Accredited Family Law & Divorce Specialists In Sunset Strip
We understand family law. Our Family Lawyers Sunset Strip have represented numerous family law customers for many years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having specific expertise in divorce, child custody and 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 skillfully throughout the Court procedure so that you obtain the best possible result. If you are planning to engage the services of a few of the best family solicitors Sunset Strip has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Sunset Strip, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties submit the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a continuous period and means more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances 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 offered the other with some home services. It might be challenging to establish that separation has actually happened in these circumstances and accordingly the Court will need proof in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, intend to reside in Sunset Strip indefinitely or otherwise be able to supply proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually been married for less than 2 years, the Court requires the parties to go to 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 consider that correct arrangements have 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 home, and under the age of 18.
Once a Divorce has actually been given the Divorce becomes 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 upkeep. An extension to this duration might be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Sunset Strip
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 required to attend, take part and make a genuine attempt in resolving any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, further settlements can be set up with the support of lawyer, mediators and counsellors Sunset Strip.
If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must relate to the best interests of the kid as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the optimum degree consistent with the very best interest of the child; and
safeguarding the kids from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
making sure that kids receive adequate and proper parenting to assist them accomplish their complete potential; and
making sure that parents fulfil their tasks, and satisfy their duties, concerning the care, welfare 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 Sunset Strip VIC
We are passionate about offering a specialized Family Law service Sunset Strip that welcomes you, understands you and also shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal demands.