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Showing posts with the label umbrella family law

Why Family Mediation Matters

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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 ...

Is Your Overseas Marriage Recognized in Australia?

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  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 ...

Overseas Marriages | When Are They Recognized in Australia?

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So, you’re an Australian getting married overseas or have gotten married overseas. How do you know that your marriage has been recognized here? Whether for same-sex marriage or de facto relationship, there is significant legislature regarding Australian citizen marriages overseas . So, here’s some insight from the leading family law solicitors in Melbourne .     Whether or not an overseas marriage is recognized in Australia is outlined in the Marriage Act of 1961. As part of the laws surrounding Australian citizen marriages overseas, it is important to note that you are not required to register marriage in Australia. However, if you are looking to get divorced here, it will need to be recognized by the courts.   What Makes a Marriage Overseas Invalid?   If you are an Australian getting married overseas, or looking divorce in Australia when having been married overseas, it’s important to note the legislation that may deem your marriage invalid. ...

Can Co-Parenting Really Work?

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  Co-parenting already brings with it a multitude of challenges and considerations, which have been blown up with all the restrictions of the Covid 19 pandemic. Co-parenting goes beyond just a parental agreement , it requires conscious effort from both parents, a lot of patience and clear lines of communication. Especially in a pandemic, a proper parenting plan is important to avoid anxiety and frustration. So, how do you build a functioning, co-parenting relationship? Here’s some insight from the experts on family mediation in Melbourne .       The worldwide pandemic has thrown a mass of challenges at everyone. It has created an over-arching fear, anxiety, financial issues and mental health issues. However, as a parent who is trying to manage their parenting plan with an ex-partner, it can bring a whole different heap of other problems. So, how do you manage your parental agreement to make sure that it works?   Why You Want to Consider Co-Parenting...

A Quick Guide to Child Custody in Australia

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  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...

What is a Marriage Annulment?

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  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...