Choosing the best Family Lawyers – Is it worth travelling to Melbourne?

Related Articles & Cases

• 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

• 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

• Melbourne Family Lawyers Win International Parenting Dispute for Mother in Family Court of Australia at Melbourne

  • Case Study
  • 31 Oct 2017
  • Silvio Auditore, Alison Loach

  Alison Loach, a Senior Consultant with Melbourne Family Lawyers, advised a client that she had a strong case and that she should pursue the case all the way through to a final hearing before Justice Austin in the Family Court of Australia. Read All

• When Can I make a Claim for Property Settlement as a De Facto Partner?

  • Article
  • 18 Jul 2017
  • Silvio Auditore

  In Australia, the Family Law relating to De Facto partners is substantially the same as the law relating to people who are legally married. The Family Law Act covers married people and de facto couples, including those in homosexual relationships. Read All

• Defending an Intervention Order in Victoria

  • Article
  • 25 Jan 2017
  • Silvio Auditore

  An Intervention Order is a Court Order which is made by a Magistrate in the Magistrates’ Court of Victoria against a person (the Respondent) who has committed family violence against a family member (the Aggrieved Family Member). Read All

• Can I apply for a Divorce if I am no longer living in Australia?

  • Article
  • 05 Oct 2016
  • Silvio Auditore

  Melbourne Family Lawyers represents many clients who do not live in Australia. If you are living overseas, we can still represent you and apply for a Divorce in Australia under certain circumstances. Read All

• When should I apply for a Family Law Property Settlement?

  • Article
  • 18 Aug 2016
  • Silvio Auditore

  The only legal rules about when you should apply for a Family Law property settlement are concerning how late you can apply. People in a De Facto relationship have up to two years after separation. Married people have up to one year following the Divorce. Contrary to a popular belief, you do not have to wait until you are divorced to have a property settlement. Read All

• Can I move with my child to live in a different suburb or outside of Melbourne without the other parent’s consent?

  • Article
  • 20 Jul 2016
  • Silvio Auditore

  Some of the most frequent questions asked by clients of Melbourne Family Lawyers are concerning the issue of whether the client is allowed to take a child to live somewhere else, be that within Australia or overseas. Read All

• Melbourne Family Court allows Mother and Child’s Relocation to USA

  • Case Study
  • 21 Jun 2016
  • Silvio Auditore

  In January 2015, our client, 30 year old USA citizen Miranda (not her real name) was referred to Melbourne Family Lawyers by United States Embassy staff in Melbourne, as her marriage to her 35 yo Australian Husband, Bruce (not his real name) had broken down. Miranda’s legal problem was that she wanted to return home to the United States, with her 3 year old daughter, but her Husband objected to such an arrangement. Read All

• When is Spousal Maintenance Payable?

  • Article
  • 31 Aug 2015
  • Silvio Auditore

  Spousal Maintenance (also called alimony in some countries) may be payable in Australia by one spouse (or de-facto partner) to the other under some circumstances pursuant to the provisions of the Family Law Act. Read All

• The Best Family Law Advice from Melbourne Family Lawyers

  • Article
  • 20 Jul 2015
  • Silvio Auditore

  At Melbourne Family Lawyers, we don’t offer a “free” first consultation and use it to market our services to you. The first meeting with one of our lawyers is scheduled for one hour because we know it will take a bit of time to listen to your story so that we can understand your situation and what is important to you and what you would like to achieve. Read All

• When should I apply for a Divorce?

  • Article
  • 22 Apr 2015
  • Silvio Auditore

  A Divorce Order provides legal recognition of the fact that that you are no longer married. Upon a Divorce Order becoming final, you are legally free to re-marry should you wish to do so. In order to apply for a Divorce, you must firstly be separated for at least one year. Read All

• Is my Spouse entitled to a share of my Superannuation if I separate?

  • Article
  • 20 Jan 2015
  • Silvio Auditore

  In a Family Law Property Settlement, Superannuation is always taken into account when considering a division of property between spouses (including de facto or same-sex partners). These days, most people have Superannuation entitlements. Whilst those Superannuation entitlements may not be readily accessible now if you are below retirement age, they will make a difference to your financial situation when you do retire. Read All

• If I win Tatts Lotto, do I have to share the winnings with my ex spouse?

  • Case Study
  • 10 Dec 2014
  • Silvio Auditore

  This question sometimes arises in family law property settlement cases- and the answer will depend on the exact circumstances. As is usual in family law cases, there are many possible scenarios and many different possible results. Let’s consider a few examples. Read All

• Beware of Family Lawyers offering Free Initial Consultations

  • Article
  • 26 Nov 2014
  • Silvio Auditore

  Have you come across the recent advertising from Family Lawyers offering “free initial consultations”? Have you stopped to think why those lawyers are doing that? Read All

• Do I get to keep my inheritance in a Family Law Property Settlement?

