Articles & Cases

  • The Impact of Covid-19 on Parenting and Children

    • Article
    • 21 Jul 2021
    • Silvio Auditore

    Whilst the Family Court of Australia and Federal Circuit Court have introduced special measures to keep the court system operating during the Covid-19 pandemic, Covid-19 has had a severe impact on the parents of children living in Australia, whether a parent is living in Australia or overseas. Read All

  • When is the Best Time to Separate and do a Family Law Property Settlement in Australia?

    • Case Study
    • 21 Jan 2021
    • Silvio Auditore

    Whilst you have to wait at least 12 months from the date you separate to apply for a Divorce, you do not have to wait to finalise a property settlement with your spouse or partner under the Family Law Act.  The Divorce Application in Australia is a separate legal proceeding and it brings a marriage to an end legally, and allows you to marry someone else if you wish to do so.  You cannot apply for a Divorce before the 12-month separation period has expired- even if both parties agree.  The situation is different when it comes to negotiating and finalising a property settlement and parenting arrangements- this can happen as soon as you separate without having to wait. Read All

  • Divorce and Separation Advice

    • Article
    • 30 Jun 2020
    • Silvio Auditore

    When a relationship ends it can be a stressful and traumatic experience, no matter whose fault it is, and which person decides that it is over. Whilst friends and family can provide some much-needed emotional support, be careful about relying their advice as to what you should be doing in relation to separating. Read All

  • Recovering loans made by Parents to Adult Children if they Divorce

    • Article
    • 19 Feb 2020
    • Silvio Auditore

    Many parents wish to help their adult children buy their first home by advancing money to them to help fund a deposit.  These advances are rarely documented.  But what happens to that money if the adult child subsequently separates or divorces?  If the advance is not properly legally documented, then there may be an argument about whether it was a gift or a loan. Read All

  • Whether there is a Sufficient Change in Circumstances to Warrant a Change to Parenting Orders

    • Case Study
    • 04 Nov 2019
    • Silvio Auditore, Alison Loach

    In March 2019, the Full Court of the Family Court of Australia delivered judgment in the Appeal case of Mahoney & Dieter [2019] FamCAFC 39. Alison Loach, Senior Consultant with Melbourne Family Lawyers, represented the Respondent Father. It concerns a child who was born in 2011. She was seven years old at the time of the Appeal Hearing. Read All

  • Impact of inheritance late in a marriage

    • Case Study
    • 18 Sep 2019
    • Silvio Auditore, Alison Loach

    During 2018 and 2019, Melbourne Family Lawyers represented Elizabeth in a property settlement case arising from her marriage with Jeremy of about 20 years.  Elizabeth and Jeremy are both in their 50s. There are 4 children of the marriage, who were all still dependant at the time of separation. Read All

  • What do I do if we can’t agree on parenting arrangements for the children?

    • Article
    • 03 Apr 2019
    • Silvio Auditore

    The Family Law Act states that each parent has parental responsibility for their child up until the age of 18 years. This is the case whether you are still together as a family or separated. Read All

  • Should I change Family Lawyers in my Family Law Court Case?

    • Article
    • 18 Jan 2019
    • Silvio Auditore

    Are you having doubts about whether you are being well-represented in your Family Law dispute? Read All

  • Is now a good time to finalise a Family Law Property settlement?

    • Article
    • 19 Dec 2018
    • Silvio Auditore

    It is December 2018. After many years of rising property prices in Melbourne and the rest of Australia, property values have fallen. The Australian and US share markets are also down. Separating couples now have assets (including Superannuation) which are valued at significantly less than the valuation a year ago. However, their debt level would often be at the same level. The net result of this is that there is significantly less to divide up. Read All

  • Can we agree on a Family Law settlement without going to Court?

    • Article
    • 25 Oct 2018
    • Silvio Auditore

    Can we agree on a Family Law settlement without going to Court? This is a question asked by many clients at Melbourne Family Lawyers. The answer is both yes and no. Read All

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