Accredited Family Law & Separation Specialists In Croydon
We know family law. Our Family Solicitors Croydon have actually represented numerous family law customers over the years and act for mums, fathers, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce solicitors can represent you in all aspects of family law, having particular proficiency in divorce, child custody and property division.
We are dedicated 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 best possible result. If you are looking to engage the services of some of the very best family solicitors Croydon has to offer, then look no further. When engaging one of our specialists, you can feel confident you have the best in your corner.
A Divorce is the legal dissolution of a marital relationship.
In Croydon, the Family Law Act 1975 established 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 infidelity, violence or abandonment are irrelevant. The only ground for Divorce is that the marital relationship has actually broken down irretrievably.
Any application for Divorce is normally 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 duration of separation. This 12 month separation duration is to be a constant duration and suggests 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 family services. It may be difficult to establish that separation has actually happened in these situations and appropriately the Court will require proof 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 resident by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to live in Croydon indefinitely or otherwise be able to supply evidence that you lived 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 think about that proper 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.
When a Divorce has actually been given the Divorce becomes effective one month and one day after the Order has actually been made.
When a Divorce has worked, there is just a 12 month period where to file an application for property/financial and spousal maintenance. An extension to this period might be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Croydon
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 proceedings the parties are required to go to, take part and make a real attempt in fixing any parenting concerns at a household disagreement resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If an arrangement is reached the terms of that arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, further settlements can be set up with the help of lawyer, arbitrators and counsellors Croydon.
If no agreement 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 conflict resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to concern the very best interests of the child as the vital consideration.
According to area 60B of the Family Law Act 1975, the very best interests of the children are fulfilled by:
ensuring that the children have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum degree constant with the very best interest of the child; and
securing the kids from physical and mental damage and from being subjected to, or exposed to, abuse, overlook or family violence; and
ensuring that children get adequate and correct parenting to help them achieve their complete potential; and
guaranteeing that parents fulfil their duties, and satisfy their obligations, concerning the care, welfare and advancement of their children.
There are other aspects that the Court might take into account in any specific scenarios.
Why Choose Our Family Lawyers Croydon VIC
We are passionate regarding providing a specialized Family Law service Croydon that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be assured of our commitment to your legal needs.