Accredited Family Law & Separation Specialists In Dunluce
We know family law. Our Family and Divorce Solicitors Dunluce have represented numerous family law customers over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are devoted 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 procedure so that you get the best possible result. If you are aiming to engage the services of a few of the very best family lawyers Dunluce has to offer, then look no more. When engaging one of our experts, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Dunluce, 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 abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits 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 duration and means more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios where the Court does not have jurisdiction to deal with 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 same roof or if one has provided the other with some household services. It might 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 period of 12 months of separation, either you or your spouse will have 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 Dunluce forever or otherwise be able to offer proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In circumstances where a couple has actually been married for less than 2 years, the Court needs the parties to go to 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 proper plans have actually been produced any child of the marriage, 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 been given the Divorce becomes efficient one month and one day after the Order has been made.
When a Divorce has worked, 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 granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Dunluce
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the commencement of any Court procedures the parties are required to attend, participate and make a genuine attempt in resolving any parenting issues at a household disagreement resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no contract can be reached, even more negotiations can be organized with the help of solicitor, arbitrators and counsellors Dunluce.
If no arrangement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court should concern the very best interests of the child as the critical factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the maximum degree constant with the very best interest of the child; and
securing the children from physical and psychological damage and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that children receive appropriate and proper parenting to help them attain their complete potential; and
ensuring that moms and dads fulfil their tasks, and satisfy their duties, concerning the care, well-being and development of their children.
There are other elements that the Court might take into consideration in any specific situations.
Why Choose Our Family Lawyers Dunluce VIC
We are passionate about giving a specialized Family Law service Dunluce that welcomes you, understands you and shows you empathy in difficult times. Learn why you can be assured of our dedication to your legal needs.