Accredited Family Law & Divorce Specialists In St Albans Park
We understand family law. Our Family Solicitors St Albans Park have actually represented numerous family law customers over the years and act for mums, dads, grandmas, grandpas, married couples, same-sex couples and de facto couples. Our experienced family law and divorce solicitors can represent you in all elements of family law, having particular competence in divorce, child custody and home division.
We are committed to helping you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you skillfully throughout the Court process so that you get the very best possible outcome. If you are wanting to engage the services of a few of the very best family solicitors St Albans Park has to offer, then look no further. When engaging one of our specialists, you can rest assured you have the best on your side.
A Divorce is the legal dissolution of a marriage.
In St Albans Park, the Family Law Act 1975 established the no-fault Divorce system. This no-fault Divorce concept suggests that a Court will not consider who was at fault for the breakdown of the relationship. Any allegations of infidelity, violence or abandonment are unimportant. The only ground for Divorce is that the marital relationship has actually 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 marital relationship submits the application, or a joint application where both parties submit 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 continuous duration and indicates more than physical separation where there is no likelihood of reconciliation.
The application can be opposed in scenarios 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 household services. It might be difficult to establish that separation has happened in these circumstances and accordingly the Court will require proof in assistance of the application.
In addition to the requirements of a period 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 established, you or your partner has to regard Australia as your home, plan to reside in St Albans Park indefinitely or otherwise be able to provide proof that you resided 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 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 have to think about that proper plans have 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 household, and under the age of 18.
As soon as 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 worked, there is just a 12 month duration in which to submit an application for property/financial and spousal upkeep. An extension to this period might be approved in circumstances where both parties consent to the extension and the parties have the leave of the Court.
Parenting Orders St Albans Park
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 start of any Court proceedings the parties are required to attend, take part and make a genuine attempt in dealing with any parenting problems at a family conflict resolution conference. Following conclusion of this conference, a Certificate is issued to the parties.
If a contract is reached the regards to that arrangement 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 solicitor, arbitrators and counsellors St Albans Park.
If no contract can be reached outside of the court system, a person may then make an application to the Court. An application to Court will need verification that the parties have attempted a disagreement resolution conference and are in invoice of the Certificate. There are exceptions in obtaining this Certificate prior to the start of Court procedures.
In parenting matters, a Court must relate to the 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 met by:
ensuring that the children have the advantage of both of their parents having a significant participation in their lives, to the maximum extent consistent with the very best interest of the kid; and
securing the children from physical and psychological harm and from being subjected to, or exposed to, abuse, disregard or family violence; and
guaranteeing that children receive appropriate and appropriate parenting to assist them attain their full potential; and
ensuring that parents fulfil their tasks, and meet their duties, concerning the care, welfare and development of their children.
There are other aspects that the Court may take into account in any particular scenarios.
Why Choose Our Family Lawyers St Albans Park VIC
We are passionate about providing a specialty Family Law service St Albans Park that welcomes you, understands you and shows you empathy in challenging times. Discover why you can be guaranteed of our dedication to your legal requirements.