Umbrella Family Law

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...

  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...