Accredited Family Law & Divorce Specialists In Elsternwick
We understand family law. Our Family and Divorce Solicitors Elsternwick have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having specific expertise in divorce, child custody and home division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you acquire the best possible result. If you are aiming to engage the services of some of the best family solicitors Elsternwick has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Elsternwick, the Family Law Act 1975 established 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 infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is generally submitted 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 duration of separation. This 12 month separation duration is to be a constant period and suggests more than physical separation where there is no probability 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 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 provided the other with some family services. It may be hard to develop that separation has actually occurred 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 partner will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, intend to reside in Elsternwick forever or otherwise have the ability to supply evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has 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 consider that proper plans have actually been made for any child of the marital relationship, 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 home, and under the age of 18.
Once a Divorce has been granted the Divorce ends up being efficient one month and one day after the Order has actually been made.
When a Divorce has worked, there is only a 12 month duration in which to submit an application for property/financial and spousal upkeep. 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 Elsternwick
Applications for Parenting Orders can be brought by either or both of the moms and dads, 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 participate in, take part and make a genuine effort in fixing any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no agreement can be reached, further settlements can be arranged with the assistance of solicitor, arbitrators and counsellors Elsternwick.
If no arrangement can be reached beyond the court system, a person might then make an application to the Court. An application to Court will need verification that the parties have attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must concern the best interests of the kid as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the children have the benefit of both of their parents having a significant involvement in their lives, to the optimum level consistent with the best interest of the kid; and
safeguarding the children from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that kids get sufficient and appropriate parenting to help them achieve their complete potential; and
making sure that moms and dads fulfil their duties, and fulfill their duties, concerning the care, welfare and development of their children.
There are other factors that the Court may take into account in any specific circumstances.
Why Choose Our Family Lawyers Elsternwick VIC
We are passionate about providing a specialized Family Law service Elsternwick that welcomes you, understands you and shows you empathy in difficult times. Discover why you can be assured of our dedication to your legal requirements.