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 ...

  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 ...

  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 ...

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?   S...

  Grey divorces are becoming more and more common when it comes to divorce in Australia . According to statistics, over 27% of divorce applications come from marriages that have lasted more than 20 decades. Even at our family law firm in Melbourne , we have seen a rise in “grey divorce” applications. But why are grey divorces on the rise, and what effects does that have on our society? Here’s some insight from Umbrella Family lawyers .         The concept of grey divorce is not necessarily new. However, over the last years has seemed to be on the rise. The term ‘grey divorce’ encompasses the breakup of long-term marriages, usually by those over the age of 50.   It’s interesting as most individual’s that once relationships have made it past a certain point or landmark, it should be smooth sailing. And yet, the reality is that more and more long-term relationships are finding their end.   Why is Grey Divorce on the Rise?   There ...

  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...