Accredited Family Law & Separation Specialists In Staghorn Flat
We know family law. Our Child Custody Solicitors Staghorn Flat have represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having specific proficiency in divorce, child custody and residential or commercial property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you get the best possible outcome. If you are seeking to engage the services of some of the very best family legal representatives Staghorn Flat has to offer, then look no more. When engaging among our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Staghorn Flat, the Family Law Act 1975 established 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 accusations of adultery, violence or desertion 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 marriage files the application, or a joint application where both parties submit 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 constant duration and indicates more than physical separation where there is no likelihood 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 supplied the other with some home services. It may be challenging to establish that separation has happened in these scenarios 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 spouse will have 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 Staghorn Flat forever or otherwise be able to supply evidence that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has been married for less than 2 years, the Court requires 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 have to consider that proper arrangements have actually 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 dealt with as a member of that family, and under the age of 18.
Once a Divorce has been granted the Divorce ends up being efficient one month and one day after the Order has been made.
When a Divorce has taken effect, there is just a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this period may be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Staghorn Flat
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the start of any Court procedures the parties are needed to go to, take part and make a genuine effort in resolving any parenting problems at a family dispute resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, further settlements can be set up with the help of lawyer, arbitrators and counsellors Staghorn Flat.
If no agreement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have tried a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to relate to the very best interests of the child as the critical factor to consider.
According to section 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 optimum level constant with the very best interest of the kid; and
protecting the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that children receive appropriate and proper parenting to assist them achieve their full potential; and
guaranteeing that parents satisfy their responsibilities, and fulfill their duties, concerning the care, welfare and advancement of their children.
There are other aspects that the Court may consider in any particular scenarios.
Why Choose Our Child Custody Lawyers Staghorn Flat VIC
We are passionate about giving a specialty Family Law service Staghorn Flat that welcomes you, understands you as well as shows you empathy in hard times. Learn why you can be assured of our dedication to your legal needs.