Accredited Family Law & Divorce Specialists In Pinewood
We understand family law. Our Child Custody Lawyers Pinewood have actually represented hundreds of family law clients throughout the years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular expertise in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you get the very best possible result. If you are looking to engage the services of some of the best family lawyers Pinewood has to offer, then look no further. When engaging among our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Pinewood, 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 adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is normally filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation period is to be a continuous period 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 same roof or if one has actually offered the other with some family services. It might be difficult to develop that separation has happened in these circumstances and appropriately the Court will need proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have 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, mean to live in Pinewood indefinitely or otherwise have the ability to offer evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances 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 have to consider that appropriate plans have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that household, and under the age of 18.
Once a Divorce has been granted the Divorce ends up being efficient one month and one day after the Order has been made.
Once a Divorce has worked, there is just a 12 month duration where to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Pinewood
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, participate and make an authentic attempt in fixing any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no contract can be reached, even more settlements can be organized with the assistance of solicitor, conciliators and counsellors Pinewood.
If no agreement 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 actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court should regard the best interests of the kid as the paramount consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the children have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum level consistent with the best interest of the child; and
securing the children from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids receive appropriate and proper parenting to help them attain their full potential; and
making sure that parents satisfy their duties, and meet their responsibilities, concerning the care, welfare and development of their children.
There are other elements that the Court may take into account in any specific situations.
Why Choose Our Child Custody Lawyers Pinewood VIC
We are passionate regarding providing a specialty Family Law service Pinewood that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be assured of our dedication to your legal needs.