After separation it is not uncommon for a parent to want to relocate with the children, whether to another suburb, interstate or even overseas. If you wish to relocate with


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

6 ways to keep your separation amicable

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

Congratulations to Radu Catrina

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

Custody arrangements for children

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

Covid-19 and binding child support agreements

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.

Covid-19 and Separation

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,

The Family Courts and Covid-19 (Coronavirus)

The Family Law Courts (encompassing both the Family Court of Australia and the Federal Circuit Court of Australia) have adopted a number of practices to ensure that the Courts can

Top Ten Guide for Parents during Covid19

The pressures and stresses associated with COVID can be difficult and may provoke anxiety. These suggestions may help. Stay healthy Model best practice habits for your children to minimise the

Separation mistakes that can cost you money

Separation costs money. There are also mistakes that cost people lots of money and which should be avoided. Posting on social media This one is the quickest way to annoy

Ticking Time Limits

Separation from a mid or long term relationship can be daunting. For most people it might be the most stressful thing which has ever occurred in their life. An easy

Costs in Family Law

Pursuant to s 117 of the Family Law Act 1975, each party to proceedings in family law shall bear their own costs. This is in contrast to other types of

Separation & Inheritances

Two of the most traumatic experiences in a person’s life include divorce and the death of their parents. Both events occurring in a short timeframe must be even more difficult.

How do you determine what a Property Settlement should be?

Contrary to urban myths there is no presumption that property should be divided 50/50, 60/40 or in any arbitrary proportion. The Family Law Act sets out the factors which must

Asset Protection – Financial Agreements (pre nuptial agreements and cohabitation agreements)

When you buy a new home you don’t expect it to burn down but you know this is a risk. So you take out insurance to protect yourself – just

Social media and family law proceedings

Today most households have access to the internet and use social media such as Facebook Twitter, YouTube, Instagram or participate in online forums. Many members of the public will use

A dozen things to do if you have just separated

Contact your bank or financial institution by facsimile or email to stop joint funds from being removed or liabilities increased. Check your Will to see if it is still appropriate.

The Family Courts and Covid-19 (Coronavirus)

The Family Law Courts (encompassing both the Family Court of Australia and the Federal Circuit Court of Australia) have adopted a number of practices to ensure that the Courts can

Coronavirus and Family Law (COVID – 19)

The Coronavirus has already had a massive impact upon day-to-day life in Australia. It has also led to much uncertainty for people navigating separation and post-separation parenting arrangements and financial

A message from our Managing Partner James Turnbull

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

Do you really need a Financial Agreement after separation?

Separated couples are often able to reach an agreement about how they wish to divide their assets. In most circumstances, it is in the interest of each party to formalise

Some hints on how to keep your legal fees down

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

The legal impact of same-sex marriage under Australian law

In December 2017, Australia became the 26th country to legalise same-sex marriage. The legalisation of same-sex marriage in Australia followed a highly-publicised and ultimately successful postal survey of the Australian

Financial Agreements – recent High Court case provides important guidance

In Australia, married and de facto couples are able to enter into Financial Agreements about the division of their finances:- 1. Before they marry or start living together as a

Family Violence & Cyber Stalking – What you need to know

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

Custody Arrangements for Children

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 hearing an Application for

Support for Separated Families

Separation is a time of many changes and it is important to seek support if you need it. However, navigating the maze of services available to separated families can be

Which Court is right for your family law case?

The Family Court of Australia (FCoA) and the Federal Circuit Court of Australia (FCC) both hear family law cases. Both Courts apply the Family Law Act. Both Courts have Judges with

Say NO to Family Violence

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

Changes to child protection law

On Tuesday 2 September, 2014 the Victorian Parliament passed legislation in relation to children and young people in out-of-home care. These changes will come into effect on 1 March, 2016.