Accredited Family Law & Divorce Specialists In Flinders Lane
We understand family law. Our Family and Divorce Solicitors Flinders Lane have represented hundreds of family law clients for many years and act for mums, dads, grandmas, grandpas, married 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 knowledge 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 attainable, then we will represent you skillfully throughout the Court process so that you acquire the very best possible outcome. If you are planning to engage the services of a few of the very best family solicitors Flinders Lane has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Flinders Lane, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle implies that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage 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 submit the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period is to be a constant period and implies 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 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 offered the other with some family services. It may be challenging to develop that separation has actually occurred in these circumstances and appropriately the Court will need evidence in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to reside in Flinders Lane forever or otherwise have the ability to offer proof that you resided in Australian for at least 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 requires 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 need to consider that appropriate plans have been made for any child of the marriage, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.
Once a Divorce has been given the Divorce becomes effective one month and one day after the Order has actually been made.
When a Divorce has taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this duration might be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Flinders Lane
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 start of any Court procedures the parties are needed to participate in, take part and make an authentic effort in fixing any parenting concerns at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that agreement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further settlements can be set up with the assistance of solicitor, arbitrators and counsellors Flinders Lane.
If no contract can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court must concern the very best interests of the child as the critical consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the advantage of both of their parents having a significant involvement in their lives, to the maximum extent consistent with the best interest of the child; and
securing the children from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
making sure that children get sufficient and correct parenting to assist them accomplish their complete potential; and
guaranteeing that parents satisfy their tasks, and meet their duties, concerning the care, well-being and development of their kids.
There are other aspects that the Court may take into account in any specific scenarios.
Why Choose Our Family Lawyers Flinders Lane VIC
We are passionate regarding offering a specialty Family Law service Flinders Lane that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be guaranteed of our commitment to your legal demands.