Family & Divorce Law Specialists
We know family law. Our Family Solicitors in Melbourne have actually represented numerous family law customers over the years and act for mums, dads, grandmas, grandfathers, married 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 specific knowledge in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as rapidly 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 planning to engage the services of some of the very best family legal representatives Melbourne has to offer, then look no more. When engaging among our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Australia, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle 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 marriage has actually broken down irretrievably.
Any application for Divorce is usually 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 readily available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and means 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 residing under the very same roof or if one has supplied the other with some home services. It might be tough to establish that separation has actually occurred in these circumstances 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 partner 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, mean to reside in Australia forever or otherwise be able to supply evidence that you resided in Australian for at least 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 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 think about that correct plans 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 been granted the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has worked, there is only a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this duration may be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
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, get involved and make a real attempt in resolving any parenting concerns at a family disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no agreement can be reached, even more settlements can be organized with the help of solicitor, arbitrators and counsellors.
If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have actually 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 should relate to the very best interests of the child as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are met by:
guaranteeing that the children have the advantage of both of their parents having a significant involvement in their lives, to the optimum extent consistent with the best interest of the kid; and
safeguarding the kids from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children get adequate and appropriate parenting to help them achieve their full potential; and
making sure that moms and dads satisfy their duties, and satisfy their obligations, concerning the care, welfare and advancement of their children.
There are other aspects that the Court may take into consideration in any particular scenarios.