Accredited Family Law & Separation Specialists In Yarra Junction
We know family law. Our Family and Divorce Lawyers Yarra Junction have represented hundreds of family law clients over the years and act for mums, dads, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular competence in divorce, child custody and property division.
We are devoted to helping 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 get the best possible outcome. If you are seeking to engage the services of a few of the very best family solicitors Yarra Junction has to offer, then look no more. When engaging among our professionals, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Yarra Junction, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept 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 unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is usually filed in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage submits the application, or a joint application where both parties file the application together.
An application for Divorce is only readily available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and suggests more than physical separation where there is no probability 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 same roof or if one has actually supplied the other with some home services. It might be difficult to establish that separation has actually occurred in these situations and accordingly the Court will need proof in assistance of the application.
In addition to the requirements of a period of 12 months of separation, either you or your spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, intend to live in Yarra Junction indefinitely or otherwise be able to provide 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 wed 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 appropriate plans 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.
As soon as a Divorce has been given the Divorce becomes reliable one month and one day after the Order has actually been made.
When a Divorce has actually worked, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Yarra Junction
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a kid’s life.
Prior to the beginning of any Court procedures the parties are required to participate in, participate and make a real effort in dealing with any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that agreement can be formalised through an Application for Approval Orders. If no contract can be reached, further settlements can be organized with the help of solicitor, mediators and counsellors Yarra Junction.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a disagreement 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 must relate to the very best interests of the child as the critical consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the children have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum extent constant with the very best interest of the child; and
securing the children from physical and psychological damage and from going through, or exposed to, abuse, neglect or family violence; and
guaranteeing that children get appropriate and proper parenting to help them achieve their full potential; and
guaranteeing that moms and dads satisfy their duties, and fulfill their responsibilities, concerning the care, welfare and advancement of their children.
There are other aspects that the Court may take into consideration in any particular situations.
Why Choose Our Family Lawyers Yarra Junction VIC
We are passionate about giving a specialized Family Law service Yarra Junction that welcomes you, understands you and also shows you empathy in tough times. Learn why you can be assured of our dedication to your legal requirements.