Accredited Family Law & Divorce Specialists In Clifton Hill
We know family law. Our Family Lawyers Clifton Hill have represented hundreds of family law clients over the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce legal representatives can represent you in all elements of family law, having specific know-how in divorce, child custody and residential or commercial property division.
We are devoted to assisting you settle your matter as rapidly as possible, and if that’s not possible, then we will represent you skillfully throughout the Court procedure so that you get the very best possible result. If you are looking to engage the services of some of the very best family lawyers Clifton Hill has to offer, then look no further. When engaging one of our experts, you can rest assured you have the best in your corner.
A Divorce is the legal dissolution of a marriage.
In Clifton Hill, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marriage has actually broken down irretrievably.
Any application for Divorce is typically submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marital relationship submits the application, or a joint application where both parties file the application together.
An application for Divorce is just readily available 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 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 residing under the exact same roof or if one has supplied the other with some family services. It might be challenging to develop that separation has actually occurred in these situations and appropriately 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 have to be an Australia person by birth, decent or otherwise. If that can not be developed, you or your spouse has to regard Australia as your home, mean to live in Clifton Hill forever or otherwise have the ability to supply proof that you resided in Australian for at least 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 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 made for 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.
Once a Divorce has actually been approved the Divorce becomes effective one month and one day after the Order has been made.
Once a Divorce has actually taken effect, there is just a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this duration might be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders Clifton Hill
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a child’s life.
Prior to the start of any Court proceedings the parties are needed to participate in, participate and make a genuine attempt in solving any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the regards to that contract can be formalised through an Application for Consent Orders. If no agreement can be reached, further settlements can be organized with the support of solicitor, conciliators and counsellors Clifton Hill.
If no agreement can be reached beyond the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court proceedings.
In parenting matters, a Court must relate to the best interests of the child as the paramount consideration.
According to area 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 moms and dads having a significant involvement in their lives, to the maximum level consistent with the very best interest of the kid; and
securing the kids from physical and psychological harm and from going through, or exposed to, abuse, neglect or family violence; and
making sure that kids get appropriate and proper parenting to help them achieve their full potential; and
making sure that moms and dads satisfy their duties, and meet their responsibilities, concerning the care, welfare and development of their kids.
There are other factors that the Court may take into account in any particular scenarios.
Why Choose Our Family Lawyers Clifton Hill VIC
We are passionate about providing a specialty Family Law service Clifton Hill that welcomes you, understands you and shows you empathy in hard times. Learn why you can be assured of our dedication to your legal demands.