Call Us 1300 241 740

Divorce Lawyer Gardenvale VIC

Divorce Lawyer Gardenvale VIC

Accredited Family Law & Divorce Specialists In Gardenvale

We know family law. Our Family and Divorce Solicitors Gardenvale have represented hundreds of family law clients for many years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having specific know-how in divorce, child custody and residential or commercial property 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 procedure so that you obtain the best possible result. If you are seeking to engage the services of a few of the very best family lawyers Gardenvale has to offer, then look no further. When engaging among our specialists, you can rest assured you have the very best on your side.

Divorce

A Divorce is the legal dissolution of a marriage.

In Gardenvale, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.

Any application for Divorce is generally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties submit the application together.

An application for Divorce is only available after a 12 month period of separation. This 12 month separation period is to be a constant 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 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 residing under the very same roof or if one has actually supplied the other with some family services. It may be challenging to establish that separation has occurred in these circumstances and accordingly the Court will require 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 citizen 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 Gardenvale forever or otherwise be able 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 been wed 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 consider that appropriate arrangements have actually 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 treated as a member of that family, and under the age of 18.

When a Divorce has 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 period in which to submit an application for property/financial and spousal maintenance. An extension to this period might be granted in situations where both parties consent to the extension and the parties have the leave of the Court.

Parenting Orders Gardenvale

Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.

Prior to the beginning of any Court proceedings the parties are required to go to, get involved and make an authentic effort in resolving any parenting problems at a household disagreement resolution conference. Following conclusion of this conference, a Certificate is released to the parties.

If an arrangement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no contract can be reached, even more settlements can be organized with the support of lawyer, arbitrators and counsellors Gardenvale.

If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have actually attempted a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the commencement of Court proceedings.

In parenting matters, a Court should concern the best interests of the kid as the paramount factor to consider.

Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are met by:

guaranteeing that the children have the advantage of both of their parents having a meaningful participation in their lives, to the maximum extent consistent with the very best interest of the child; and

protecting the kids from physical and psychological harm and from being subjected to, or exposed to, abuse, overlook or family violence; and

making sure that children receive adequate and appropriate parenting to assist them achieve their complete potential; and

making sure that moms and dads satisfy their tasks, and meet their duties, concerning the care, welfare and advancement of their children.

There are other elements that the Court might take into consideration in any specific scenarios.

Why Choose Our Family Lawyers Gardenvale VIC

We are passionate about offering a specialized Family Law service Gardenvale that welcomes you, understands you as well as shows you empathy in challenging times. Learn why you can be guaranteed of our dedication to your legal needs.

Business Results 1 - 5 of 2

Dribbin & Brown Criminal Lawyers
1 Reviews
Lawyers
Phone:
441 South Rd, Level 1, Moorabbin Victoria 3189, Australia

Mark Shenken
2 Reviews
Lawyers
Phone:
285 Carlisle St, Suite 14, Balaclava Victoria 3183, Australia

 
 

About: admin2018


Call Now ButtonCall Now