Accredited Family Law & Divorce Specialists In Caulfield North
We know family law. Our Family Solicitors Caulfield North have represented numerous family law clients for many years and act for mums, fathers, grandmothers, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all elements of family law, having specific know-how in divorce, child custody and home division.
We are dedicated to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court process so that you acquire the very best possible result. If you are wanting to engage the services of some of the very best family lawyers Caulfield North has to offer, then look no more. When engaging among our professionals, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Caulfield North, 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 adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is generally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship files the application, or a joint application where both parties file the application together.
An application for Divorce is only readily 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 scenarios 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 living under the very same roof or if one has provided the other with some household services. It might be hard to develop that separation has happened in these scenarios and appropriately the Court will require 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 have to be an Australia citizen by birth, decent or otherwise. If that can not be developed, you or your partner has to regard Australia as your home, plan to live in Caulfield North forever or otherwise have the ability to offer proof that you resided 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 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 appropriate plans have 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 home, and under the age of 18.
As soon as a Divorce has actually been given the Divorce ends up being effective one month and one day after the Order has been made.
As soon as 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 period may be approved in scenarios where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Caulfield North
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 beginning of any Court procedures the parties are required to participate in, participate and make an authentic effort in solving any parenting problems at a family dispute resolution conference. Following conclusion of this conference, a Certificate is provided to the parties.
If a contract is reached the terms of that arrangement can be formalised through an Application for Consent Orders. If no arrangement can be reached, further settlements can be arranged with the help of solicitor, conciliators and counsellors Caulfield North.
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 receipt of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court procedures.
In parenting matters, a Court needs to relate to the best interests of the child as the vital factor to consider.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the kids have the advantage of both of their parents having a significant involvement in their lives, to the maximum level consistent with the best interest of the child; and
securing the kids from physical and mental damage and from undergoing, or exposed to, abuse, overlook or family violence; and
making sure that children receive adequate and appropriate parenting to help them achieve their full potential; and
guaranteeing that moms and dads satisfy their tasks, and fulfill their responsibilities, concerning the care, well-being and advancement of their children.
There are other aspects that the Court may take into account in any particular situations.
Why Choose Our Family Lawyers Caulfield North VIC
We are passionate about offering a specialized Family Law service Caulfield North that welcomes you, understands you and shows you empathy in hard times. Figure out why you can be assured of our commitment to your legal needs.