Accredited Family Law & Separation Specialists In West Footscray
We understand family law. Our Family Lawyers West Footscray have represented hundreds of family law customers for many years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having particular know-how in divorce, child custody and property division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court procedure so that you acquire the best possible outcome. If you are wanting to engage the services of some of the best family solicitors West Footscray has to offer, then look no further. When engaging among our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marital relationship.
In West Footscray, 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 accusations of infidelity, violence or desertion are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is typically 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 only offered after a 12 month duration of separation. This 12 month separation duration is to be a constant period and indicates more than physical separation where there is no probability of reconciliation.
The application can be opposed in scenarios 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 actually supplied the other with some household services. It might be challenging to establish that separation has taken place in these situations and accordingly the Court will need 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 person by birth, decent or otherwise. If that can not be established, you or your spouse has to regard Australia as your home, mean to live in West Footscray indefinitely or otherwise be able to offer proof that you resided 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 have to think about that correct plans have actually 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 household, and under the age of 18.
As soon as a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has actually been made.
Once a Divorce has actually worked, there is just a 12 month period in which to file an application for property/financial and spousal upkeep. An extension to this duration may be given in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders West Footscray
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a child’s life.
Prior to the beginning of any Court procedures the parties are required to attend, get involved and make an authentic effort in resolving any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Permission Orders. If no agreement can be reached, even more negotiations can be set up with the support of lawyer, conciliators and counsellors West Footscray.
If no agreement 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 actually tried a dispute resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court needs to concern the best interests of the child as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the kids have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum level consistent with the best interest of the child; and
safeguarding the children from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids get appropriate and appropriate parenting to help them achieve their complete potential; and
guaranteeing that moms and dads fulfil their duties, and satisfy their duties, concerning the care, welfare and development of their children.
There are other factors that the Court might consider in any particular situations.
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