Accredited Family Law & Separation Specialists In Strathallan
We understand family law. Our Child Custody Solicitors Strathallan have actually represented hundreds of family law customers throughout the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all aspects of family law, having particular expertise in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the very best possible outcome. If you are aiming to engage the services of some of the very best family lawyers Strathallan has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Strathallan, 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 allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is generally 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 only readily 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 probability 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 may be difficult to establish that separation has happened in these situations and appropriately the Court will require proof in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to live in Strathallan indefinitely or otherwise have the ability to supply 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 consider that proper arrangements 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.
When a Divorce has actually been given the Divorce ends up being effective one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this duration may be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Strathallan
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to participate in, participate and make a real attempt in dealing with any parenting concerns at a family disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no agreement can be reached, further negotiations can be arranged with the help of solicitor, mediators and counsellors Strathallan.
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 need verification that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to relate to the very 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:
ensuring that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum degree constant with the best interest of the child; and
protecting the kids from physical and psychological damage and from undergoing, or exposed to, abuse, disregard or family violence; and
making sure that kids receive appropriate and appropriate parenting to assist them attain their full potential; and
ensuring that moms and dads satisfy their tasks, and fulfill their obligations, concerning the care, welfare and development of their children.
There are other factors that the Court may consider in any specific scenarios.
Why Choose Our Child Custody Lawyers Strathallan VIC
We are passionate regarding offering a specialty Family Law service Strathallan that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be assured of our commitment to your legal requirements.