Accredited Family Law & Divorce Specialists In Strathfieldsaye
We know family law. Our Family Lawyers Strathfieldsaye have actually represented numerous family law clients for many years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific knowledge in divorce, child custody and home division.
We are devoted to helping 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 very best possible result. If you are looking to engage the services of some of the best family solicitors Strathfieldsaye has to offer, then look no further. When engaging among our professionals, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Strathfieldsaye, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually 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 marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month period 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 handle 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 residing under the exact same roof or if one has actually supplied the other with some family services. It may be hard to establish that separation has happened in these situations and appropriately the Court will require 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 have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, plan to live in Strathfieldsaye forever or otherwise be able to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been wed 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 need to think about that correct plans have actually been produced 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.
As soon as a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has been made.
When a Divorce has actually worked, there is only a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period might be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Strathfieldsaye
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court procedures the parties are needed to participate in, participate and make a real effort in dealing with any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be set up with the support of lawyer, mediators and counsellors Strathfieldsaye.
If no contract can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court proceedings.
In parenting matters, a Court should relate to the best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
guaranteeing that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the maximum level consistent with the very best interest of the child; and
securing the children from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and
making sure that children get adequate and appropriate parenting to assist them accomplish their complete potential; and
guaranteeing that moms and dads fulfil their tasks, and fulfill their responsibilities, concerning the care, well-being and development of their children.
There are other elements that the Court might take into account in any specific scenarios.
Why Choose Our Family Lawyers Strathfieldsaye VIC
We are passionate regarding giving a specialized Family Law service Strathfieldsaye that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be assured of our commitment to your legal needs.