Umbrella Family Law

  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 ...

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. ...

  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.  ·  ...

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...