Accredited Family Law & Divorce Specialists In St Kilda Road Melbourne
We understand family law. Our Child Custody Solicitors St Kilda Road Melbourne have represented numerous family law customers over the years and act for mums, fathers, grandmas, 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 particular knowledge in divorce, child custody and home division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you get the very best possible outcome. If you are aiming to engage the services of some of the very best family lawyers St Kilda Road Melbourne has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In St Kilda Road Melbourne, 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 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 normally filed 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 submit the application together.
An application for Divorce is only available after a 12 month period of separation. This 12 month separation period is to be a constant period and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to handle 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 very same roof or if one has supplied the other with some family services. It may be hard to develop that separation has occurred in these circumstances and appropriately 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to reside in St Kilda Road Melbourne forever or otherwise be able to supply 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 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 appropriate plans have actually 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 family, and under the age of 18.
As soon as a Divorce has been granted the Divorce ends up being efficient one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period might be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders St Kilda Road Melbourne
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any 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 fixing any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more settlements can be arranged with the support of solicitor, conciliators and counsellors St Kilda Road Melbourne.
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 attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should relate to the best interests of the child as the vital consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the optimum extent constant with the very best interest of the kid; and
protecting the kids from physical and mental damage and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that children receive appropriate and proper parenting to help them accomplish their complete potential; and
ensuring that moms and dads fulfil their tasks, and meet their duties, 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 St Kilda Road Melbourne VIC
We are passionate regarding offering a specialty Family Law service St Kilda Road Melbourne that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be guaranteed of our commitment to your legal needs.