Accredited Family Law & Divorce Specialists In Stirling
We understand family law. Our Child Custody Lawyers Stirling have actually represented hundreds of family law customers for many years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular proficiency in divorce, child custody and property division.
We are devoted 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 procedure so that you acquire the best possible result. If you are planning to engage the services of some of the best family legal representatives Stirling has to offer, then look no further. When engaging one of our experts, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Stirling, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is usually filed 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 only offered after a 12 month period of separation. This 12 month separation period is to be a continuous period and suggests more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances where the Court does not have jurisdiction to handle 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 living under the very same roof or if one has supplied the other with some family services. It might be tough to develop that separation has actually happened in these situations 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 need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, intend to reside in Stirling 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 actually been wed 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 need to think about that appropriate plans 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 household, and under the age of 18.
Once a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has actually been made.
When a Divorce has actually worked, there is only a 12 month duration in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be approved in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Stirling
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.
Prior to the beginning of any Court proceedings the parties are needed to attend, participate and make a genuine effort in resolving any parenting issues at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no arrangement can be reached, even more settlements can be set up with the support of lawyer, conciliators and counsellors Stirling.
If no arrangement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should concern the best interests of the kid as the vital factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
guaranteeing that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the optimum degree consistent with the very best interest of the child; and
protecting the kids from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that children receive sufficient and proper parenting to assist them attain their full potential; and
making sure that parents fulfil their responsibilities, and fulfill their responsibilities, concerning the care, welfare and advancement of their children.
There are other aspects that the Court may take into consideration in any particular situations.
Why Choose Our Child Custody Lawyers Stirling VIC
We are passionate about giving a specialty Family Law service Stirling that welcomes you, understands you and also shows you empathy in difficult times. Find out why you can be assured of our commitment to your legal demands.