  • Article
  • 30 Oct 2014
  • Silvio Auditore

  It is important to remember that every Family Law Property Settlement case is different and will be decided in accordance with the guiding principles in the Family Law Act and the case law arising from past decisions of the Family Law Courts. This article summarises some of those guiding principles. Read All

• Why Mediation can be better than going to Court

  • Article
  • 25 Aug 2014
  • Silvio Auditore

  Mediation (also referred to as Family Dispute Resolution) is a process (outside of the Court Litigation process) in which an independent Mediator helps people affected by separation or divorce to resolve some or all of their disputes with each other. It is one of the ways in which an “out of court settlement” can be achieved even in difficult, complex or emotionally charged cases. Read All

• The Question: How much overnight time should a child spend with the other parent?

  • Article
  • 30 Jun 2014
  • Silvio Auditore

  This is a question clients often posed to Family Lawyers and Family Law Court judges. Whilst each parent may have a different personal (often rigid) opinion, what do the experts have to say about this? Read All

• How much overnight time should a child spend with the other parent?

  • Article
  • 23 Jun 2014
  • Silvio Auditore

  It used to be the case that “expert opinion” was that children under three were considered to have a primary attachment with their primary carer (often the mother) and it was best for them to spend most of their time with the parent with whom they had the primary attachment. The other parent was encouraged to have regular but frequent contact of a few hours once or twice a week. Amendments to the Family Law Act in 2006 were enacted to promote the following objectives to guarantee that the best interests of children are met. Read All

• Winning International Child Custody Cases

  • Case Study
  • 08 May 2014
  • Silvio Auditore

  At Melbourne Family Lawyers, we like to win the Court Cases which cannot be settled out of Court! This year we have had great success in running (and winning) two cases in the Federal Circuit Court involving young mothers wanting to return to their overseas country of origin with their young children. These cases needed to be decided by a Judge as the children’s parents could not come to an agreement as to with whom, or where, the child should live. Read All

• Achieving a Family Law Property Settlement with a “Bully” Spouse

  • Article
  • 27 Feb 2014
  • Silvio Auditore

  Bullying is characterized by an individual behaving in a certain way to gain power over another person- and this is often a problem in marriage or relationship breakdown situations. Read All

• How to Achieve a Fair Family Law Property Settlement?

  • Article
  • 06 Jan 2014
  • Silvio Auditore

  Achieving a fair Family Law Property Settlement is the aim of most people who end up separating, but what is fair? It is very difficult for a person to work out what is fair when going through the emotional turmoil of a separation. An experienced Family Lawyer can help you. Read All

• What to Expect from a Family Lawyer

  • Article
  • 08 Nov 2013
  • Silvio Auditore

  A Family Lawyer will advise you as to his or her opinion as to where you stand when applying the applicable Family Law to your particular situation. However, a Family Lawyer will never be able to provide you with a definitive outcome in your case as the outcome of your case will depend on the following. Read All

• Defending a Family Law Property Settlement Case in Melbourne Family Law Courts

  • Article
  • 14 Oct 2013
  • Silvio Auditore

  If you receive an Initiating Application which is to be heard in the Family Court of Australia or the Federal Circuit Court of Australia, you are entitled to put your position to the Court by filing a Response together with other court documents required under the Family Law Rules. Those other documents may include sworn Affidavits and/or a Financial Statement (for property settlement or maintenance cases). Read All

• How do I settle my Family Law Custody Dispute in Melbourne if I am overseas or interstate?

  • Article
  • 22 Jul 2013
  • Silvio Auditore

  The Family Law Courts in Melbourne (being the Family Court of Australia and the Federal Circuit Court of Australia) have jurisdiction to determine a Family Law dispute if at least one of the parties to the dispute is either. Read All

• How do you Change existing Child Custody and Contact Orders (Parenting Orders) in Australia?

  • Article
  • 25 Jun 2013
  • Silvio Auditore

  As children grow older and relationships change, a previously made Court Order concerning the arrangements for the care of a child or children may no longer be appropriate. However, the Court Order remains in force until one (or both) of the parties to the court order initiate legal action to legally change it. If both agree, whilst it is possible to informally change the ongoing care arrangements for children without changing the court orders, it may lead to problems should someone later change his/her mind. It is usually better to legally formalise child arrangements with court orders. Read All

• Family Violence Safety Notices and Intervention Orders under the Family Violence Protection Act Victoria

  • Article
  • 23 May 2013
  • Silvio Auditore

  In Victoria, legal protection is available for family members and their associates who need protection from a family member who is subjecting them to family violence. Family violence has a broad legal definition which includes abuse which is physical, sexual, emotional, threatening, economically abusive, or, in any other way controls or dominates the family member and causes that family member to feel fear for his/her safety. Read All

• Which Family Law Court in Melbourne?

