Accredited Family Law & Divorce Specialists In Regent West
We know family law. Our Child Custody Lawyers Regent West have actually represented numerous family law customers over the years and act for mums, dads, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having specific competence 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 achievable, then we will represent you expertly throughout the Court process so that you obtain the best possible outcome. If you are planning to engage the services of a few of the best family solicitors Regent West has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Regent West, 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 adultery, violence or desertion are unimportant. 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 marriage submits 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 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 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 supplied the other with some household services. It might be difficult to establish that separation has actually occurred in these scenarios and appropriately the Court will require evidence in support 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 developed, you or your spouse needs to regard Australia as your home, plan to live in Regent West indefinitely or otherwise have the ability to provide 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 married 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 have to think about 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 household, and under the age of 18.
Once a Divorce has actually been approved the Divorce becomes efficient one month and one day after the Order has actually been made.
Once a Divorce has actually taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal upkeep. An extension to this period might be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Regent West
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to go to, take part and make a real effort in resolving any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be set up with the assistance of solicitor, arbitrators and counsellors Regent West.
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 actually attempted a conflict 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 should concern the very best interests of the kid as the vital consideration.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the children have the advantage of both of their moms and dads having a significant participation in their lives, to the optimum degree constant with the best interest of the child; and
protecting the kids from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that children receive appropriate and correct parenting to assist them attain their complete potential; and
ensuring that moms and dads fulfil their duties, and fulfill their obligations, concerning the care, welfare and advancement of their children.
There are other aspects that the Court may take into account in any particular circumstances.
Why Choose Our Child Custody Lawyers Regent West VIC
We are passionate regarding giving a specialty Family Law service Regent West that welcomes you, understands you and also shows you empathy in hard times. Discover why you can be assured of our commitment to your legal needs.