Accredited Family Law & Separation Specialists In Grassmere
We understand family law. Our Family and Divorce Lawyers Grassmere have actually represented numerous family law customers over the years and act for mums, fathers, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all elements of family law, having specific knowledge in divorce, child custody and property division.
We are dedicated to helping 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 get the best possible outcome. If you are planning to engage the services of some of the best family solicitors Grassmere has to offer, then look no further. When engaging among our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Grassmere, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is normally 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 file the application together.
An application for Divorce is just available after a 12 month duration 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 actually not been separated for more than 12 months.
An application can still be made while the parties are living under the exact same roof or if one has provided the other with some family services. It may be hard to develop that separation has actually occurred in these situations and accordingly 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 partner will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, plan to reside in Grassmere forever or otherwise be able 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 been married for less than 2 years, the Court needs 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 need to think about that correct arrangements 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 household, and under the age of 18.
Once a Divorce has been granted the Divorce ends up being reliable one month and one day after the Order has actually been made.
As soon as a Divorce has actually worked, there is only a 12 month period where to file an application for property/financial and spousal upkeep. An extension to this period may be granted in situations where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Grassmere
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 start of any Court procedures the parties are required to attend, get involved and make a real attempt in fixing any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, further negotiations can be organized with the help of solicitor, arbitrators and counsellors Grassmere.
If no arrangement can be reached outside of the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court should regard the best interests of the child as the critical factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the children have the advantage of both of their parents having a significant participation in their lives, to the maximum extent constant with the best interest of the child; and
safeguarding the kids from physical and mental harm and from undergoing, or exposed to, abuse, overlook or family violence; and
ensuring that kids receive adequate and appropriate parenting to assist them achieve their full potential; and
making sure that parents satisfy their duties, and fulfill their obligations, concerning the care, welfare and advancement of their kids.
There are other elements that the Court may consider in any particular situations.
Why Choose Our Family Lawyers Grassmere VIC
We are passionate regarding providing a specialty Family Law service Grassmere that welcomes you, understands you as well as shows you empathy in tough times. Discover why you can be guaranteed of our commitment to your legal needs.