Amongst the many uncertainties and challenges that families face when separating, one of the most daunting prospects is what happens when there is disagreement as to future parenting arrangements for their children. Typically the first, and most common, outcome is a process called Family Dispute Resolution (“FDR”). FDR is a form of mediation where a Family Dispute Resolution Practitioner will assist the parents to try to enter into a Parenting Plan. This is a non-enforceable document that details the arrangements made, but to which the Court must later have regard to, if doing so would be in t ..read more

When you separate from your spouse or partner, the thought that you will need to fight them in Court and devote your time, emotion and money to that fight might be just as stressful as the separation itself.  But it doesn’t have to be that way. There is a robust process both inside and outside of the Court to achieve fair outcomes through what is termed “alternate dispute resolution”. What is alternative dispute resolution? This term means a lot of different things, but primarily refers to direct and facilitated negotiation.  Which pathway we use depends on what we learn when we list ..read more

From 6 May 2024 the law determining how a Court makes parenting orders has changed. While many parents can reach agreement on parenting arrangements for their children when their relationship ends, when they cannot agree they (or certain caregivers) can apply to the Family Court for Parenting Orders. Orders made by the Family Court will generally cover a range of issues, such as the time a child is to spend with each parent, and who is responsible for making decisions about major long-term issues. The Court must always make Orders that are in the best interests of the child. The Family Law Ame ..read more

You may have read recent media reports concerning former AFL star Nathan Buckley having to sell his vast collection of football memorabilia amassed during his playing career, including his 2003 Brownlow Medal and 2002 Norm Smith Medal. When couples separate, it is vitally important to determine the identity and value of the pool of assets and liabilities available at the date of separation. Those assets can include a broad range of items, such as real estate (residential and investment), businesses, vehicles, superannuation, and other investments. Often the only way to determine the true value ..read more

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