Accredited Family Law & Divorce Specialists In Dandenong
We know family law. Our Family Solicitors Dandenong have actually represented numerous family law customers over the years and act for mums, dads, grandmothers, 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 competence in divorce, child custody and property division.
We are devoted to helping you settle your matter as quickly as possible, and if that’s not attainable, then we will represent you expertly throughout the Court procedure so that you get the very best possible outcome. If you are planning to engage the services of some of the very best family solicitors Dandenong has to offer, then look no further. When engaging among our specialists, you can feel confident you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In Dandenong, the Family Law Act 1975 developed 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 accusations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marriage has actually 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 submits 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 period is to be a continuous period and indicates 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 same roof or if one has provided the other with some household services. It may be hard to develop that separation has taken place in these scenarios and accordingly the Court will need proof in assistance 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 developed, you or your spouse needs to regard Australia as your home, mean to live in Dandenong indefinitely or otherwise have the ability to provide evidence that you lived in Australian for at least 12 months prior to the filing of the application.
In instances where a couple has been married 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 need to think about that appropriate arrangements have been produced any child of the marriage, 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.
When a Divorce has been given the Divorce becomes effective one month and one day after the Order has actually been made.
As soon as a Divorce has worked, there is just a 12 month period where to submit an application for property/financial and spousal upkeep. An extension to this duration might be granted in circumstances where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders Dandenong
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant individual in a kid’s life.
Prior to the commencement of any Court proceedings the parties are needed to go to, take part and make an authentic effort in fixing any parenting issues at a family conflict resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an arrangement is reached the terms of that contract can be formalised through an Application for Authorization Orders. If no contract can be reached, further settlements can be set up with the assistance of lawyer, mediators and counsellors Dandenong.
If no contract can be reached beyond the court system, an individual might then make an application to the Court. An application to Court will require verification that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court proceedings.
In parenting matters, a Court needs to regard the very best interests of the kid as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the best interests of the children are met by:
making sure that the kids have the benefit of both of their parents having a meaningful involvement in their lives, to the optimum degree constant with the very best interest of the kid; and
securing the children from physical and mental damage and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that children get adequate and correct parenting to assist them attain their complete potential; and
guaranteeing that parents fulfil their tasks, and meet their obligations, concerning the care, welfare and development of their children.
There are other elements that the Court may take into consideration in any specific circumstances.
Why Choose Our Family Lawyers Dandenong VIC
We are passionate regarding providing a specialized Family Law service Dandenong that welcomes you, understands you and also shows you empathy in tough times. Figure out why you can be assured of our dedication to your legal needs.