Family Law Advice Stradbroke Park VIC

Accredited Family Law & Divorce Specialists In Stradbroke Park

We understand family law. Our Family Lawyers Stradbroke Park have actually represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having particular proficiency in divorce, child custody and residential or commercial property division.

We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you obtain the best possible outcome. If you are wanting to engage the services of some of the very best family lawyers Stradbroke Park has to offer, then look no more. When engaging among our experts, you can rest assured you have the best in your corner.

Divorce

A Divorce is the legal dissolution of a marriage.

In Stradbroke Park, 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 infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.

Any application for Divorce is normally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties file the application together.

An application for Divorce is only offered after a 12 month period of separation. This 12 month separation period is to be a continuous duration and implies more than physical separation where there is no probability 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 not been separated for more than 12 months.

An application can still be made while the parties are living under the very same roof or if one has actually provided the other with some household services. It may be hard to develop that separation has actually taken place in these situations and appropriately the Court will require evidence in assistance of the application.

In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to reside in Stradbroke Park indefinitely or otherwise have the ability to provide proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.

In instances where a couple has been married for less than 2 years, the Court requires the parties to participate in 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 need to think about that appropriate arrangements have been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.

Once a Divorce has been given the Divorce ends up being effective one month and one day after the Order has actually been made.

When a Divorce has actually taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this period may be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Stradbroke Park

Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.

Prior to the start of any Court proceedings the parties are needed to go to, get involved and make an authentic effort in dealing with any parenting concerns at a family dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.

If a contract is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no agreement can be reached, further settlements can be set up with the assistance of lawyer, conciliators and counsellors Stradbroke Park.

If no agreement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.

In parenting matters, a Court should relate to the best interests of the kid as the vital consideration.

According to area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:

ensuring that the children have the advantage of both of their moms and dads having a significant participation in their lives, to the maximum level consistent with the best interest of the kid; and

safeguarding the children from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and

ensuring that children get sufficient and proper parenting to help them attain their complete potential; and

making sure that parents satisfy their duties, and meet their obligations, concerning the care, welfare and development of their kids.

There are other factors that the Court may take into account in any specific scenarios.

Why Choose Our Family Lawyers Stradbroke Park VIC

We are passionate regarding providing a specialized Family Law service Stradbroke Park that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be guaranteed of our commitment to your legal requirements.

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