  • Article
  • 08 Apr 2013
  • Silvio Auditore

  Clients are sometimes confused about which Family Law Court is appropriate to hear their case in Melbourne. This is understandable as there are three separate courts on the same street in Melbourne which have jurisdiction on Family Law related issues. Read All

• How long does it take to get a Divorce in Melbourne?

  • Article
  • 01 Apr 2013
  • Silvio Auditore

  Applying for a Divorce in Melbourne is a fairly quick process and, if handled efficiently, can be completed within three or so months of filing your Divorce Application with the Court in Melbourne. There are certain requirements before you are legally allowed to file your Divorce Application, these are: Read All

• Achieving a Fair Family Law Settlement for De Facto and Same Sex Couples in Victoria

  • Article
  • 15 Mar 2013
  • Silvio Auditore

  The Family Law in Victoria is now almost exclusively governed by the Family Law Act (Commonwealth) whether you are married, or in a de facto or same sex relationship. The State of Victoria previously had the power to make laws concerning couples who were not married, but referred those powers to the Commonwealth Government in 2009. Read All

• Can I move out of Victoria without a Family Law Court Order?

  • Article
  • 01 Mar 2013
  • Silvio Auditore

  Whether you are allowed to move out of your current home to a new place depends on a number of factors. Read All

• Can I apply for a Divorce in Australia if I was married overseas?

  • Article
  • 01 Feb 2013
  • Silvio Auditore

  An Australian Court has the jurisdiction to grant a Divorce if you were married outside of Australia, as long as at least one of the following pre-conditions apply: Read All

• Finding the Best Family Law Firm in Melbourne

  • Article
  • 15 Jan 2013
  • Silvio Auditore

  So your spouse has just announced, "It's over!" and you need to find a law firm to help guide you through one of the most stressful situations you are going to face. Where do you start? Do you go back to your local conveyancing law firm who looked after the purchase of your home? Read All

• Why are there more Intervention Orders in the Melbourne Magistrates Court?

  • Article
  • 14 Dec 2012
  • Silvio Auditore

  Over the past years, there has been a great increase in the number of Court Applications made to the Melbourne Magistrates’ Court for the granting of Intervention Orders under Victoria’s Family Violence legislation. There may be a number of reasons for this. Read All

• Social Networks - a Divorce Lawyer’s Nightmare or Dream- depending whose side you are on!

  • Article
  • 11 Apr 2012

  Watch Out- Social Networks- A Divorce Lawyers Nightmare (or Dream) What you say on FaceBook or Twitter may well end up as evidence in the Family Law Courts! Read All

• Parenting Orders

  • Article
  • 12 Mar 2012
  • Silvio Auditore

  Section 61DA of the Family Law Act requires a Court, when making a parenting order in relation to a child, to apply a presumption that it is in the best interests of the child for the child's parents to have equal shared parenting responsibility for the child. Read All

• Collaborative Family Lawyers - What Women (and Men) Want!

  • Article
  • 10 Aug 2011
  • Silvio Auditore

  Marriage is a strange phenomenon that happens to human beings. And the best part is, both the unmarried and the married are unhappy, though for radically opposite reasons, one for not being married, and the other for being married. Read All

• Finding out with Family Law: Parentage Tests

  • Article
  • 11 Apr 2011
  • Silvio Auditore

  Parentage tests determining the parent of the child may be needed for Family Law Lawyer matters such as child support payments, custody, access, inheritance and adoption. But with these matters, more matters arise including questions about processes and legal requirements. Read All

• Family Court Stops Mother Taking Children Overseas to live

  • Article
  • 30 Jul 2010
  • Silvio Auditore

  In the case of Cowley and Mendoza decided in the Family Court of Australia in July 2010, a mother of two young children aged 3 and 5 was refused permission to take those children back to her home-land of Brazil. The father was an Australian and he had met the mother whilst on a back-packing holiday. Read All

• It's Not Just a "New Mistress Law": Family Law Act Now Applies to De Facto Marriage and Same-Sex Relationships

  • Case Study
  • 15 Apr 2009
  • Silvio Auditore

  On 1 March 2009, new Commonwealth laws for spousal maintenance and the division of property for people in de facto relationships came into force. The Commonwealth Family Law Act 1975 now applies to both married and de facto couples as well as same-sex couples. Previously, de-facto relationships were covered by State Laws and disputes between de-facto couples were determined by State Courts such as the Supreme Court and County Court- Such disputes are now within the jurisdiction of the Family Court of Australia and the Federal Magistrates Court, as are disputes concerning children of all relationships. Read All

• Family Court Pre Action Procedures

  • Article
  • 09 Mar 2009
  • Silvio Auditore

  Read All

• Family Law Disclosure Rules

  • Article
  • 22 Jan 2009
  • Silvio Auditore

  A direct extract from Family Law Rules- Parts 13.1 and 13.2 Read All