Accredited Family Law & Separation Specialists In Shannonvale
We understand family law. Our Family Lawyers Shannonvale have represented numerous family law clients for many years and act for mums, dads, grandmas, 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 specific knowledge in divorce, child custody and residential or commercial property division.
We are committed to assisting you settle your matter as rapidly as possible, and if that’s not attainable, then we will represent you skillfully throughout the Court process so that you get the very best possible result. If you are seeking to engage the services of some of the best family lawyers Shannonvale has to offer, then look no further. When engaging among our professionals, you can feel confident you have the very best on your side.
A Divorce is the legal dissolution of a marital relationship.
In Shannonvale, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept indicates that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or desertion are irrelevant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is normally submitted in the Federal Circuit Court of Australia and the application can either be a sole application where one party to the marriage files the application, or a joint application where both parties submit the application together.
An application for Divorce is just offered after a 12 month period of separation. This 12 month separation duration is to be a constant duration and implies more than physical separation where there is no probability of reconciliation.
The application can be opposed in situations 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 residing under the very same roof or if one has supplied the other with some home services. It might be challenging to establish that separation has happened in these situations 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 spouse will need to be an Australia resident by birth, decent or otherwise. If that can not be established, you or your partner needs to regard Australia as your home, mean to reside in Shannonvale forever or otherwise have the ability to offer proof that you resided in Australian for a minimum of 12 months prior to the filing of the application.
In instances where a couple has been wed for less than 2 years, the Court requires the parties to attend 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 consider that proper 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 dealt with as a member of that family, and under the age of 18.
Once a Divorce has been approved the Divorce ends up being effective one month and one day after the Order has actually been made.
Once a Divorce has taken effect, there is only a 12 month period in which to submit an application for property/financial and spousal upkeep. An extension to this period might be granted in scenarios where both parties accept the extension and the parties have the leave of the Court.
Parenting Orders Shannonvale
Applications for Parenting Orders can be brought by either or both of the parents, a grandparent or any other significant person in a child’s life.
Prior to the beginning of any Court proceedings the parties are required to attend, get involved and make an authentic effort in solving any parenting problems at a household conflict resolution conference. Following completion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that contract can be formalised through an Application for Authorization Orders. If no agreement can be reached, further negotiations can be set up with the assistance of lawyer, conciliators and counsellors Shannonvale.
If no contract can be reached beyond the court system, a person may then make an application to the Court. An application to Court will require confirmation that the parties have actually tried a conflict resolution conference and are in invoice of the Certificate. There are exceptions in getting this Certificate prior to the commencement of Court procedures.
In parenting matters, a Court must concern the very best interests of the kid as the paramount consideration.
Inning accordance with section 60B of the Family Law Act 1975, the very best interests of the children are met by:
ensuring that the children have the advantage of both of their moms and dads having a meaningful involvement in their lives, to the optimum degree consistent with the very best interest of the child; and
securing the children from physical and mental harm and from going through, or exposed to, abuse, disregard or family violence; and
making sure that children get adequate and correct parenting to assist them attain their full potential; and
ensuring that parents satisfy their tasks, and satisfy their obligations, concerning the care, well-being and development of their children.
There are other aspects that the Court may take into consideration in any specific situations.
Why Choose Our Family Lawyers Shannonvale VIC
We are passionate about providing a specialized Family Law service Shannonvale that welcomes you, understands you and shows you empathy in tough times. Learn why you can be guaranteed of our dedication to your legal needs.