Accredited Family Law & Divorce Specialists In Foster
We know family law. Our Family and Divorce Solicitors Foster have represented hundreds of family law customers over the years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having specific competence 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 very best possible outcome. If you are wanting to engage the services of a few of the best family lawyers Foster has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Foster, 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 abandonment are irrelevant. 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 files the application, or a joint application where both parties submit the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration is to be a continuous period and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations 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 living under the same roof or if one has provided the other with some household services. It may be hard to establish that separation has occurred in these circumstances and appropriately 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 spouse will have 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, intend to reside in Foster indefinitely or otherwise be able to offer proof that you lived in Australian for at least 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 need to think about that proper arrangements have actually been produced 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 home, and under the age of 18.
When a Divorce has actually been approved the Divorce becomes reliable one month and one day after the Order has been made.
When a Divorce has taken effect, there is just a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this period may be granted in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Foster
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the commencement of any Court procedures the parties are required to participate in, take part and make an authentic effort in fixing any parenting issues at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the terms of that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, even more negotiations can be arranged with the help of solicitor, conciliators and counsellors Foster.
If no agreement can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court should concern 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 satisfied by:
making sure that the children 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 kid; and
protecting the children from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and
ensuring that kids receive appropriate and proper parenting to assist them achieve their full potential; and
ensuring that parents fulfil their duties, and satisfy their obligations, concerning the care, welfare and advancement of their children.
There are other elements that the Court might take into account in any particular situations.
Why Choose Our Family Lawyers Foster VIC
We are passionate about offering a specialized Family Law service Foster that welcomes you, understands you and also shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal needs.