Accredited Family Law & Separation Specialists In Westmere
We know family law. Our Family Solicitors Westmere have represented hundreds of family law clients over the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all aspects of family law, having specific expertise in divorce, child custody and home division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court process so that you obtain the best possible result. If you are aiming to engage the services of a few of the very best family legal representatives Westmere has to offer, then look no more. When engaging one of our professionals, you can rest assured you have the very best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Westmere, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept implies 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 actually 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 submits the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month duration of separation. This 12 month separation period 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 circumstances where the Court does not have jurisdiction to handle 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 same roof or if one has actually supplied the other with some family services. It may be difficult to establish that separation has taken place in these scenarios and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a duration of 12 months of separation, either you or your spouse will need to be an Australia person by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to live in Westmere forever or otherwise be able to offer 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 requires 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 proper plans have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has or was adopted or who is dealt with as a member of that household, and under the age of 18.
When a Divorce has actually been given the Divorce becomes efficient one month and one day after the Order has actually been made.
When a Divorce has actually worked, there is only a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this duration may be approved in scenarios where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Westmere
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 commencement of any Court procedures the parties are required to attend, take part and make a real attempt in resolving any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Permission Orders. If no contract can be reached, even more settlements can be set up with the help of solicitor, conciliators and counsellors Westmere.
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 confirmation that the parties have actually attempted a conflict 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 regard the very best interests of the child as the vital consideration.
According to section 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum extent consistent with the very best interest of the child; and
protecting the children from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that children receive appropriate and proper parenting to help them achieve their full potential; and
guaranteeing that moms and dads fulfil their tasks, and satisfy their responsibilities, concerning the care, well-being and advancement of their kids.
There are other elements that the Court might take into consideration in any specific circumstances.
Why Choose Our Domestic Violence Lawyers Westmere VIC
We are passionate regarding giving a specialty domestic violence lawyer Westmere service that welcomes you, understands you and also shows you empathy in tough times. Figure out why you can be assured of our commitment to your legal requirements.