Accredited Family Law & Separation Specialists In Tallandoon
We know family law. Our Family Lawyers Tallandoon have actually represented hundreds of family law customers throughout the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular expertise 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 achievable, then we will represent you expertly throughout the Court procedure so that you get the best possible outcome. If you are seeking to engage the services of a few of the best family legal representatives Tallandoon has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Tallandoon, 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 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 marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation duration 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 situations 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 residing under the very same roof or if one has offered the other with some family services. It might be challenging to develop that separation has taken place in these scenarios and accordingly 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 person by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, intend to reside in Tallandoon forever or otherwise be able to offer proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed 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 proper plans have actually 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.
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.
As soon as a Divorce has worked, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration may be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Tallandoon
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 kid’s life.
Prior to the start of any Court proceedings the parties are required to attend, take part and make a genuine effort in solving any parenting issues at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be arranged with the support of lawyer, conciliators and counsellors Tallandoon.
If no contract can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to concern the very best interests of the kid as the vital consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
guaranteeing that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum extent consistent with the very best interest of the kid; and
safeguarding the children from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get sufficient and appropriate parenting to assist them accomplish their full potential; and
guaranteeing that parents fulfil their tasks, and satisfy their responsibilities, concerning the care, well-being and development of their kids.
There are other factors that the Court might consider in any specific situations.
Why Choose Our Family Lawyers Tallandoon VIC
We are passionate about providing a specialty Family Law service Tallandoon that welcomes you, understands you and also shows you empathy in difficult times. Figure out why you can be assured of our dedication to your legal requirements.