Accredited Family Law & Divorce Specialists In Prahran
We know family law. Our Child Custody Lawyers Prahran have actually represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled 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 dedicated to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you acquire the very best possible outcome. If you are looking to engage the services of some of the very best family lawyers Prahran has to offer, then look no more. When engaging among our specialists, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Prahran, the Family Law Act 1975 developed 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 infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is generally 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 only readily available 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 likelihood 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 same roof or if one has actually supplied the other with some home services. It might be challenging to establish that separation has actually happened in these scenarios and appropriately 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 partner will have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, mean to live in Prahran indefinitely or otherwise have the ability to provide proof 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 married 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 correct arrangements have actually been made for any child of the marriage, 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.
As soon as a Divorce has been granted the Divorce becomes efficient one month and one day after the Order has been made.
Once a Divorce has actually worked, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration might be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Prahran
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to go to, get involved and make a real attempt in solving any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, even more negotiations can be arranged with the assistance of solicitor, conciliators and counsellors Prahran.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need verification that the parties have actually tried a dispute 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 concern the very best interests of the child as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum level consistent with the very best interest of the kid; and
securing the kids from physical and psychological damage and from going through, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive adequate and appropriate parenting to assist them accomplish their complete potential; and
ensuring that parents fulfil their tasks, and satisfy their duties, concerning the care, well-being and advancement of their kids.
There are other elements that the Court may take into account in any specific situations.
Why Choose Our Child Custody Lawyers Prahran VIC
We are passionate regarding providing a specialized Family Law service Prahran that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be assured of our dedication to your legal demands.