Articles & Cases

  • 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

  • Melbourne Family Lawyers Obtain Federal Circuit Court Injunction to Prevent Mother Taking Children from Melbourne to Western Australia

    • Case Study
    • 06 Sep 2018
    • Silvio Auditore

    This court case came about when one of clients Eddie (not his real name) found out that his ex-wife Roma (not her real name) was intending to take their two primary school age children to live in Western Australia. Eddie and Roma had been separated since 2010 and Roma had since re-married. Since separation, the children had primarily been living with Roma at her home in Melbourne. Read All

  • Separation and Divorce for Retirees

    • Article
    • 31 Jul 2018
    • Silvio Auditore

    Retired Baby Boomers are separating and divorcing late in life. We are seeing more people getting to a point where they cannot put up with living with their long-standing spouse or partner any longer! Whilst life was good when one or both were working and bringing up the children, spending a lot more time together in retirement apparently can test even the most solid relationship! Read All

  • Should I Separate Before my Rich Parent Dies to Preserve my Inheritance?

    • Article
    • 12 Apr 2018
    • Silvio Auditore

    If your marriage or relationship is on the rocks and you are agonising as to whether to separate from your spouse or partner, then here is some advice which may spur you on to make a decision one way or the other. Read All

  • Recognition of Foreign Marriages and Same-Sex Divorces in Australia

    • Article
    • 09 Mar 2018
    • Silvio Auditore

    We are often asked about whether Marriages which originated outside Australia are recognised under the Family Law of Australia. Read All

  • What to do if you receive a Family Law Court Application

    • Article
    • 04 Feb 2018
    • Silvio Auditore

    Sometimes, the first you know about your spouse or ex-partner taking Family Law Court action against you is when a process server knocks on your door to serve you with a Court Application. Whilst a natural reaction for you may be to avoid being served with the court document, this may end up being to your disadvantage. I will explain why. Read All

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