Accredited Family Law & Divorce Specialists In Epping
We understand family law. Our Family and Divorce Lawyers Epping have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having specific know-how in divorce, child custody and home division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you acquire the best possible outcome. If you are looking to engage the services of a few of the best family solicitors Epping has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Epping, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marriage has 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 marriage submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just readily available after a 12 month period of separation. This 12 month separation duration is to be a continuous duration and implies more than physical separation where there is no possibility 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 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 actually provided the other with some home services. It may be tough to establish that separation has actually happened in these scenarios 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 person by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, plan to reside in Epping indefinitely or otherwise have the ability to provide proof that you lived in Australian for a minimum of 12 months prior to the filing of the application.
In instances 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 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.
Once a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has been made.
When a Divorce has actually taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this period might be approved in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Epping
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to attend, take part and make an authentic attempt in dealing with any parenting concerns at a family dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more negotiations can be set up with the support of lawyer, conciliators and counsellors Epping.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will require confirmation that the parties have attempted a conflict 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 regard the very best interests of the kid as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the children have the advantage 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 kids from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
ensuring that children get sufficient and correct parenting to help them attain their full potential; and
guaranteeing that moms and dads satisfy their duties, and satisfy their duties, concerning the care, well-being and development of their kids.
There are other elements that the Court may consider in any specific situations.
Why Choose Our Family Lawyers Epping VIC
We are passionate regarding offering a specialized Family Law service Epping that welcomes you, understands you as well as shows you empathy in hard times. Learn why you can be assured of our commitment to your legal demands.