in fact irreparable by means of a physical separation for a minimum of 12 months.   Understanding the ‘No-Fault’ Law   Prior to 1975, spouses were required to prove grounds for divorce, such as adultery, cruelt...

Child support is an important part of your overall parenting plan after a divorce, and in some cases, parents disagree on how much they should pay in child support or if they should pay at all. Here’s some advice on what to do in this situation, from a f amily law solicitor at a leading firm focussed on family law in Melbourne .     Get an Assessment   Start by getting an assessment from Services Australia . They will be able to assess you and your partner’s situation and can even be directed to collect the child support you need directly from the paying parent.   However, this payment may not be the amount you need, as factors such as private schooling, health insurance, extracurricular activity expenses and medical expenses are not included.   If this is the case, it’s important to get your family law solicitor who helped to develop your parenting plan involved.   Going to Court   Your family law solicitor is an invaluable...

  A marriage annulment is very different from a divorce in Australia . Here’s some insight into what qualifies you for an annulment and how the process works from a leading divorce lawyer in South Melbourne from the Umbrella Family Law firm.     The Difference Between Annulment and Divorce in Australia   Getting a divorce in Australia means going through a legal process that dissolves a marriage agreement between two spouses. Anyone who is legally married can apply for divorce, with or without the consent of their partner, even if the marriage took place overseas.   A marriage annulment is a legal proceeding where a judge determines that no legal marriage actually took place – that the marriage does not exist in the eyes of the law. If granted, the marriage is void, as if it never took place.   What are the Criteria for a Marriage Annulment?   In order to be granted an annulment, you need to show the court that you were trick...