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Parenting Plans vs Orders: Which is right for you? 

We discussed what parenting orders are last time on Melbourne-based law firm Melmark Law’s FAQ series. They are parenting arrangements made by the Court for a child after a separation, usually when both parents cannot amicably agree on what’s best for their children.  However, former partners who agree on the care of their children can […]

How to Navigate Child Custody Battles

Parenting is not easy. It can be emotionally draining, stressful, and restless at times. It can be even more difficult if you’re going through a divorce or separation, especially if you’re involved in a custody battle.  Unfortunately, ending a relationship or marriage and having a child means that as a parent you face many challenges and […]

What does separation under one roof mean?

What does separation under one roof mean? It might sound contradictory, but it is a Family Law concept which means that a divorce can be completed even if the parties have lived in the same place during the required separation period. To understand how separation under one roof works, we need to look at the […]

How does writing a will help you?

Why should you write a will? Have you bought a new home, gotten married or become new parents. You could also want to avoid conflicts after your death, or to give a specific gift to a family member or friend. A will can help you in most of these events. Without a will, you pass […]

Debunking 5 myths in Australian Family Law

Let’s take a look at some of the most common myths in Australian Family Law Parents have a right to joint custody of their children Children don’t need to spend equal amounts of time with each parent legally, although the law can be unclear on the subject of “custody.” The child’s best interests matter the […]

The Role of Family Lawyers During Separation

Family Lawyers during separation – helpful, or not? Separation is a tough situation to deal with. Financial disputes, spousal support, living arrangements, and transport are just a few things that could overwhelm you. If you have children, you also have the hard job of making sure their daily lives are affected as little as possible. […]

10 must-read tips for estate planning

Estate planning can be overwhelming and confusing. It is often hard to think about what life will be like after we are gone. Not to mention, understanding the complexities of estate planning is tough if you are not an expert. That is where estate planning lawyers come in. They can guide you through this legal […]

Divorce

Divorce is the legal end of a marriage (dissolution of marriage). Australia has ‘no fault’ divorce. This means that when granting a divorce, the Court does not consider the reason/s the marriage ended. Neither spouse needs to prove that the other did (or did not) do something which caused the breakdown of the marriage. The only […]

Separation: Finances and property

When people separate (whether from a marriage or a de facto relationship), they usually need to sort out how to divide their property and debts. One person may also need financial support from the other, either for themselves in the form of spousal or de facto maintenance (which can arise out of both a marriage or a […]