Accredited Family Law & Divorce Specialists In Powelltown
We understand family law. Our Child Custody Solicitors Powelltown have 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 experienced family law and divorce solicitors can represent you in all elements of family law, having particular proficiency in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible outcome. If you are looking to engage the services of some of the very best family legal representatives Powelltown has to offer, then look no further. When engaging among our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Powelltown, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has 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 marital relationship files the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a constant period and implies more than physical separation where there is no probability of reconciliation.
The application can be opposed in situations 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 offered the other with some home services. It may be hard to establish that separation has happened in these circumstances and accordingly the Court will need evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse 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, plan to live in Powelltown forever or otherwise be able to supply evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has been wed for less than 2 years, the Court requires 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 proper arrangements have been produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.
As soon as a Divorce has actually been granted the Divorce becomes efficient one month and one day after the Order has been made.
As soon as a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period may be granted in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Powelltown
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 proceedings the parties are needed to go to, participate and make a real effort in solving any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, further negotiations can be set up with the assistance of lawyer, arbitrators and counsellors Powelltown.
If no agreement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court must concern the best interests of the child as the critical consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum level consistent with the very best interest of the child; and
protecting the kids from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
making sure that kids receive appropriate and correct parenting to assist them achieve their full potential; and
making sure that parents satisfy their responsibilities, and satisfy their obligations, concerning the care, welfare and advancement of their children.
There are other factors that the Court may take into consideration in any specific circumstances.
Why Choose Our Child Custody Lawyers Powelltown VIC
We are passionate regarding offering a specialty Family Law service Powelltown that welcomes you, understands you as well as shows you empathy in difficult times. Figure out why you can be assured of our commitment to your legal demands.