Accredited Family Law & Divorce Specialists In Parkdale
We know family law. Our Child Custody Solicitors Parkdale have actually represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandfathers, 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 competence in divorce, child custody and home 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 obtain the very best possible outcome. If you are aiming to engage the services of a few of the best family lawyers Parkdale has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Parkdale, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is typically submitted 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 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 suggests more than physical separation where there is no probability of reconciliation.
The application can be opposed in circumstances 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 supplied the other with some household services. It may be challenging to develop that separation has occurred in these scenarios and accordingly 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 partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to live in Parkdale 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 actually 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 consider that proper arrangements 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 dealt with as a member of that family, and under the age of 18.
When a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has been made.
As soon as a Divorce has actually worked, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Parkdale
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court procedures the parties are required to go to, participate and make an authentic attempt in resolving any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be organized with the help of lawyer, mediators and counsellors Parkdale.
If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have tried a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should concern the very best interests of the child as the paramount factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum degree constant with the best interest of the kid; and
securing the children from physical and psychological damage and from undergoing, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids get appropriate and correct parenting to assist them attain their full potential; and
ensuring that parents satisfy their duties, and meet their responsibilities, concerning the care, welfare and development of their kids.
There are other factors that the Court may take into consideration in any particular situations.
Why Choose Our Child Custody Lawyers Parkdale VIC
We are passionate regarding offering a specialty Family Law service Parkdale that welcomes you, understands you as well as shows you empathy in tough times. Figure out why you can be assured of our dedication to your legal requirements.