Accredited Family Law & Separation Specialists In Carrum Downs
We understand family law. Our Family Lawyers Carrum Downs 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 knowledgeable family law and divorce solicitors can represent you in all elements of family law, having particular competence in divorce, child custody and residential or commercial property division.
We are committed to helping 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 very best possible result. If you are looking to engage the services of some of the best family legal representatives Carrum Downs has to offer, then look no more. When engaging among our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Carrum Downs, 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 adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is typically 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 just offered after a 12 month duration of separation. This 12 month separation duration is to be a continuous duration and means 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 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 supplied the other with some home services. It may be challenging to establish that separation has actually occurred in these circumstances and accordingly the Court will require proof in support of the application.
In addition to the requirements of a period of 12 months of separation, either you or your partner will have to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to live in Carrum Downs forever or otherwise have the ability to provide evidence that you lived 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 needs 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 have to think about that appropriate plans 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 dealt with as a member of that family, and under the age of 18.
Once a Divorce has been given the Divorce ends up being reliable one month and one day after the Order has actually been made.
As soon as a Divorce has taken effect, there is only a 12 month duration where to file an application for property/financial and spousal upkeep. An extension to this period might be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Carrum Downs
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant individual in a child’s life.
Prior to the start of any Court procedures the parties are needed to go to, get involved and make an authentic effort in solving any parenting issues at a household conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If an agreement is reached the regards to that agreement can be formalised through an Application for Permission Orders. If no arrangement can be reached, further settlements can be set up with the assistance of lawyer, mediators and counsellors Carrum Downs.
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 actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to concern the best interests of the child as the critical factor to consider.
According to section 60B of the Family Law Act 1975, the best interests of the children are fulfilled by:
making sure that the children have the benefit of both of their moms and dads having a meaningful participation in their lives, to the maximum extent consistent with the best interest of the child; and
protecting the kids from physical and mental harm and from undergoing, or exposed to, abuse, neglect or family violence; and
ensuring that kids get sufficient and proper parenting to assist them attain their complete potential; and
making sure that parents fulfil their duties, and meet their responsibilities, concerning the care, welfare and development of their children.
There are other elements that the Court might consider in any specific situations.
Why Choose Our Family Lawyers Carrum Downs VIC
We are passionate regarding giving a specialized Family Law service Carrum Downs that welcomes you, understands you as well as shows you empathy in challenging times. Find out why you can be guaranteed of our commitment to your legal needs.