Accredited Family Law & Separation Specialists In Burnside Heights
We understand family law. Our Family Lawyers Burnside Heights have represented numerous family law clients throughout the years and act for mums, dads, grandmothers, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce solicitors can represent you in all elements of family law, having particular competence in divorce, child custody and property division.
We are dedicated to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court procedure so that you get the very best possible outcome. If you are looking to engage the services of a few of the best family lawyers Burnside Heights has to offer, then look no further. When engaging among our experts, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Burnside Heights, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle implies 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 marital relationship has actually broken down irretrievably.
Any application for Divorce is normally filed 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 period is to be a continuous period and indicates 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 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 same roof or if one has actually supplied the other with some family services. It might be challenging to establish that separation has actually taken place in these circumstances and appropriately the Court will need evidence in support 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 person by birth, decent or otherwise. If that can not be developed, you or your partner needs to regard Australia as your home, plan to live in Burnside Heights indefinitely or otherwise have the ability to provide evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In circumstances where a couple has actually been married for less than 2 years, the Court requires 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 proper arrangements have actually been produced any child of the marriage, or a child from another relationship, or a child who has 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 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 in which to submit an application for property/financial and spousal maintenance. An extension to this period may be granted in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Burnside Heights
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 proceedings the parties are required to attend, take part and make an authentic attempt in dealing with any parenting problems at a household dispute resolution conference. Following completion of this conference, a Certificate is provided to the parties.
If a contract is reached the regards to that arrangement can be formalised through an Application for Consent Orders. If no agreement can be reached, further negotiations can be organized with the support of lawyer, mediators and counsellors Burnside Heights.
If no arrangement 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 dispute resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court should regard the best interests of the kid as the critical factor to consider.
Inning accordance with area 60B of the Family Law Act 1975, the very best interests of the children are met by:
making sure that the children have the advantage of both of their moms and dads having a meaningful participation in their lives, to the maximum extent constant with the best interest of the kid; and
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that kids get sufficient and correct parenting to help them accomplish their full potential; and
guaranteeing that moms and dads fulfil their tasks, and meet their duties, concerning the care, welfare and development of their kids.
There are other elements that the Court might consider in any specific circumstances.
Why Choose Our Family Lawyers Burnside Heights VIC
We are passionate regarding giving a specialty Family Law service Burnside Heights that welcomes you, understands you and shows you empathy in difficult times. Find out why you can be guaranteed of our dedication to your legal requirements.