Accredited Family Law & Separation Specialists In Piavella
We understand family law. Our Child Custody Solicitors Piavella have actually represented numerous family law clients for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having particular knowledge in divorce, child custody and property division.
We are devoted to assisting 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 get the very best possible outcome. If you are looking to engage the services of some of the best family lawyers Piavella has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Piavella, the Family Law Act 1975 developed 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 infidelity, violence or desertion are irrelevant. 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 submits the application, or a joint application where both parties file the application together.
An application for Divorce is just readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and implies 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 actually 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 provided the other with some home services. It may be tough to establish that separation has actually taken place in these situations and appropriately the Court will require evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have 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, plan to reside in Piavella indefinitely or otherwise be able to supply proof that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been married 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 consider that appropriate plans have actually 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 home, and under the age of 18.
Once a Divorce has actually been given the Divorce ends up being reliable one month and one day after the Order has been made.
As soon as a Divorce has taken effect, 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 granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Piavella
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the start of any Court proceedings the parties are required to go to, take part and make a real attempt in fixing any parenting issues at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more settlements can be organized with the help of lawyer, conciliators and counsellors Piavella.
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 tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court must regard the best interests of the child as the vital consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum extent consistent with the very best interest of the child; and
securing the children from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids receive appropriate and correct parenting to assist them accomplish their full potential; and
ensuring that moms and dads satisfy their responsibilities, and meet their duties, concerning the care, well-being and advancement of their children.
There are other elements that the Court might take into account in any particular scenarios.
Why Choose Our Child Custody Lawyers Piavella VIC
We are passionate regarding giving a specialized Family Law service Piavella that welcomes you, understands you and also shows you empathy in tough times. Find out why you can be guaranteed of our dedication to your legal requirements.