Accredited Family Law & Separation Specialists In Ferntree Gully
We understand family law. Our Family and Divorce Solicitors Ferntree Gully have actually represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular proficiency in divorce, child custody and home division.
We are dedicated 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 process so that you obtain the best possible outcome. If you are wanting to engage the services of a few of the best family lawyers Ferntree Gully has to offer, then look no more. When engaging among our professionals, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Ferntree Gully, the Family Law Act 1975 developed 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 allegations of infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has 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 submits 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 period is to be a constant period and indicates 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 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 supplied the other with some household services. It might be tough to establish that separation has actually happened in these situations and accordingly the Court will need evidence in assistance 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 person by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, plan to reside in Ferntree Gully forever or otherwise be able to supply proof that you resided 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 needs the parties to attend 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 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 actually been approved the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has worked, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration may be given in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Ferntree Gully
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 child’s life.
Prior to the start of any Court proceedings the parties are needed to go to, get involved and make an authentic attempt in dealing with any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the regards to that contract can be formalised through an Application for Approval Orders. If no arrangement can be reached, even more negotiations can be set up with the help of solicitor, mediators and counsellors Ferntree Gully.
If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must relate to the best interests of the child as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the kids have the benefit of both of their parents having a significant participation in their lives, to the optimum extent constant with the very best interest of the child; and
protecting the children from physical and psychological harm and from undergoing, or exposed to, abuse, disregard or family violence; and
guaranteeing that kids get sufficient and correct parenting to assist them accomplish their full potential; and
making sure that moms and dads fulfil their responsibilities, and satisfy their duties, concerning the care, welfare and advancement of their kids.
There are other elements that the Court might take into account in any specific situations.
Why Choose Our Family Lawyers Ferntree Gully VIC
We are passionate regarding offering a specialized Family Law service Ferntree Gully that welcomes you, understands you and also shows you empathy in challenging times. Learn why you can be guaranteed of our commitment to your legal demands.