Accredited Family Law & Separation Specialists In Point Lonsdale
We understand family law. Our Child Custody Solicitors Point Lonsdale have actually represented numerous family law customers for many years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having specific expertise 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 acquire the very best possible result. If you are seeking to engage the services of a few of the best family legal representatives Point Lonsdale has to offer, then look no further. When engaging among our specialists, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Point Lonsdale, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are irrelevant. 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 files 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 constant period and indicates 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 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 living under the exact same roof or if one has actually offered the other with some household services. It might be challenging to develop that separation has actually taken place in these circumstances and appropriately the Court will need proof 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, plan to live in Point Lonsdale forever or otherwise be able to offer proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been wed 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 consider that appropriate arrangements have 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 family, and under the age of 18.
Once a Divorce has been given the Divorce becomes efficient one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration may be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Point Lonsdale
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are required to participate in, take part and make an authentic effort in dealing with any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that arrangement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more settlements can be set up with the help of lawyer, conciliators and counsellors Point Lonsdale.
If no agreement can be reached beyond 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 attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must regard the best interests of the child as the paramount factor to consider.
Inning accordance with section 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 moms and dads having a meaningful involvement in their lives, to the maximum level constant with the best interest of the kid; and
protecting the children from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that children get adequate and proper parenting to assist them attain their full potential; and
ensuring that parents satisfy their tasks, and fulfill their responsibilities, concerning the care, well-being and advancement of their children.
There are other factors that the Court might consider in any particular scenarios.
Why Choose Our Child Custody Lawyers Point Lonsdale VIC
We are passionate about providing a specialized Family Law service Point Lonsdale that welcomes you, understands you and shows you empathy in difficult times. Figure out why you can be assured of our commitment to your legal demands.