Silvio Auditore

BOOKr Lawyer

ABOUT ME

Barrister and Solicitor (admitted to practise in 1983) ~ Family Law Specialist Accredited by the Law Institute of Victoria (since 1990) Bachelor of Jurisprudence and Bachelor of Laws
~ Accredited FindLaw Feature Writer in Family Law ~
 A Founding Member of the Collaborative Law Committee of the Law Institute of Victoria

Silvio Auditore is the founder of the firm. Initially a General Legal Practitioner, he developed an expertise in Family Law very quickly and he was amongst the first family lawyers in Australia to gain recognised accreditation as a Specialist.

Silvio has specialist experience in all areas of Family Law. He has represented the Australian Government in international child abduction cases under the Hague Convention and he has a keen interest in complex financial cases, having studied accounting at university level. He also delivers family law related seminars to lawyers, accountants and MBA students.

His memberships include Family Law Section of the Law Institute of Victoria and Family Law Section of the Law Council of Australia.  Out of work hours, Silvio plays bass guitar in a rock band.

SPECIALTIES

  • Family Law

PUBLISHED ARTICLES

  • When Can I make a Claim for Property Settlement as a De Facto Partner?18 July 2017 – In Australia, the Family Law relating to De Facto partners is substantially the same as the law relating to people who are legally married. The Family Law Act covers married people and de facto couples, including those in homosexual relationships.
  • Recognition of Foreign Marriages and Same-Sex Divorces in Australia6 April 2017 – We are often asked about whether Marriages which originated outside Australia are recognised under the Family Law of Australia.
  • Defending an Intervention Order in Victoria25 January 2017 – An Intervention Order is a Court Order which is made by a Magistrate in the Magistrates’ Court of Victoria against a person (the Respondent) who has committed family violence against a family member (the Aggrieved Family Member).
  • Can I move with my child to live in a different suburb or outside of Melbourne without the other parent’s consent?20 July 2016 – Some of the most frequent questions asked by clients of Melbourne Family Lawyers are concerning the issue of whether the client is allowed to take a child to live somewhere else, be that within Australia or overseas.
  • Melbourne Family Court allows Mother and Child’s Relocation to USA21 June 2016 – In January 2015, our client, 30 year old USA citizen Miranda (not her real name) was referred to Melbourne Family Lawyers by United States Embassy staff in Melbourne, as her marriage to her 35 yo Australian Husband, Bruce (not his real name) had broken down. Miranda’s legal problem was that she wanted to return home to the United States, with her 3 year old daughter, but her Husband objected to such an arrangement.
  • When is Spousal Maintenance Payable?31 August 2015 – Spousal Maintenance (also called alimony in some countries) may be payable in Australia by one spouse (or de-facto partner) to the other under some circumstances pursuant to the provisions of the Family Law Act.
  • The Best Family Law Advice from Melbourne Family Lawyers20 July 2015 – At Melbourne Family Lawyers, we don’t offer a “free” first consultation and use it to market our services to you. The first meeting with one of our lawyers is scheduled for one hour because we know it will take a bit of time to listen to your story so that we can understand your situation and what is important to you and what you would like to achieve.
  • When should I apply for a Divorce?22 April 2015 – A Divorce Order provides legal recognition of the fact that that you are no longer married. Upon a Divorce Order becoming final, you are legally free to re-marry should you wish to do so. In order to apply for a Divorce, you must firstly be separated for at least one year.
  • Is my Spouse entitled to a share of my Superannuation if I separate?20 January 2015 – 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.
  • If I win Tatts Lotto, do I have to share the winnings with my ex spouse?10 December 2014 – 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.
  • Beware of Family Lawyers offering Free Initial Consultations26 November 2014 – 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?
  • Do I get to keep my inheritance in a Family Law Property Settlement?30 October 2014 – 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.
  • Why Mediation can be better than going to Court25 August 2014 – 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.
  • The Question: How much overnight time should a child spend with the other parent?30 June 2014 – 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?
  • How much overnight time should a child spend with the other parent?23 June 2014 – 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.
  • Winning International Child Custody Cases8 May 2014 – 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.
  • Achieving a Family Law Property Settlement with a “Bully” Spouse27 February 2014 – 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.
  • How to Achieve a Fair Family Law Property Settlement?6 January 2014 – 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.

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