Accredited Family Law & Divorce Specialists In Dandenong North
We know family law. Our Family Lawyers Dandenong North have actually represented numerous family law clients throughout the years and act for mums, fathers, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our knowledgeable family law and divorce lawyers can represent you in all elements of family law, having particular proficiency 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 attainable, then we will represent you expertly throughout the Court procedure so that you acquire the best possible outcome. If you are seeking to engage the services of a few of the very best family solicitors Dandenong North 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 marriage.
In Dandenong North, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce principle indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of adultery, violence or abandonment are unimportant. 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 file the application together.
An application for Divorce is only offered after a 12 month period of separation. This 12 month separation duration is to be a continuous period and indicates more than physical separation where there is no likelihood 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 actually supplied the other with some household services. It might be tough to develop that separation has actually happened in these circumstances and appropriately the Court will need proof in support 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 developed, you or your spouse has to regard Australia as your home, intend to reside in Dandenong North forever or otherwise be able 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 actually 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 proper plans have actually been made for any child of the marital relationship, or a child from another relationship, or a child who has actually 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 given the Divorce ends up being reliable one month and one day after the Order has been made.
When a Divorce has actually taken effect, there is only a 12 month duration in which to file an application for property/financial and spousal maintenance. An extension to this period may be given in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Dandenong North
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or other significant individual in a kid’s life.
Prior to the start of any Court proceedings the parties are required to attend, get involved and make a real attempt in fixing any parenting issues at a household dispute resolution conference. Following conclusion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that contract can be formalised through an Application for Permission Orders. If no contract can be reached, even more negotiations can be set up with the assistance of lawyer, mediators and counsellors Dandenong North.
If no contract 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 acquiring this Certificate prior to the beginning of Court proceedings.
In parenting matters, a Court needs to relate to the very best interests of the child as the critical factor to consider.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are satisfied by:
ensuring that the kids have the advantage of both of their parents having a meaningful involvement in their lives, to the optimum extent consistent with the very best interest of the child; and
securing the kids from physical and psychological damage and from being subjected to, or exposed to, abuse, neglect or family violence; and
ensuring that children get adequate and correct parenting to help them achieve their complete potential; and
making sure that parents satisfy their tasks, and satisfy their duties, concerning the care, well-being and advancement of their kids.
There are other elements that the Court might take into account in any particular scenarios.
Why Choose Our Family Lawyers Dandenong North VIC
We are passionate about offering a specialty Family Law service Dandenong North 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.