Accredited Family Law & Divorce Specialists In St Kilda
We know family law. Our Child Custody Lawyers St Kilda have actually represented hundreds of family law customers over the years and act for mums, dads, grandmas, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having particular know-how in divorce, child custody and home division.
We are committed to assisting 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 acquire the best possible result. If you are seeking to engage the services of a few of the very best family solicitors St Kilda has to offer, then look no further. When engaging one of our professionals, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In St Kilda, the Family Law Act 1975 established 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 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 typically 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 submit the application together.
An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation duration is to be a constant period and means more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations 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 very same roof or if one has actually supplied the other with some household services. It may be difficult to establish that separation has happened in these scenarios and accordingly the Court will require proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will have to be an Australia person 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 forever or otherwise be able to offer proof that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been wed 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 have to think about that appropriate plans have actually been made for any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that family, and under the age of 18.
Once a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration may be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders St Kilda
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are required to go to, participate and make an authentic effort in solving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, further negotiations can be arranged with the help of lawyer, mediators and counsellors St Kilda.
If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will require verification that the parties have 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 kid as the paramount factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the kids have the benefit of both of their moms and dads having a meaningful involvement in their lives, to the optimum extent consistent with the best interest of the child; and
protecting the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
ensuring that kids get sufficient and correct parenting to assist them attain their full potential; and
ensuring that parents fulfil their duties, and satisfy their responsibilities, concerning the care, welfare and development of their children.
There are other elements that the Court might consider in any specific scenarios.
Why Choose Our Child Custody Lawyers St Kilda VIC
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