Accredited Family Law & Separation Specialists In Templestowe
We know family law. Our Family Lawyers Templestowe have represented hundreds of family law customers 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 lawyers can represent you in all aspects of family law, having specific proficiency in divorce, child custody and property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you expertly throughout the Court process so that you obtain the best possible outcome. If you are looking to engage the services of a few of the best family lawyers Templestowe 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 marriage.
In Templestowe, the Family Law Act 1975 developed 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 marital relationship 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 marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a continuous duration and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances 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 provided the other with some home services. It may be difficult to establish that separation has occurred in these scenarios and appropriately 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 partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your spouse needs to regard Australia as your home, plan to live in Templestowe forever or otherwise have the ability to provide proof that you lived in Australian for a minimum of 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 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 need to consider that proper plans have been produced any child of the marriage, or a child from another relationship, or a child who has actually or was adopted or who is treated as a member of that home, and under the age of 18.
Once a Divorce has been approved the Divorce ends up being efficient one month and one day after the Order has been made.
When a Divorce has worked, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this period may be approved in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Templestowe
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the start of any Court procedures the parties are needed to go to, participate and make an authentic attempt in solving any parenting issues 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 Permission Orders. If no contract can be reached, further settlements can be organized with the help of solicitor, conciliators and counsellors Templestowe.
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 verification 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 start of Court procedures.
In parenting matters, a Court must relate to the very best interests of the kid as the paramount factor to consider.
According to area 60B of the Family Law Act 1975, the best interests of the children are met by:
guaranteeing that the kids have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the maximum extent constant with the very best interest of the child; and
securing the kids from physical and mental damage and from going through, or exposed to, abuse, disregard or family violence; and
ensuring that kids get adequate and correct parenting to help them accomplish their full potential; and
ensuring that moms and dads fulfil their tasks, and meet their obligations, concerning the care, welfare and advancement of their kids.
There are other factors that the Court might take into consideration in any specific scenarios.
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