Accredited Family Law & Divorce Specialists In Vite Vite North
We understand family law. Our Family Solicitors Vite Vite North have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular expertise in divorce, child custody and property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the best possible result. If you are looking to engage the services of some of the best family solicitors Vite Vite North has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Vite Vite North, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is generally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is only offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and suggests more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to deal with the matter or otherwise where the parties to the proceedings have actually not been separated for more than 12 months.
An application can still be made while the parties are living under the exact same roof or if one has offered the other with some family services. It might be challenging to develop that separation has actually taken place in these circumstances and appropriately the Court will need evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to reside in Vite Vite North forever or otherwise be able to supply proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has been married for less than 2 years, the Court needs the parties to attend a counselling session with a view to reconciliation. There are exceptions to this requirement if there is a history of violence or abuse or where one party can not be located.
At a Divorce hearing, the Court will have to think about that proper arrangements have been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.
Once a Divorce has actually been granted the Divorce becomes reliable one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Vite Vite North
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the commencement of any Court proceedings the parties are needed to go to, get involved and make a real attempt in dealing with any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be arranged with the support of solicitor, arbitrators and counsellors Vite Vite North.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to regard the best interests of the child as the critical consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum level constant with the best interest of the child; and
protecting the kids from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive adequate and correct parenting to assist them achieve their complete potential; and
ensuring that parents fulfil their tasks, and meet their duties, concerning the care, well-being and advancement of their children.
There are other factors that the Court might take into consideration in any particular scenarios.
Why Choose Our Domestic Violence Lawyers Vite Vite North VIC
We are passionate regarding giving a specialized domestic violence lawyer Vite Vite North service that welcomes you, understands you as well as shows you empathy in tough times. Discover why you can be guaranteed of our dedication to your legal needs.