Articles & Cases

  • 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

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