Umbrella Family Law

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 ...

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...

  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) ·     ...

  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 ...

  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...

Many spouses who are filing for divorce in Australia will need to deal with child custody matters, and for some, it's a favourable option to do so outside of a courtroom. With the right family lawyers , you'll be able to finalize your parental agreement in mediation, which offers a safer space for discussion and resolution.        In most cases, determining a parental agreement outside of the courtroom is possible unless court intervention is necessary. Through considered meditation with your family lawyers, you can reach a focused, mutually beneficial arrangement that keeps your children's interests at the forefront.    In the long run, it can save you from a costly custody battle that does more harm than good.    Engaging in a mediation allow you to:    ·       Ease tensions.  ·       Give both sides a safe space to state their goals.  ·  ...

  In Australia, child custody is determined by the court. During this process, the court’s priority is the best interests of the child, and this framework is what helps determine who should be the primary caregiver or if the child should spend equal time with each parent, along with other important responsibilities. During this process, it is important to have the best family lawyers representing your case in order to have a fair determination. Here’s some insight into this issue from Umbrella Family Law , a leading family law firm in Melbourne .       What Does the Court Consider?   As a leading family law firm in Melbourne, we know that when looking at the best interests of the child or children concerned, the court looks at two main factors:   ·       Whether the child/children will benefit from having a relationship with both parents ·       Whether or not the child/children are p...

  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...

  One of the most important steps of the divorce process is the negotiation of your separation agreement. This determines your lives moving forward and includes your parenting plan , divorce property settlement , spousal maintenance, and more. Here are some tips for a successful separation agreement process, from a family law solicitor in Melbourne.     #1 – Leave Preconceived Ideas at the Door   It’s completely natural to try and anticipate how your spouse will negotiate, where conflicts will arise, and prepare yourself against compromise. However, it is very important to try your best to enter this process with an open mind. Decide what your ideal scenario will be, then work towards developing your priorities – the things that are most important to you – while leaving space for compromise on less important issues.   #2 – Be Mindful   Understandably, negotiating your settlement agreement – especially when you have to develop a parentin...