Accredited Family Law & Separation Specialists In Piedmont
We understand family law. Our Child Custody Lawyers Piedmont have actually represented hundreds of family law clients over the years and act for mums, dads, grandmothers, grandfathers, 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 specific expertise in divorce, child custody and residential or commercial property division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the very best possible result. If you are wanting to engage the services of some of the best family lawyers Piedmont has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Piedmont, the Family Law Act 1975 established 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 accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is generally 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 file the application together.
An application for Divorce is just available after a 12 month period of separation. This 12 month separation duration is to be a continuous period and indicates more than physical separation where there is no possibility 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 same roof or if one has actually offered the other with some household services. It may be difficult to establish that separation has actually occurred in these circumstances and accordingly 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 spouse will have to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to reside in Piedmont indefinitely or otherwise have the ability to provide proof that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually been wed for less than 2 years, the Court needs 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 correct arrangements 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 treated as a member of that home, and under the age of 18.
As soon as a Divorce has been granted the Divorce becomes efficient one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Piedmont
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 child’s life.
Prior to the start of any Court proceedings the parties are required to participate in, participate and make a real attempt in dealing with any parenting problems at a family dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be arranged with the help of solicitor, arbitrators and counsellors Piedmont.
If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court should relate to the very best interests of the child as the vital consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum level constant with the very best interest of the kid; and
protecting the children from physical and psychological harm and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that children get adequate and appropriate parenting to assist them achieve their complete potential; and
guaranteeing that parents satisfy their responsibilities, and fulfill their responsibilities, concerning the care, well-being and advancement of their children.
There are other elements that the Court may take into consideration in any particular circumstances.
Why Choose Our Child Custody Lawyers Piedmont VIC
We are passionate regarding providing a specialized Family Law service Piedmont that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be guaranteed of our dedication to your legal demands.