Accredited Family Law & Separation Specialists In Strathfieldsaye
We know family law. Our Child Custody Solicitors Strathfieldsaye have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having particular competence in divorce, child custody and home division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you acquire the best possible outcome. If you are wanting to engage the services of some of the very best family lawyers Strathfieldsaye has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Strathfieldsaye, 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 infidelity, 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 filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties file the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration is to be a constant period and implies more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in circumstances 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 living under the exact same roof or if one has actually provided the other with some family services. It might be challenging to develop that separation has happened in these scenarios and appropriately 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 need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to reside in Strathfieldsaye forever or otherwise be able to offer evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually been married 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 think about that correct arrangements have 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 treated as a member of that family, and under the age of 18.
As soon as a Divorce has been given the Divorce ends up being effective one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is only a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this period might be given in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Strathfieldsaye
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 procedures the parties are needed to participate in, get involved and make an authentic attempt in solving any parenting problems at a family dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more negotiations can be organized with the help of lawyer, mediators and counsellors Strathfieldsaye.
If no agreement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the start of Court procedures.
In parenting matters, a Court should regard the very best interests of the kid as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the advantage of both of their parents having a significant involvement in their lives, to the optimum level constant with the very best interest of the kid; and
protecting the children from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids receive sufficient and proper parenting to assist them attain their complete potential; and
ensuring that parents satisfy their duties, and meet their responsibilities, concerning the care, welfare and development of their kids.
There are other factors that the Court may consider in any particular scenarios.
Why Choose Our Child Custody Lawyers Strathfieldsaye VIC
We are passionate regarding offering a specialized Family Law service Strathfieldsaye that welcomes you, understands you as well as shows you empathy in difficult times. Figure out why you can be guaranteed of our commitment to your legal needs.