Accredited Family Law & Divorce Specialists In Queensferry
We understand family law. Our Child Custody Lawyers Queensferry have actually represented numerous family law customers for many years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having particular proficiency in divorce, child custody and home division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you acquire the best possible result. If you are aiming to engage the services of some of the best family legal representatives Queensferry has to offer, then look no further. When engaging among our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Queensferry, the Family Law Act 1975 developed 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 infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is normally 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 continuous duration and suggests more than physical separation where there is no possibility 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 provided the other with some home services. It may be difficult to establish that separation has taken place in these situations and accordingly the Court will need evidence in support 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 person by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to reside in Queensferry indefinitely or otherwise have the ability to provide 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 actually been married for less than 2 years, the Court needs 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 think about that proper plans have been produced any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that family, and under the age of 18.
When a Divorce has been granted the Divorce ends up being reliable one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Queensferry
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are needed to go to, take part and make an authentic attempt in resolving any parenting issues at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the terms of that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more settlements can be set up with the support of lawyer, arbitrators and counsellors Queensferry.
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 confirmation that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to concern the very best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the children have the advantage of both of their moms and dads having a meaningful participation in their lives, to the optimum extent consistent with the very best interest of the child; and
protecting the children from physical and psychological harm and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that children get sufficient and appropriate parenting to help them accomplish their full potential; and
guaranteeing that moms and dads satisfy their duties, and satisfy their responsibilities, concerning the care, well-being and development of their children.
There are other factors that the Court may take into consideration in any particular situations.
Why Choose Our Child Custody Lawyers Queensferry VIC
We are passionate about offering a specialized Family Law service Queensferry that welcomes you, understands you and shows you empathy in hard times. Learn why you can be guaranteed of our commitment to your legal needs.