Accredited Family Law & Divorce Specialists In St Andrews
We understand family law. Our Family Solicitors St Andrews have actually represented hundreds of family law clients for many years and act for mums, dads, grandmothers, grandpas, married couples, same-sex couples and de facto couples. Our skilled family law and divorce lawyers can represent you in all aspects of family law, having specific know-how in divorce, child custody and property division.
We are committed to assisting you settle your matter as quickly as possible, and if that’s not achievable, then we will represent you expertly throughout the Court process so that you acquire the very best possible outcome. If you are planning to engage the services of a few of the very best family solicitors St Andrews has to offer, then look no more. 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 marriage.
In St Andrews, the Family Law Act 1975 developed the no-fault Divorce system. This no-fault Divorce concept means that a Court will not consider who was at fault for the breakdown of the relationship. Any accusations of adultery, violence or desertion are unimportant. The only ground for Divorce is that the marital relationship has broken down irretrievably.
Any application for Divorce is usually filed 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 only readily available after a 12 month period of separation. This 12 month separation period is to be a continuous duration and indicates more than physical separation where there is no probability of reconciliation.
The application can be opposed in circumstances where the Court does not have jurisdiction to handle 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 living under the exact same roof or if one has actually offered the other with some home services. It may be challenging to establish that separation has taken place in these situations 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 partner will need to be an Australia citizen by birth, decent or otherwise. If that can not be established, you or your partner has to regard Australia as your home, mean to reside in St Andrews forever or otherwise have the ability to supply evidence that you resided in Australian for at least 12 months prior to the filing of the application.
In instances 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 correct plans have actually been made for any child of the marriage, 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.
Once a Divorce has been granted the Divorce becomes reliable one month and one day after the Order has been made.
When a Divorce has actually taken effect, there is just a 12 month period in which to submit an application for property/financial and spousal maintenance. An extension to this duration might be approved in situations where both parties agree to the extension and the parties have the leave of the Court.
Parenting Orders St Andrews
Applications for Parenting Orders can be brought by either or both of the moms and dads, a grandparent or any other significant individual in a child’s life.
Prior to the commencement of any Court proceedings the parties are needed to participate in, participate and make a genuine attempt in resolving any parenting concerns at a household dispute resolution conference. Following completion of this conference, a Certificate is released to the parties.
If an agreement is reached the terms of that agreement can be formalised through an Application for Permission Orders. If no arrangement can be reached, even more negotiations can be organized with the assistance of lawyer, mediators and counsellors St Andrews.
If no agreement can be reached beyond the court system, an individual may then make an application to the Court. An application to Court will need verification that the parties have actually attempted a disagreement resolution conference and are in receipt of the Certificate. There are exceptions in obtaining this Certificate prior to the beginning of Court procedures.
In parenting matters, a Court must regard the best interests of the child as the critical factor to consider.
According to section 60B of the Family Law Act 1975, the very best interests of the children are satisfied by:
guaranteeing that the kids have the advantage of both of their moms and dads having a significant involvement in their lives, to the optimum level constant with the very best interest of the child; and
protecting the children from physical and mental damage and from undergoing, or exposed to, abuse, disregard or family violence; and
ensuring that children receive adequate and correct parenting to help them achieve their complete potential; and
guaranteeing that parents satisfy their duties, and meet their obligations, concerning the care, well-being and advancement of their children.
There are other aspects that the Court might take into account in any particular scenarios.
Why Choose Our Family Lawyers St Andrews VIC
We are passionate regarding providing a specialty Family Law service St Andrews that welcomes you, understands you as well as shows you empathy in difficult times. Learn why you can be guaranteed of our commitment to your legal requirements.