Accredited Family Law & Separation Specialists In Caulfield
We understand family law. Our Family Solicitors Caulfield have represented numerous family law clients for many years and act for mums, fathers, grandmas, grandpas, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce legal representatives can represent you in all aspects of family law, having particular know-how in divorce, child custody and residential or commercial property division.
We are dedicated 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 acquire the very best possible outcome. If you are wanting to engage the services of a few of the best family legal representatives Caulfield has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Caulfield, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept indicates 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 marital relationship has broken down irretrievably.
Any application for Divorce is usually submitted 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 submit the application together.
An application for Divorce is only available after a 12 month duration of separation. This 12 month separation period is to be a constant duration and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in situations where the Court does not have jurisdiction to handle the matter or otherwise where the parties to the proceedings have 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 provided the other with some family services. It may be challenging to establish that separation has actually occurred in these situations and accordingly 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 established, you or your spouse has to regard Australia as your home, intend to reside in Caulfield indefinitely or otherwise be able to supply proof that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has actually 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 have to consider that correct plans have 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 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.
When a Divorce has taken effect, there is just a 12 month duration where to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in circumstances where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Caulfield
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant person in a kid’s life.
Prior to the commencement of any Court procedures the parties are required to attend, get involved and make an authentic attempt in resolving any parenting problems at a household disagreement resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, even more settlements can be organized with the help of lawyer, mediators and counsellors Caulfield.
If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will require verification that the parties have actually tried a dispute 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 should regard the very best interests of the child as the vital factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their parents having a meaningful participation in their lives, to the optimum level consistent with the very best interest of the child; and
securing the kids from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
making sure that kids receive appropriate and proper parenting to help them accomplish their full potential; and
guaranteeing that parents fulfil their duties, and fulfill their responsibilities, concerning the care, well-being and development of their children.
There are other elements that the Court may consider in any particular situations.
Why Choose Our Family Lawyers Caulfield VIC
We are passionate regarding providing a specialty Family Law service Caulfield that welcomes you, understands you as well as shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal demands.