Accredited Family Law & Separation Specialists In Dutson Downs
We know family law. Our Family and Divorce Solicitors Dutson Downs have actually represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific competence in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible outcome. If you are aiming to engage the services of some of the best family solicitors Dutson Downs has to offer, then look no further. When engaging among our experts, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Dutson Downs, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally 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 file the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation duration is to be a constant duration and suggests 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 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 residing under the exact same roof or if one has actually offered the other with some family services. It may be challenging to develop that separation has happened in these circumstances and accordingly the Court will need evidence in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to live in Dutson Downs indefinitely or otherwise have the ability to offer evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has 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 consider that appropriate arrangements have actually 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 household, and under the age of 18.
As soon as a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is just a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this duration may be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Dutson Downs
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the start of any Court proceedings the parties are required to go to, participate and make an authentic effort in fixing any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more settlements can be set up with the assistance of lawyer, mediators and counsellors Dutson Downs.
If no arrangement can be reached outside of the court system, a person might then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must relate to the very best interests of the child as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the kids have the benefit of both of their moms and dads having a significant participation in their lives, to the optimum extent constant with the best interest of the kid; and
securing the children from physical and psychological damage and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that children get appropriate and appropriate parenting to assist them attain their full potential; and
guaranteeing that parents fulfil their responsibilities, and fulfill their obligations, concerning the care, welfare and advancement of their kids.
There are other elements that the Court might consider in any specific scenarios.
Why Choose Our Family Lawyers Dutson Downs VIC
We are passionate regarding providing a specialty Family Law service Dutson Downs that welcomes you, understands you and shows you empathy in hard times. Find out why you can be guaranteed of our dedication to your legal demands.