Accredited Family Law & Separation Specialists In Clarendon
We understand family law. Our Family Lawyers Clarendon have actually represented hundreds of family law customers over the years and act for mums, dads, grandmas, grandfathers, married 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 specific proficiency in divorce, child custody and residential or commercial property division.
We are devoted to assisting you settle your matter as quickly as possible, and if that’s not possible, then we will represent you expertly throughout the Court procedure so that you obtain the best possible outcome. If you are looking to engage the services of a few of the best family solicitors Clarendon has to offer, then look no more. When engaging one of our experts, you can feel confident you have the very best in your corner.
A Divorce is the legal dissolution of a marriage.
In Clarendon, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept means 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 marriage has actually broken down irretrievably.
Any application for Divorce is generally 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 file the application together.
An application for Divorce is only readily available after a 12 month period of separation. This 12 month separation duration is to be a constant period and indicates more than physical separation where there is no possibility 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 same roof or if one has actually offered the other with some household services. It may be hard to establish that separation has actually taken place in these situations and accordingly the Court will require evidence in support of the application.
In addition to the requirements of a duration 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 established, you or your spouse has to regard Australia as your home, plan to reside in Clarendon indefinitely or otherwise be able to supply proof that you lived 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 needs the parties to attend 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 produced any child of the marital relationship, or a child from another relationship, or a child who has actually or was adopted or who is dealt with as a member of that home, and under the age of 18.
Once a Divorce has actually been granted the Divorce becomes efficient one month and one day after the Order has actually been made.
When a Divorce has actually taken effect, there is only a 12 month period where to submit an application for property/financial and spousal maintenance. An extension to this duration might be given in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Clarendon
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant person in a child’s life.
Prior to the commencement of any Court procedures the parties are needed to attend, participate and make a real attempt in solving any parenting concerns at a family conflict resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Approval Orders. If no arrangement can be reached, further negotiations can be arranged with the assistance of solicitor, conciliators and counsellors Clarendon.
If no arrangement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need confirmation that the parties have actually attempted a dispute resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court must concern the very best interests of the child as the vital consideration.
According to section 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
making sure that the kids have the benefit of both of their parents having a significant participation in their lives, to the maximum level consistent with the best interest of the child; and
protecting the kids from physical and mental damage and from going through, or exposed to, abuse, overlook or family violence; and
ensuring that children get sufficient and correct parenting to assist them accomplish their full potential; and
guaranteeing that parents satisfy their duties, and satisfy their duties, concerning the care, well-being and development of their children.
There are other aspects that the Court might take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Clarendon VIC
We are passionate regarding giving a specialty Family Law service Clarendon that welcomes you, understands you as well as shows you empathy in hard times. Learn why you can be guaranteed of our commitment to your legal needs.