Umbrella Family Law

  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 ...

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...

  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...