Accredited Family Law & Separation Specialists In Strathdownie
We know family law. Our Child Custody Solicitors Strathdownie have represented numerous family law customers throughout the years and act for mums, fathers, grandmas, 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 specific expertise 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 skillfully throughout the Court process so that you obtain the very best possible result. If you are aiming to engage the services of some of the very best family legal representatives Strathdownie has to offer, then look no further. When engaging among our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Strathdownie, the Family Law Act 1975 developed 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 usually 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 just offered after a 12 month duration 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 situations where the Court does not have jurisdiction to deal with 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 residing under the same roof or if one has actually offered the other with some home services. It might be difficult to develop that separation has actually occurred in these circumstances and accordingly the Court will need proof in assistance 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 citizen by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to reside in Strathdownie indefinitely or otherwise have the ability to supply evidence that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has been wed for less than 2 years, the Court needs 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 appropriate arrangements 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.
As soon as a Divorce has been approved the Divorce becomes reliable one month and one day after the Order has been made.
Once 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 duration might be given in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Strathdownie
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the commencement of any Court proceedings the parties are required to attend, get involved and make an authentic attempt in solving any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no contract can be reached, even more settlements can be arranged with the help of lawyer, arbitrators and counsellors Strathdownie.
If no contract can be reached outside of 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 invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to concern the best interests of the child as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the kids have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum level consistent with the very best interest of the child; and
protecting the kids from physical and mental damage and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that kids get adequate and proper parenting to assist them attain their complete potential; and
making sure that moms and dads satisfy their responsibilities, and satisfy their responsibilities, concerning the care, well-being and development of their kids.
There are other aspects that the Court may consider in any specific situations.
Why Choose Our Child Custody Lawyers Strathdownie VIC
We are passionate regarding giving a specialized Family Law service Strathdownie that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be guaranteed of our commitment to your legal needs.