Accredited Family Law & Separation Specialists In Dalyenong
We know family law. Our Family Solicitors Dalyenong have represented hundreds of family law customers throughout the years and act for mums, fathers, grandmas, grandfathers, couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all aspects of family law, having particular knowledge in divorce, child custody and property division.
We are committed to helping you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court procedure so that you obtain the best possible result. If you are looking to engage the services of a few of the best family lawyers Dalyenong has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the very best on your side.
A Divorce is the legal dissolution of a marriage.
In Dalyenong, 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 allegations of adultery, violence or abandonment are irrelevant. The only ground for Divorce is that the marriage has broken down irretrievably.
Any application for Divorce is generally submitted 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 just available after a 12 month duration of separation. This 12 month separation duration is to be a continuous period and implies more than physical separation where there is no possibility of reconciliation.
The application can be opposed in circumstances where the Court does not have jurisdiction to deal with 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 exact same roof or if one has supplied the other with some family services. It might be hard to develop that separation has occurred in these scenarios and appropriately the Court will need 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 person by birth, decent or otherwise. If that can not be developed, you or your spouse needs to regard Australia as your home, intend to reside in Dalyenong indefinitely or otherwise be able 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 actually been wed for less than 2 years, the Court needs 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 need to think about that appropriate plans have actually 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 household, and under the age of 18.
When a Divorce has been given the Divorce ends up being effective one month and one day after the Order has actually been made.
When a Divorce has worked, there is only a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration may be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Dalyenong
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 start of any Court proceedings the parties are needed to participate in, participate and make a genuine effort in fixing 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 arrangement can be formalised through an Application for Authorization Orders. If no contract can be reached, even more negotiations can be arranged with the help of lawyer, mediators and counsellors Dalyenong.
If no arrangement can be reached outside of the court system, an individual might then make an application to the Court. An application to Court will need confirmation that the parties have actually tried a conflict resolution conference and are in receipt of the Certificate. There are exceptions in getting this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court needs to regard the best interests of the kid as the vital consideration.
Inning accordance with area 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
making sure that the children have the advantage of both of their parents having a significant involvement in their lives, to the optimum degree constant with the best interest of the kid; and
protecting the children from physical and mental harm and from being subjected to, or exposed to, abuse, overlook or family violence; and
guaranteeing that children get appropriate and proper parenting to help them attain their complete potential; and
making sure that parents satisfy their tasks, and fulfill their responsibilities, concerning the care, well-being and development of their children.
There are other factors that the Court might take into consideration in any particular situations.
Why Choose Our Family Lawyers Dalyenong VIC
We are passionate regarding offering a specialized Family Law service Dalyenong that welcomes you, understands you and also shows you empathy in difficult times. Learn why you can be guaranteed of our dedication to your legal requirements.