Accredited Family Law & Divorce Specialists In Strathmore
We know family law. Our Child Custody Solicitors Strathmore have represented hundreds of family law customers over the years and act for mums, dads, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all aspects of family law, having particular proficiency in divorce, child custody and home division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you obtain the best possible result. If you are wanting to engage the services of a few of the very best family lawyers Strathmore has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Strathmore, 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 allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is typically 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 just offered after a 12 month period of separation. This 12 month separation duration is to be a constant duration and means more than physical separation where there is no probability of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to handle 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 actually offered the other with some home services. It may be tough to develop that separation has taken place in these situations and appropriately the Court will need evidence in assistance of the application.
In addition to the requirements of a duration 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 developed, you or your partner needs to regard Australia as your home, plan to live in Strathmore indefinitely or otherwise have the ability to offer proof that you lived 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 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 need to think about that proper arrangements have 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 dealt with as a member of that household, and under the age of 18.
Once a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has been made.
When a Divorce has actually taken effect, there is only a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period may be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Strathmore
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 needed to participate in, take part and make an authentic effort in fixing any parenting concerns at a household conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more negotiations can be set up with the assistance of lawyer, conciliators and counsellors Strathmore.
If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require verification that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to relate to the best interests of the kid as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the children have the advantage of both of their parents having a significant involvement in their lives, to the maximum level constant with the very best interest of the kid; and
securing the children from physical and mental harm and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that kids get sufficient and proper parenting to assist them attain their complete potential; and
making sure that moms and dads fulfil their duties, and fulfill their duties, concerning the care, well-being and advancement of their children.
There are other elements that the Court may consider in any specific scenarios.
Why Choose Our Child Custody Lawyers Strathmore VIC
We are passionate about offering a specialized Family Law service Strathmore that welcomes you, understands you as well as shows you empathy in tough times. Learn why you can be assured of our dedication to your legal needs.