Accredited Family Law & Divorce Specialists In West Melbourne
We understand family law. Our Family Lawyers West Melbourne have represented hundreds of family law customers throughout the years and act for mums, dads, grandmothers, grandfathers, married couples, same-sex couples and de facto couples. Our experienced family law and divorce lawyers can represent you in all elements of family law, having specific expertise 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 possible, then we will represent you expertly throughout the Court procedure so that you obtain the very best possible result. If you are looking to engage the services of some of the best family legal representatives West Melbourne has to offer, then look no more. When engaging one of our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In West Melbourne, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is generally 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 period of separation. This 12 month separation period is to be a continuous period and indicates more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in circumstances 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 residing under the exact same roof or if one has supplied the other with some household services. It might be challenging to establish that separation has actually occurred in these scenarios and appropriately the Court will need evidence in support 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 person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, mean to reside in West Melbourne indefinitely or otherwise be able to offer evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In instances 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 need to think about that correct arrangements have actually been produced any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is treated as a member of that family, and under the age of 18.
When a Divorce has been granted the Divorce becomes reliable one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders West Melbourne
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 commencement of any Court procedures the parties are needed to participate in, participate and make a real effort in resolving any parenting problems at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further settlements can be organized with the help of lawyer, arbitrators and counsellors West Melbourne.
If no contract can be reached beyond the court system, an individual might 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 invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must regard the best interests of the kid as the vital factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the children have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum extent constant with the very best interest of the kid; and
safeguarding the children from physical and psychological harm and from being subjected to, or exposed to, abuse, neglect or family violence; and
making sure that children receive appropriate and proper parenting to assist them accomplish their complete potential; and
guaranteeing that moms and dads fulfil their duties, and satisfy their duties, concerning the care, well-being and development of their kids.
There are other factors that the Court may take into account in any particular scenarios.
Why Choose Our Domestic Violence Lawyers West Melbourne VIC
We are passionate regarding offering a specialized domestic violence lawyer West Melbourne service that welcomes you, understands you and shows you empathy in tough times. Discover why you can be guaranteed of our dedication to your legal needs.