As COVID-19 continues to develop, we extend our thoughts to those affected by the virus, and our gratitude for the healthcare professionals and others who are helping our community through this difficult time. Measures recommended by the Commonwealth and Victorian Governments’ Health Departments have been adopted to ensure our clients and team should not be impacted. The health and safety of our clients and team are really paramount. We have ensured seamless ongoing operation through the activation of the firm’s Business Continuity Plan. Berry Family Law can and shall, through that plan, conti ..read more

2016 is going to be a year of transformation and development for victims of family violence. Family Violence is the most prevalent form of violence in Victoria. While both men and women can be perpetrators and victims of family violence, the overwhelming majority of perpetrators are men, and the majority of victims are women and children. There are many causes of family violence. The key causes include gender inequality, cultural background and community attitude towards women. There are also various factors which may cause one to commit family violence and they include alcohol and drug abuse ..read more

There are three different Acts that need to be considered in relation to family violence and cyber stalking. The Family Law Act defines family violence as “violent, threatening or other behaviour by a person that coerces or controls a member of the person’s family (the family member) or causes the family member to be fearful”.The Family Violence Protection Act defines family violence as: (a) behaviour by a person towards a family member of that person if that behavior:     (i) is physically or sexually abusive; or     (ii) is emotionally or psychologically abusive ..read more

We want to get the best result for you – net of legal costs.  Taking a pragmatic approach can minimise your costs.  Here are a few hints aimed at getting better value, working together. If you are providing us with documents, copy or print the documents yourself. Otherwise you will incur charges for copying and/or printing the documents. If you collate the documents into order and include an index if possible, it will save your lawyer’s time and your money. Try to avoid sending voluminous amounts of documents attached to emails. You will incur charges for us printing the documents ..read more

The separation process is the target of much commentary and many people consider it to be long, expensive and difficult for couples to navigate. One difficulty is where a person desires fast and amicable finalization and the other wants to fight at every opportunity. These are some strategies that can keep things on the path to a better resolution. Understand what matters to you early on Taking time to reflect on the things that matter can be an invaluable first step. It’s always tempting to go into a separation process with a list of outcomes that you “must” have, but doing so is often the ..read more

Divorce is the formal legal ending of a marriage. To obtain a divorce you need to show your marriage has irretrievably broken down. This is demonstrated by being separated for at least 12 months with there being no likelihood of the relationship resuming. It is possible to be separated under one roof if certain criteria are met. There are additional requirements if you are applying for a divorce and are separated under one roof. Steps to obtaining a divorce in Australia Prepare your divorce application. Sign your divorce application before a qualified witness. File your divorce appl ..read more

Clients often ask for legal advice about “custody” arrangements for children. However, under the Family Law Act 1975 (Cth), the concept of “custody” no longer exists. Instead, when deciding parenting Orders the Family Law Courts must consider the issues of: the allocation of “parental responsibility”; which person the children should “live” with; and which person the children should “spend time” with. In all decisions about children, the Court must have regard to the child’s best interests as the paramount consideration. In determining parenting disputes on a final basis, the Court must firs ..read more

Radu became a member of the Berry Family Law team in early 2019. This year he met the criteria for and then applied to the Law Institute of Victoria to be recognised and accredited as a Family Law Specialist. His successful accreditation was confirmed on 8 November 2021. Before applying for specialist accreditation, a lawyer must prove they have a minimum of five years experience in family law. Their application must be seconded by referees of recognised competence and impeccable reputation. Once an application is accepted, the Law Institute of Victoria requires the applicant to complete a r ..read more

Across Australia, State and Territory Governments have put in place various restrictions as a result of Covid-19. These restrictions can make the difficult process of separating even more complex. Usually, separation occurs when one party moves out of the family home and starts living elsewhere, such as at a rental property or with friends or family. Separation can also occur when a marriage has ended but the parties have nevertheless remained living together in the same house. This is often called “separating under the one roof”. For a variety of reasons, parties who separate during the Covid ..read more

What is a binding child support agreement? A Binding Child Support Agreement is a written agreement between parents or carers as to the payment of child support for a child. Both parties are required to obtain legal advice before entering into a binding child support agreement. When can a binding child support agreement be terminated? Typically, a binding child support agreement will continue to operate until the date specified in the agreement. However, a binding child support agreement can be terminated in the following limited circumstances: by entering into a subsequent binding child supp ..read more