Accredited Family Law & Divorce Specialists In Flowerdale
We understand family law. Our Family and Divorce Solicitors Flowerdale have represented hundreds of family law clients for many years and act for mums, fathers, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having specific expertise in divorce, child custody and residential or commercial property division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you acquire the best possible result. If you are wanting to engage the services of a few of the very best family legal representatives Flowerdale has to offer, then look no more. 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 marital relationship.
In Flowerdale, 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 allegations 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 typically filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties file the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation duration is to be a continuous period 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 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 same roof or if one has supplied the other with some home services. It may be hard to establish that separation has taken place in these scenarios and accordingly the Court will require proof in support of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, plan to reside in Flowerdale forever or otherwise have the ability to supply proof that you lived in Australian for a minimum of 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 needs the parties to go to 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 correct plans have 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.
As soon as a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has been made.
When a Divorce has taken effect, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this duration may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Flowerdale
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court procedures the parties are needed to go to, take part and make a real attempt in solving any parenting issues at a family disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be organized with the support of solicitor, conciliators and counsellors Flowerdale.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require confirmation that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to regard the best interests of the kid as the critical factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum level consistent with the very best interest of the kid; and
protecting the kids from physical and mental harm and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that children receive adequate and appropriate parenting to assist them accomplish their full potential; and
making sure that moms and dads fulfil their tasks, and fulfill their obligations, concerning the care, welfare and advancement of their children.
There are other aspects that the Court might take into consideration in any particular circumstances.
Why Choose Our Family Lawyers Flowerdale VIC
We are passionate about providing a specialty Family Law service Flowerdale that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be guaranteed of our dedication to your legal needs.