Accredited Family Law & Separation Specialists In Royal Melbourne Hospital
We understand family law. Our Child Custody Lawyers Royal Melbourne Hospital have represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific proficiency in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you acquire the very best possible outcome. If you are seeking to engage the services of a few of the very best family lawyers Royal Melbourne Hospital has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Royal Melbourne Hospital, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests 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 marriage 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 duration of separation. This 12 month separation duration is to be a continuous duration and suggests 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 deal with the matter or otherwise where the parties to the proceedings have not been separated for more than 12 months.
An application can still be made while the parties are living under the same roof or if one has actually offered the other with some family services. It might be challenging to establish that separation has happened in these circumstances and accordingly 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 need to be an Australia resident by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, intend to reside in Royal Melbourne Hospital indefinitely or otherwise be able to provide proof that you resided 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 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 need to think about that appropriate plans have been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.
Once a Divorce has been granted the Divorce becomes reliable one month and one day after the Order has been made.
When a Divorce has worked, there is only a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration may be granted in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Royal Melbourne Hospital
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 procedures the parties are needed to participate in, take part and make a real effort in dealing with any parenting concerns at a household conflict resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, even more negotiations can be arranged with the assistance of lawyer, arbitrators and counsellors Royal Melbourne Hospital.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court should concern the best interests of the kid as the critical factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the benefit of both of their parents having a meaningful participation in their lives, to the maximum level consistent with the best interest of the kid; and
safeguarding the children from physical and psychological damage and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that children get sufficient and appropriate parenting to assist them achieve their full potential; and
guaranteeing that parents satisfy their responsibilities, and fulfill their obligations, concerning the care, welfare and development of their children.
There are other aspects that the Court might consider in any particular circumstances.
Why Choose Our Child Custody Lawyers Royal Melbourne Hospital VIC
We are passionate regarding offering a specialty Family Law service Royal Melbourne Hospital that welcomes you, understands you and shows you empathy in tough times. Learn why you can be assured of our commitment to your legal needs.