Accredited Family Law & Separation Specialists In Chiltern
We understand family law. Our Family Lawyers Chiltern have actually represented numerous family law clients over the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce legal representatives can represent you in all aspects of family law, having particular proficiency in divorce, child custody and residential or commercial property division.
We are dedicated to helping you settle your matter as rapidly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you obtain the best possible outcome. If you are aiming to engage the services of some of the best family legal representatives Chiltern has to offer, then look no more. When engaging among our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Chiltern, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce principle means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is usually filed 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 submit the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation period 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 scenarios 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 exact same roof or if one has actually provided the other with some home services. It might be hard to establish that separation has actually occurred in these scenarios and appropriately the Court will require evidence in assistance of the application.
In addition to the requirements of a period 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 needs to regard Australia as your home, plan to live in Chiltern forever or otherwise have the ability to provide 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 wed 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 have to consider that correct plans have been produced 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.
Once a Divorce has been given the Divorce becomes effective one month and one day after the Order has been made.
When a Divorce has worked, there is only a 12 month period in which to file an application for property/financial and spousal maintenance. An extension to this duration might be granted in situations where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Chiltern
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or other significant person in a kid’s life.
Prior to the beginning of any Court proceedings the parties are required to attend, participate and make a genuine effort in solving 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 terms of that contract can be formalised through an Application for Consent Orders. If no arrangement can be reached, further settlements can be organized with the help of solicitor, mediators and counsellors Chiltern.
If no arrangement can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need confirmation that the parties have attempted a dispute resolution conference and are in invoice of the Certificate. There are exceptions in acquiring this Certificate prior to the start of Court proceedings.
In parenting matters, a Court needs to concern the best interests of the child as the critical consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are met by:
ensuring that the children have the benefit of both of their moms and dads having a significant involvement in their lives, to the maximum degree constant with the best interest of the child; and
protecting the children from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
making sure that kids get adequate and appropriate parenting to help them attain their complete potential; and
ensuring that moms and dads satisfy their duties, and fulfill their obligations, concerning the care, well-being and advancement of their kids.
There are other aspects that the Court may take into account in any specific scenarios.
Why Choose Our Family Lawyers Chiltern VIC
We are passionate regarding providing a specialized Family Law service Chiltern that welcomes you, understands you and shows you empathy in hard times. Find out why you can be guaranteed of our commitment to your legal demands.